DORA AND THE LOST CITY OF GOLD: WHAT’S IN MY BACKPACK SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

EACH WINNER WILL BE REQUIRED TO RESPOND TO NOTIFICATION FROM SPONSOR WITHIN 48 HOURS OF NOTIFICATION AND MAY THEREAFTER BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE DOCUMENTS OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.

 

BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A CLASS-ACTION WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”), FACEBOOK, INC (“FACEBOOK”), OR TWITTER, INC. (“TWITTER”).

 

PROGRAM DESCRIPTION AND TIMING: The Dora and the Lost City of Gold: What’s in My Backpack Sweepstakes (“Sweepstakes”) begins June 27, 2019 at 8:59 a.m. Pacific Time (“PT”) and ends August 9, 2019 at 8:59 a.m. PT (“Sweepstakes Period”). Following the conclusion of the Sweepstakes Period, twenty-five (25) winners will be randomly selected to receive a Dora prize pack (the “Prize Pack”), as further described below. The Sponsor of this Sweepstakes is Performance Entertainment USA, Inc., 21900 Burbank Blvd. Ste. 300, Woodland Hills, CA 91367 (“Sponsor”).

 

ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the forty-eight (48) contiguous United States (excluding Alaska and Hawaii) or the District of Columbia (“Territory”) who (a) are at least eighteen (18) years of age and the age of majority in their state or jurisdiction of residence as of the date of entry and (b) have an account with Instagram, Facebook, and/or Twitter (collectively, the “Social Media Platforms” or each a “Social Media Platform”).

 

Employees, officers, directors, members, managers, representatives and agents of Sponsor, Paramount Pictures Corporation, Gotera, Inc. d/b/a Productos Mama Lycha, Herschel Supply Co., and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, with Instagram, LLC, Facebook, Inc., and Twitter, Inc.,  the “Released Parties“), and their immediate families (defined as any spouse, domestic partner, parent, legal guardian, grandparent, sibling, child or legal ward, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of any such person are ineligible to participate or win a prize in this Sweepstakes. This Sweepstakes is void outside the Territory and where prohibited by law.

 

HOW TO ENTER: For purposes of this Sweepstakes, “Video” means the video content, as further described below, that is required to be uploaded by the Entrant to one of the Social Media Platforms in order to gain entry into the Sweepstakes; “Required Tags” means the hashtag #DoraMovieGiveaway and that must accompany the Video in an Entry Post, as further described below; and an “Entry Post” means a post made during the Sweepstakes Period from an entrant’s personal account on the applicable Social Media Platform that contains both the Video and the Required Tag(s), and otherwise complies with these Official Rules – all as set out below. The term “Entry Post” encompasses all materials and content included in such Entry Post at the direction of the Social Media Platform user.

 

During the Sweepstakes Period, eligible participants may enter the Sweepstakes via any one of the Social Media Platforms by completing the following requirements:

 

First, create a Video that is approximately sixty (60) seconds or less in length and features you describing what is in your backpack. Your Video must comply with the requirements of these Official Rules, including those set out in the “Submission Requirements” section below or you may, in Sponsor’s sole discretion, be disqualified. Be sure to review the Submission Requirements section closely before creating your Video, as it contains important limitations on what you can include in your Video and other Entry Post content, such as a requirement that you exclude any identifiable third-party logos/trademarks or products.

 

Once you have created your Video, submit your Entry Post on one of the three Social Media Platforms during the Sweepstakes Period as follows:

 

  • Facebook – Log into your personal Facebook account and go to the official Dora and the Lost City of Gold Facebook page, available at facebook.com/DoraMovie/. Then locate the Sweepstakes post that invites eligible people to enter the Sweepstakes and post a comment on that invitation post that includes your Video and the Required Tag(s).
  • Instagram – Log into your personal Instagram account and then create a single post containing the Video, and the Required Tag(s). To be entered into this Sweepstakes, your post must be made as a traditional Instagram post and not an Instagram Story or IGTV post. Instagram allowable video length is sixty (60) seconds maximum. Your account must be set to “public” to be eligible. You can return your account to “private” any time after the winner announcement for the sweepstakes.
  • Twitter – Log into your personal Twitter account and post a Tweet that includes your Video and the Required Tag(s). Your account must be set to “public” to be eligible. You can return your account to “private” any time after the winner announcement for the sweepstakes.

