NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THE PRIZEWINNER WILL BE REQUIRED TO EXECUTE AN AFFIDAVIT, AS MORE FULLY DETAILED BELOW. All Sweepstakes-execution-specific times refer to Pacific time (“PT”). The DC Universe Presents The Ultimate Batman Studio Tour Sweepstakes (the ”Sweepstakes”) is sponsored by DC Universe, located at 2900 W. Alameda Avenue, Burbank, California 91505 (the “Sponsor”). The entry period begins on August 29, 2018, at 4:30:01 p.m. PT and ends on September 12, 2018, at 5:59:59 a.m. PT as further detailed below (the “Master Sweepstakes Period”). Sweepstakes is subject to all applicable federal, state and local laws.
The Sweepstakes is open to individuals who (a) have internet access; (b) are at least eighteen (18) years of age on the date of entry, and if under the Age of Majority in their State of Residence have asked their Parent for permission to enter; (c) are a legal resident of and physically residing in one (1) of the forty-eight (48) contiguous United States or the District of Columbia (void in Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law) (each an “Entrant” or collectively “Entrants”).
Neither Sponsor nor employees of Sponsor, DC Entertainment, Warner Bros. Digital Networks, Warner Bros. Entertainment Inc., Warner Bros. Consumer Products, Warner Bros. Studio Tour, Entergrate, Inc. (“Administering Agency”); their respective parent companies, affiliates and subsidiaries; and their respective employees, officers, directors and agents (collectively, the “Sweepstakes Entities”) are eligible to participate in the Sweepstakes and/or win the Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” are defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
The Sweepstakes is administered by the Administering Agency. Entrants must be of good moral character and must have nothing in their background that would be an embarrassment to Sweepstakes Entities. Sponsor reserves the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). By entering, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.
Limit one (1) Entry per email address or household regardless of the method of entry. If more than one such Entry is submitted, only the first such Entry submitted will be accepted. Any attempt by an Entrant to obtain more than the allowable Entries by using multiple/different email addresses, accounts, identities or any other methods will void all of that participant’s Entries.
There are three methods of entry:
1) ON DCUNIVERSE.COM
From August 29, 2018, at 4:30:01 p.m. PT through September 12, 2018, at 5:59:59 a.m. PT, follow the on-page directions to preorder an annual DC Universe membership, provide the requested personally identifying information, and you will automatically receive one (1) Sweepstakes Entry and be entered into the Sweepstakes.
2) PREVIOUS PREORDER OF A DC UNIVERSE MEMBERSHIP
If you have previously preordered an annual DC Universe membership, and provided the requested personally identifying information, you will automatically receive one (1) Sweepstakes Entry and be entered into this Sweepstakes.
3) BY MAIL WITHOUT PURCHASE
Alternatively, you may enter the Sweepstakes WITHOUT PURCHASE by mail. On a plain postcard, hand-print your first name, last name, street address (no P.O. boxes allowed), city, state, zip code, daytime telephone number, email address and date of birth and mail with proper postage to
DC UNIVERSE PRESENTS THE ULTIMATE BATMAN STUDIO TOUR SWEEPSTAKES
8545 W. WARM SPRINGS ROAD, STE. A4-321
LAS VEGAS, NV 89113
If you have a compatible mobile device and choose to use it to participate and enter the Sweepstakes, standard message and data rates may apply based on the terms and conditions of your wireless carrier’s plan. Other charges may apply, such as normal airtime and carrier charges, and may appear on your mobile device bill or be deducted from your mobile device prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on data rate plans and charges relating to you and your participation in this Sweepstakes.
As part of your Entry, you agree to be automatically subscribed to receive updates, news and offers from Sponsor and the Warner Bros. Entertainment Group of companies (each and collectively, “Subscription”). You can manage and unsubscribe from your Subscription at any time without affecting your chances of winning. If you ever decide in the future that you would like to stop receiving your Subscription, you can (i) follow the “unsubscribe” instructions, or (ii) visit your subscription preferences page provided in the marketing email you receive from us. Please note that by submitting your Entry, your Subscription may include communications from us that you previously unsubscribed prior to your participation in this Sweepstakes. You can always unsubscribe at any time by following the procedure above. If you need assistance, please send the Sponsor an email at email@example.com. By clicking on the final “Enter” button (in any message or graphic-related representation), each Entrant submits his/her Entry to the Sweepstakes.
Entries that are received before and/or after the Master Sweepstakes Period will be void. The Sponsor will be the official timekeeper for the Sweepstakes.