 

You may visit http://whatsinmybackpacksweeps.com for more details.

 

SUBMISSION REQUIREMENTS: All Entry Posts must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the Entry Post may be disqualified:

 

  • Your Video must be no longer than approximately sixty (60) seconds in length;
  • You may be the only natural person that appears or is featured or depicted or referenced in the Entry Post, including the Video.
  • Your Entry Post must have been created expressly for the purposes of entering this Sweepstakes. Your Entry Post may not have been previously published or entered into any other sweepstakes, contest, promotion, or competition.
  • Your Entry Post may include positive, non-disparaging, textual references to the Dora and the Lost City of Gold film (“Film”), the characters featured therein, and/or the talent appearing therein (“Paramount Content”), but not any trailer, film clip, image, music, or advertising material from or for the Film or nor any other content, materials, or product from other Dora the Explorer-branded properties. You may only use the Paramount Content for entry into this Sweepstakes and in accordance with these Official Rules and for no other purpose.
  • Other than Paramount Content, the Video and all other content included in your Entry Post must be original to you (or in the public domain) and may not infringe upon the rights of any third parties. No other person or entity may have rights to your Entry Post.
  • Except for Paramount Content, any third-party content appearing in your Video must appear in a non-infringing manner where that content is incidental, in the background, and not the focal point of any Video (all as determined by Sponsor in its sole discretion). Do not include any identifiable third-party logos, brands, products or trademarks in your Entry Post.
  • Your Entry Post must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity.
  • Entry Post must be entirely in the English language.
  • All Entry Posts must include the Required Tag: #DoraMovieGivaway, the inclusion of which indicates your agreement to these Official Rules.
  • All Entry Posts must comply with the terms, policies, guidelines, and technical specifications applicable to the Social Media Platform on which the Entry Post is made, including all size and resolution restrictions for uploaded content.
  • Your Entry Post must be suitable for viewing by the general public. No profanity, violence, nudity, or obscene material. Do not include any deceptive, disparaging, defamatory, harassing, or hateful material in your Entry Post or any virus or harmful code.
  • Your Entry Post cannot depict or encourage dangerous or illegal activities and must not in any way violate any federal, state, or local law, rule, or regulation.
  • You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Entry Post will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this Sweepstakes or grant the rights granted by you in these Official Rules. 
  • You agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Entry Post authorized pursuant to these Official Rules.

 

Sponsor reserves the right in its sole discretion to disqualify you from the Sweepstakes if your Entry Post – as determined by Sponsor in its sole discretion – (a) refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or communicates any message inconsistent with the positive reputation and image with which Sponsor wishes to associate itself; (b) does not comply with these Submission Requirements or any other requirement of these Official Rules; (c) omits or contains a technically incorrect Required Hashtag(s), or (d) fails to fully address any required prompt.

LIMIT ONE (1) ENTRY POST PER PERSON FOR THE ENTIRETY OF THE SWEEPSTAKES AND AMONGST ALL SOCIAL MEDIA PLATFORMS. Additionally, limit one (1) Entry Post per account on the applicable Social Media Platform. Subsequent attempts made by the same individual to submit entries in excess of the above-stated limit by submitting multiple Entry Posts by using multiple accounts on a single Social Media Platform, by using multiple Social Media Platforms, or by any other means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified.

 

Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. Normal Internet access and usage charges imposed by your Internet Service Provider may apply.

 

Entry Posts that are not both actually visible and timely received by Sponsor will not be entered into this Sweepstakes.  For purposes of this Sweepstakes, an Entry Post is “received” when the applicable Social Media Platform records your Entry Post and it is visible to Sponsor. Sponsor’s clock will be the official timekeeper for this Sweepstakes. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of your purported Entry Post on one of the Social Media Platforms) does not constitute proof of actual receipt of the entry for purposes of this Sweepstakes. Entrant’s Entry Post must remain visible to Sponsor throughout the award of the prizes in this Sweepstakes and Sponsor may, in its sole discretion, disqualify any entrant whose Entry Post is removed or otherwise made invisible to Sponsor prior to such time. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry Post using a search to find eligible entries. Sponsor may not be able to view purported Entry Posts, receive or send communications, or otherwise detect participation from or interact with entrants who have account settings within any of the Social Media Platforms that make their updates, comments, posts or communications private, protected, or otherwise limited due to the way the Social Media Platforms operates their services.  Sponsor may not be able to communicate with an entrant via some of the Social Media Platforms features if entrant does not “follow” Sponsor’s accounts on the Social Media Platforms. Entrants may discontinue following Sponsor or having an account on any of the Social Media Platforms at any time, but doing so may mean (a) for Twitter entrants, that the entrant is not eligible to participate in this Sweepstakes and may be disqualified and (b) for entrants on other Social Media Platforms, that Sponsor cannot receive or provide communications for purposes of administering this Sweepstakes (or that entrant must affirmatively accept such communications), which could result in entrant being disqualified and ineligible to win a prize. It is each entrant’s responsibility to set his or her account settings on the applicable Social Media Platform to ensure that any purported Entry Post is made publicly, to accept contacts by Sponsor, and to timely check his or her account for any comments, @replies, messages, direct posts, or other communications (as applicable) from Sponsor. Sponsor is not responsible for changes to any functionality or policy of the Social Media Platforms that may interfere with the Sweepstakes or ability of an entrant to timely enter or otherwise participate at all.

 

Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, incomplete, lost, late, misdirected, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means may be disqualified.  Entries or participation made by you on behalf of any other individual or any entity or group, made by another on your behalf, or originating at any online service other than one of the approved Social Media Platforms (including, without limitation, through a commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified for this Sweepstakes.  As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.

 

WINNER SELECTION/NOTIFICATION: Limit one (1) Prize Pack (as further detailed below) per person. Twenty-five (25) winners will be randomly selected at the conclusion of the Sweepstakes Period by Sponsor from among all eligible entries received.  The odds of winning a Prize Pack will depend on the total number of eligible entries received by Sponsor.

 

Sponsor will attempt to notify each potential winner on or around August 19, 2019, as follows, depending on through which Social Media Platform the potentially winning entry was received:

 

If the potentially winning Entry Post was entered via Facebook:  Sponsor will attempt to notify the potential winner via Facebook message, by posting notice on the official Dora and the Lost City of Gold Facebook page (www.facebook.com/DoraMovie/), by commenting on the potentially winning Entry Post, or any combination of the above. The potential winner must respond within forty-eight (48) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited.

 

If the potentially winning Entry Post was entered via Instagram: Sponsor will contact a potential winner via the @doramovie Instagram account using Instagram’s direct message feature.  The potential winner will be required to respond to Sponsor as instructed in the direct message within forty-eight (48) hours of initial notification.  Sponsor may, alternatively or in addition to a direct message, attempt to contact a potential winner by posting a comment on the Entry Post on Instagram instructing the potential winner to contact Sponsor as instructed in the comment and provide all requested information. Such potential winner must then respond to Sponsor’s comment as instructed within forty-eight (48) hours after the comment was posted. Entrants are encouraged to monitor their Instagram accounts for correspondence from Sponsor.  If an entrant is not a follower of the @doramovie account on Instagram, such entrant may have to affirmatively accept a direct message sent by Sponsor.