Nonreadable, garbled or incomplete Entries, or Entrants that do not abide by these Official Rules, as determined by the Sponsor or Administering Agency at their sole discretion, will be disqualified. All Entries become property of the Sponsor and will not be returned or acknowledged. Entries that are submitted by a third-party entity on behalf of an Entrant, including, but not limited to, a Sweepstakes agent or agency, or Entries (as determined at the sole discretion of the Sponsor and/or Administering Agency) that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and will be void. Submission of false or misleading information by an Entrant will be grounds for disqualification of Entry. For purposes of this Sweepstakes, an Entry is “received” when the Sponsor’s server records the receipt of the Entry. Proof of sending (such as an automated computer receipt confirming Entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Sweepstakes. All Entries must be submitted legitimately.
In the event of a dispute regarding the identity of an Entrant who enters the Sweepstakes, the Entry will be deemed submitted by the authorized account holder of the email address provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain name associated with the submitted email address. A potential Prizewinner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible regardless of method of entry.
WINNER SELECTION AND ODDS:
On or about September 18, 2018, one (1) potential Prizewinner will be selected in a random drawing by the Administering Agency from all eligible Entries received during the Master Sweepstakes Period. If an Entrant’s Entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win the Prize (subject to the Sponsor’s and/or Administering Agency’s verification process). If successfully verified as the Prizewinner, he/she will be deemed the “Prizewinner.” If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to the Prize is forfeited and an alternate randomly drawn eligible Entrant may be selected and contacted at Sponsor’s sole discretion.
Odds of winning the Prize are determined by total number of eligible Entries received during the Master Sweepstakes Period.
One (1) prize (the “Prize”) will be awarded. Prize will consist of one (1) three (3)-day, two (2)-night trip for the Prizewinner and one (1) guest (“Travel Companion”) to the Los Angeles, California, area on dates to be determined by and at the sole discretion of the Sponsor (the “Trip”). Trip will include round-trip coach-class air transportation for Prizewinner and Travel Companion from a major commercial airport near Prizewinner’s home in one (1) of the forty-eight (48) contiguous U.S. or the District of Columbia to the destination-city-area airport (Prizewinner and Travel Companion must travel on the same itinerary, and final determination of the departure airport, destination airport, air carrier used and flight times is at the sole discretion of the Administering Agency); round-trip ground transportation to and from airport and hotel in the selected destination-city area; standard hotel accommodations for two (2) nights (one room, double occupancy, room rate and room taxes only); round-trip ground transportation to and from hotel and the Prizewinner-selected event (as further disclosed below); two (2) tickets to either Warner Bros. Studio Tour Hollywood OR Horror Made Here: A Festival of Frights;* a ride (for both Prizewinner and Travel Companion) in the Batmobile as featured in the Batman Forever movie; ground transportation to and from a tour of the DC Comics vault and a meet and greet opportunity with a DC Comics talent and/or editorial staff member (collectively, the “Event”); one (1) copy of Absolute Batman Hush signed by Jim Lee; one (1) Armored Batman Premium Format Figure by Sideshow Collectibles; three (3) Funko Batman POP figures (random assortment); two (2) Batman Multiverse Action Figures; one (1) Funko Batmobile with figures; one (1) LEGO Batcave set; one (1) Hollywood Rides Jada Toys Metals 1966 Batmobile; and two hundred dollars ($200) spending money (for Prizewinner only).
Warner Bros. Studio Tour Hollywood is a daytime 3-hour experience with visits throughout the iconic Warner Bros. backlot to explore backlots and soundstages, the DC Universe Exhibit, the Harry Potter & Fantastic Beasts Exhibits, the Batcave, and Stage 48: Script to Screen where you can see authentic props and costumes from your favorite films and TV shows. Horror Made Here: A Festival of Frights is a nighttime special event offered exclusively on October 5-6, 12-14, 18-21 and 25-28, 2018, starting at each night at 7:00 p.m. PT to 1:00 a.m. PT. Horror Made Here: A Festival of Frights includes dark mazes, scare zones, Halloween-themed food and drinks, a bone-chilling night tour and more.
Any additional destination amenities or physical prize-related elements awarded will be awarded at the sole discretion of the Sponsor. Estimated Retail Value (“ERV”) of the Prize will not exceed four thousand nine hundred fifty dollars ($4,950). Travel dates are subject to change at the sole discretion of the Sponsor and/or Administering Agency. Additional Event-related experiences may be added or modified at the sole discretion of the Sweepstakes Parties.