 

If the potentially winning Entry Post was entered via Twitter: Sponsor will attempt to notify the potential winner by direct message to the user account that posted the potentially winning Entry Post. The potential winner must respond within forty-eight (48) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited. Sponsor may, in addition to or instead of a direct message, post an @reply to the potential winner’s Twitter account informing him or her that (s)he may have won a prize and requesting that (s)he contact Sponsor as instructed. The potential winner will have to contact Sponsor through the specified method and in accordance with the specified deadline or (s)he may be disqualified.

 

The potential prize winners may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law), and tax documents (collectively, “Winner Documents”), within seven (7) days of issuance (or other time frame as specified in the Winner Documents) and in the form provided by Sponsor, without revision, or prize may be forfeited and an alternative winner may be selected. If any notification or other Sweepstakes-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternative winner may be selected (time permitting and in Sponsor’s sole discretion).  Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.  The prizes, if legitimately claimed, will be awarded.  Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any prize for any reason.

 

PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Subject to verification, twenty-five (25) winners will each receive a Prize Pack consisting of the following five (5) items:

(i) one (1) Herschel Daypack (ARV $39.95);

(ii) one (1) DORA AND THE LOST CITY OF GOLD t-shirt (ARV $9.45);

(iii) one (1) Mini Maglite® Pro LED Flashlight in Rose Gold (ARV $30.00);

(iv) one (1) package of Yambas Plantain Chips with Chili & Lime (ARV $2.99); and

(v) one (1) DORA AND THE LOST CITY OF GOLD yo-yo (ARV $1.20).

 

The total ARV of each Prize Pack is $83.59, and the total ARV of all prizes is $2,089.75

 

All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Winner may be issued a 1099 or other applicable tax forms for the actual value of his/her prize. No more than the stated prizes will be awarded. Sponsor will not replace any lost, mutilated, or stolen prize elements or any prize element that is undeliverable or does not reach winner because of an incorrect or changed address. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right to disqualify that person and select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced.  If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Winner waives the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. The prize will only be mailed to a confirmed Winner’s address within the Territory, unless Sponsor agrees otherwise in its sole discretion.

 

LICENSE: Each entrant, upon submission of any Entry Post in this Sweepstakes, hereby irrevocably grants to Sponsor, and each of its licensees, successors, and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry Post, in whole or in part (including the Video), for any purpose and in any manner or medium, now or hereafter known or devised, throughout the universe and in any and all languages (including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, and adapt the same, to combine it with other material, and otherwise use and exploit it) without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prizes to the winners in this Sweepstakes.  Sponsor, and each of its successors, assigns, and licensees, will have the right to make unlimited derivative works of Entry Post, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses.  Without limiting any of the foregoing, Sponsor will have the right to (i) use the Entry Post (and all images, video, text, and materials included or depicted therein) in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose and (ii) copy and repost Entry Post originally posted by entrant on one Social Media Platform on Sponsor’s own account or Page on any other social media platform in order to administer and promote the Sweepstakes.  Entrants hereby forever waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with his or her Entry Post. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of its use of the Entry Post pursuant to the rights granted to it under these Official Rules and is not obligated to use any Entry Post.

 

Each entrant acknowledges that Entrant Content is not being submitted in confidence or in trust to any Released Party and that no confidential or fiduciary relationship is intended or created. The Entry Post is not confidential and the Released Parties’ only obligations to entrants regarding the Entry Post are as specifically set forth in these Official Rules. Each entrant acknowledges that the Released Parties and other entrants may have created ideas and concepts contained in their Entry Post (or any materials unrelated to this Sweepstakes) that may have familiarities or similarities to his/her own Entry Post, and that he/she will not be entitled to any compensation or right to negotiate with any Released Parties because of these familiarities or similarities.  Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Entry Post and there is no obligation whatsoever for any Released Party to pay or otherwise compensate entrants for any of their ideas or materials in any communications with a Released Party. The Released Parties reserve the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entry Post in order to grant the applicable Released Party the rights required herein in a form acceptable to such Released Party.  Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITIES, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH: (i) THE SWEEPSTAKES; (ii) THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE; OR (iii) PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY.