The final Actual Retail Value (“ARV”) of the Prize awarded will be based on, but not limited to, actual Prize elements awarded (at the Sponsor’s sole discretion).
All details of Prize fulfillment will be determined by the Administering Agency (acting as Prize Provider) at its sole discretion. The availability of DC Comics talent or editorial staff members in connection with the Prize is subject to his/her/their availability and is subject to cancellation. No compensation will be paid in lieu of a cancelled appearance as this portion of the Prize has no cash value.
If any other Prize element is not available for any reason, as determined by Sponsor at its sole discretion, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Prizewinner, and no additional compensation or substitution will be awarded. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize and is not responsible or liable for any expenses incurred as a consequence thereof.
If Prizewinner elects to partake of any or all portions of his/her Prize with no Travel Companion, the remaining elements of the Prize shall constitute full satisfaction of Sponsor’s Prize obligation to Prizewinner and no additional compensation will be awarded. All elements of the Prize must be redeemed during the Trip, and no changes will be permitted after confirmation of any redemption. Prizewinner will be required to provide a credit card at the time of hotel check-in. Specific travel dates and arrangements are subject to air travel, “high-season” and/or holiday blackout dates and to other Prize and travel restrictions. Reservations are subject to availability. Destination location and travel dates are at the sole discretion of the Administering Agency and/or Sponsor. ARV of the Prize may vary depending upon the point of departure, actual destination, ground transportation and/or airline fare fluctuations; any difference between stated ERV and ARV of Prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, any and all taxes and other expenses, costs or fees associated with the acceptance and/or use of the Prize, insurance, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prizewinner. All travel and lodging will be at the risk of the Prizewinner and his/her Travel Companion. Sponsor and Administering Agency will not replace any lost or stolen tickets, travel vouchers or certificates. Prizewinner is responsible for any air-travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Sweepstakes Parties are not liable for any expenses incurred as a consequence of any governmental-agency-related and/or flight cancellation/delay. Open tickets may not be issued, and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Prizewinner is not responsible for paying fares that may be incurred from unexpected stopovers. Travel arrangements will be made by the Administering Agency. Prizewinner and his/her Travel Companion must abide by, and are subject to, any and all minimum/maximum height, weight and health-related or safety-related or venue requirements or restrictions that may affect accessibility to and/or use of the Prize. Sponsor and Administering Agency shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor and/or Administering Agency deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Prizewinner and his/her Travel Companion are responsible for obtaining any necessary/required immunizations and/or travel documents, including, but not limited to, passports, visas and/or insurance (including, but not limited to, any travel and health insurance).
By entering this Sweepstakes and accepting the Prize, Prizewinner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or Prize-related activity. By entering this Sweepstakes and accepting the Prize, Prizewinner and his/her Travel Companion agree that Sponsor, its designated representatives and/or the Administering Agency reserve the right at their sole discretion to disqualify and remove Prizewinner and/or Travel Companion from any activity at any time if Prizewinner’s and/or Travel Companion’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property or the reputation of any of the Sweepstakes Parties or otherwise violates the policies of the Sponsor. Prizewinner agrees that his/her Travel Companion must comply with Sweepstakes Parties’ and each Prize-element provider’s procedures and policies and must, along with Travel Companion, sign and return a release of liability and, where legal, a publicity release to Administering Agency in the time frame specified by Administering Agency or travel will not be allowed. Once selected by Prizewinner, the Travel Companion cannot be changed without the express consent of the Administering Agency, which may be withheld for any reason.
Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prize is subject to certain terms and conditions as specified by issuer.
Actual Prize elements awarded may vary from those depicted in the Sweepstakes Official Rules and/or advertising and promotional materials and are at the sole discretion of the Sponsor and subject to availability from Prize providers.
No more than the Prize stated will be awarded. The stated Prize ARV is as of the start of the Master Sweepstakes Period and the value of the Prize set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed.
If an element of the Prize is not accepted, any difference between stated ARV and final ARV of Prize will not be awarded.
Sponsor will not replace any lost or stolen Prize-related items. In the event of such a loss, Sponsor shall have the right, at Sponsor’s sole discretion, to disqualify the Winner. Furthermore, Sponsor is under no obligation to award any remaining elements of the Prize, if any, and no additional compensation will be awarded.
The Prizewinner will be required to provide his/her Social Security number or a valid U.S. personal tax identification number and to comply with any other legal requirements. Failure to comply with these requirements may result in Prize forfeiture and selection of an alternate potential Prizewinner.
PRIZEWINNER NOTIFICATION PROCESS:
On or about September 21, 2018, the Administering Agency’s designated representative will attempt to notify the potential Prizewinner by telephone and/or email that he/she may be the Prizewinner in this Sweepstakes, using the contact information provided in his/her Entry. If the potential Prizewinner cannot be reached after three (3) attempts have been made within forty-eight (48) hours of the initial attempt, or if the potential Prizewinner does not respond according to instructions provided by the Administering Agency’s representative, if any, such person may be disqualified and, at Sponsor’s sole discretion, an alternate Prizewinner may be randomly selected from all remaining eligible Entries received during the Master Sweepstakes Period.
Once Administering Agency has received verbal or email confirmation (as determined at the Administering Agency’s sole discretion) from the potential Prizewinner of his or her desire to accept the Prize (subject to verification of eligibility), potential Prizewinner will be sent a Prizewinner Affidavit of Eligibility/Release of Liability/Publicity Release, with applicable tax forms (collectively, the “Winner Documents”), via email. The Prizewinner must fully complete the Winner Documents. When completed, using the e-signature mechanism provided by the Administering Agency, the Winner Documents must be returned without alteration to the Administering Agency within three (3) calendar days of the date of receipt by the potential Prizewinner. If all Winner Documents are not returned to the Administering Agency within the specified time, and at Sponsor’s sole discretion, a disqualification may result and an alternate Entry may be randomly selected from all remaining eligible Entries received during the Master Sweepstakes Period.
The Sponsor may require the potential Prizewinner to execute additional post-Sweepstakes documents or other documentation as required by Sponsor.
Undeliverable or refusal or late return of any notifications and any post-Sweepstakes documentation will result in disqualification, and another potential Prizewinner may be randomly selected from all eligible Entries received.
ADDITIONAL PRIZE INFORMATION/TAXES:
Prize is not transferable or assignable and may not be substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sweepstakes Entities reserve the right to substitute Prize or any portion thereof for another Prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. If Prizewinner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sweepstakes Entities will have no further obligation with respect to the Prize or portion of the Prize. The Prizewinner is solely responsible for any and all federal, state, local and any other taxes related to the Prize. The Administering Agency will furnish an Internal Revenue Service Form 1099 to the Prizewinner for the actual retail value of the Prize for the tax year in which the Prize was won. By entering, each Entrant agrees that if selected as a potential Prizewinner, Sponsor and/or Administering Agency may, at their option, conduct a background check on Entrant. If necessary or requested, the Prizewinner agrees to sign waiver forms authorizing the release of personal and background information.
The Sweepstakes Entities are not responsible for any delays in the delivery of the Prize. The Prizewinner agrees that the Sweepstakes Entities neither made nor are responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law.
GRANT—HOW THE SWEEPSTAKES ENTITIES MAY USE PERSONAE-RELATED MATERIALS, AS DISCLOSED BELOW:
Except where prohibited by law, by entering this Sweepstakes, each Entrant grants Sponsor and each of its licensees, successors and assigns the perpetual and irrevocable right and license to use his/her name, city, state, voice, photograph, visual and audio likeness, or statements (collectively, “Personae-Related Materials”) on a worldwide basis, in any manner and in all venues and forms of media now or hereafter devised, in perpetuity, without further notice, compensation, review or approval, including, without limitation, in and in connection with the Sweepstakes, on Sponsor-related websites and any of Sponsor’s advertising and promotion materials and/or broadcasts in any form. In addition, by entering, each Entrant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Sweepstakes, without additional compensation, review or approval. In connection therewith, each Entrant grants full permission and consent to Sponsor to utilize any of the results of such photographing, filming, taping and/or interviewing in any manner and in any and all media now known or hereafter devised without further notice, compensation, review or approval and hereby releases the Sweepstakes Entities from all liability related thereto.
As a condition of entry, each Entrant consents to read, agree to and sign an additional separate written agreement related to the Personae-Related Materials if Sponsor requires, at Sponsor’s sole discretion.