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

ADDITIONAL DISCLAIMERS: The Released Parties are not liable to any entrant, or any person claiming through an entrant, for failure to supply any prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) proves to be invalid), equipment failure, actual or threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: entries that are submitted by illegitimate means; lost, late, incomplete, misdirected, stolen, garbled, incomprehensible, or illegible entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; address changes, or entries not received in accordance with these Official Rules; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; technical, hardware, or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic or other communications; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; technical or human error which may occur in the administration of the Sweepstakes or the processing or evaluation of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or from a winner’s receipt or use of any prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the applicable entrant’s sole remedy is to submit another entry in the Sweepstakes. Released Parties are not responsible for: (i) electronic communications that are undeliverable or do not timely reach an entrant as a result of any form of active or passive filtering of any kind, (ii) any incorrect contact information supplied by entrant, or (iii) insufficient space in an entrant’s email account to receive email messages. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of the Sweepstakes if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, and award the prizes from eligible, non-suspect entries (if any) received prior to cancellation, modification, or suspension, or as otherwise deemed fair and appropriate by Sponsor.  Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains a prize by fraudulent means, is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, or assists another in doing any of the preceding acts, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  Entrants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void an entry submitted by any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION/CHOICE OF LAW: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence) or (but only where required by the applicable arbitration rules) a location in/around entrant’s home town.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

GENERAL: By participating, and as a condition of participation, each entrant, to the extent permitted by applicable law, agrees: (1) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (2) that the decisions of the Sponsor are final and binding on all matters relating to the Sweepstakes, including interpretation of these Official Rules, selection of the winners, and awarding of the prizes; (3) to the use of his/her name, voice, likeness, biographical data and/or information contained in his/her Entry Post for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve such use); and (4) that in the event of any dispute between the entrant and any Released Party: (a) entrant will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys’ fees, other than his/her/its actual out-of-pocket expenses (if any), not to exceed ten dollars ($10 USD); and (b) entrant further waives all rights to have damages multiplied or otherwise increased. However, nothing in these Official Rules will restrict a California resident’s right (if any) to pursue public injunctive relief as permitted by applicable law and in accordance with the arbitration requirements above.

 

If any provision of these Official Rules is found unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Official Rules and will not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules (or within these Official Rules), it will be resolved by Sponsor in its sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNER LIST.

 

Any personal information collected from entrants by Sponsor in connection with this Sweepstakes will be used in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules, and with Sponsor’s privacy policy which can be accessed at

http://performance-entertainment.com/privacy/privacy-policy-usa.

 

 

RULES/WHO WON? A copy of these rules will be available at http://WhatsInMyBackpackSweeps.com during the Sweepstakes Period. A copy of these Official Rules and information about who won is also available by sending a self-addressed, stamped envelope indicating the name of the Sweepstakes (“Dora and the Lost City of Gold Sweepstakes”) and either “Rules” or “Who Won?” to Performance Entertainment USA, Inc., 21900 Burbank Blvd. Ste. 300 Woodland Hills, CA 91367. Rules requests must be received no later than the end of the Sweepstakes Period. Requests for winner information must be received no later than six (6) months after the end of the Sweepstakes Period. Only one (1) request per outer envelope, mailed separately, will be fulfilled.  Vermont residents may omit return postage for Official Rules requests.

 

PRIZE PROVIDER & REFERENCE TO THIRD-PARTY MARKS: Prizes provided courtesy of Paramount Pictures Corporation. The names, logos and icons of identifying products and services of Paramount Pictures Corporation are proprietary marks of Paramount Pictures Corporation and/or its licensors. Reference to any other third-party trademarks is for identification only and does not suggest any affiliation or connection with or endorsement by such third party.

 

SPONSOR: Performance Entertainment USA, Inc., 21900 Burbank Blvd. Ste. 300, Woodland Hills, CA 91367.