Entrant agrees that Sponsor is not obligated to manufacture, broadcast or otherwise use or exploit any Personae-Related Materials or any part thereof. By submitting an Entry, each Entrant agrees to execute any documents or take any further action required by Sponsor to effectuate the intention of the grants in these Official Rules and any other agreements made by each Entrant.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
THE SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
BY ENTERING, EACH ENTRANT AND EACH OF HIS/HER AGENTS, ASSIGNEES, EXECUTORS AND SUCCESSORS AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE EACH OF THE SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND DEBT ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHETHER NOW KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, DIRECTLY OR INDIRECTLY, PARTICIPATION IN THE SWEEPSTAKES, AND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED OR CONTRIBUTED TO BY OR ARISING OUT OF PARTICIPATION AND/OR ENTRY IN THE SWEEPSTAKES, OR RESULTING FROM ACCEPTANCE, POSSESSION, QUALITY, USE OR MISUSE OF THE PRIZE, OR ANY PORTION THEREOF, OR PREPARATION FOR OR TRAVEL TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY. IF ANY OF THESE OFFICIAL RULES IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE OFFICIAL RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS OR DELAYS RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO ENTERING THE SWEEPSTAKES AND AGREEING TO THESE OFFICIAL RULES, AN ENTRANT WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME AN ENTRANT AGREED TO THESE OFFICIAL RULES, AND WHICH IF KNOWN AT THAT TIME MAY HAVE MATERIALLY AFFECTED AN ENTRANT’S DECISION TO AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT BY REASON OF THESE OFFICIAL RULES, AND THE RELEASES CONTAINED IN THE PRECEDING PARAGRAPHS, EACH ENTRANT ASSUMES ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
Each Entrant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any city, state or territory of the U.S. are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Each Entrant agrees that the Sweepstakes Entities are not responsible for any errors, typographical errors or misprints in these Official Rules or any materials, including, but not limited to, the advertising, promotion or offer of the Sweepstakes. If the Sweepstakes or, as applicable, the fulfillment of the Prize or of a Prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, internet, network, technical or telephone or wireless communication failures, tampering, unauthorized intervention, fraud or an event of force majeure, such actions will not be considered a breach of these Official Rules. The Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry and select the Prizewinner from among all eligible Entries received for the Sweepstakes prior to or after the event warranting such cancellation, modification, suspension or withdrawal. Notice of such modification or cancellation will be posted at http://www.DCUniverse.com. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Sponsor’s or Administering Agency’s control./p>
The Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by the Sweepstakes Entities, the Entrant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected Entries, email or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication, including, but not limited to, lost or unavailable wireless connection or texting-related failure; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information.
Each Entrant, as a condition of entry, agrees that he/she has not purchased any kind of internet service or wireless communication service whatsoever in order to participate in and/or enter the Sweepstakes. Each Entrant agrees not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. Any person who supplies false information, submits Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the Prize will forfeit the Prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT ITS SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A Sweepstakes Entity’s failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in Entrant’s email account to receive email messages. Sweepstakes Entities are not responsible, and may disqualify an Entrant, if his or her email address, telephone or other contact information does not work or is changed without Entrant giving prior written notice to Sponsor. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved at Sponsor’s sole discretion. If Sponsor determines at any time at its sole discretion that the Prizewinner or potential Prizewinner is disqualified, ineligible or in violation of these Official Rules, Sponsor reserves the right at its sole discretion to select an alternate Prizewinner, even if the disqualified potential Prizewinner’s name may have been shown or announced on the Website or elsewhere.
Each Entrant agrees that all issues, disputes and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Entrant or the Sweepstakes Entities in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of California. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules or the breach of any term hereof cannot be otherwise resolved, it must be submitted exclusively to binding arbitration conducted in the county of Los Angeles and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. The remedy for any claim shall be limited to actual out-of-pocket expenses (if any), not to exceed two hundred and fifty dollars (US$250), and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief, and Entrant further waives all rights to have damages multiplied or increased. Notwithstanding the above, each Entrant agrees that any disputes, claims and causes of action arising out of or connected with this Sweepstakes or the Prize awarded or the determination of the Prizewinner shall be resolved individually, without resort to any form of class action.
OFFICIAL RULES AND WINNERS LIST:
For the name of the Prizewinner or a copy of the Official Rules, available after October 5, 2018, send a self-addressed, stamped envelope, to be received by October 26, 2018, to DC Universe Presents the Ultimate Batman Studio Tour Sweepstakes, c/o Entergrate, 8545 W. Warm Springs Road, #A4-321, Las Vegas, NV 89113.
*Minors under age eighteen (18) must be accompanied by an adult eighteen (18) years of age or older, and children under thirteen (13) are not permitted. A form of legal photo identification is required to be shown during check-in.
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