AfterShock Comics “Killer Groove Giveaway”
Terms & Conditions
Win an Epiphone DR-100 Acoustic Guitar Signed by KILLER GROOVE creators Ollie Masters and Eoin Marron!
For automatic entry, just go to https://www.AfterShockComics.com/KillerGrooveGiveaway and VOTE for your favorite KILLER GROOVE Comic Shop Display. Every vote is an entry into the sweepstakes drawing to be held June 30, 2019. (United States)
To enter without voting, see TO ENTER WITHOUT VOTING below.
- NO PURCHASE NECESSARYTO ENTER SWEEPSTAKES OR WIN A PRIZE. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ADVANTAGE TO BUYERS IN A SWEEPSTAKES.
- Entry Period: The AfterShock Comics “Killer Groove Giveaway” (the “Promotion”) commences at 12:00:01 AM (EDT) on May 19, 2019 and ends at 11:59:59 PM (EDT) on June 30, 2019. All entries must be received by 11:59:59 (EDT) on June 30, 2019 (“Deadline”). AfterShock Comics, LLC (hereinafter referred to as “Sponsor”), at its own discretion, may extend the period of time for the submittal of entries. Any extension of time for the submittal of entries will be posted on the Promotion webpage at https://www.AfterShockComics.com/KillerGrooveGiveawayRules
- Eligibility: The Promotion is open to all legal residents of the United States, the District of Columbia and Canada, except where prohibited, who are above the age of 18 years old or the age of majority in the jurisdiction of residence at the time of entry, whichever is greater (“Entrant”). Employees of Sponsor or their immediate families, or anyone whom has won an AfterShock sponsored Promotion in the preceding 12 months are not eligible to be entered into the Promotion. Owners and employees of participating comic shops or their immediate families whom have entered the Killer Groove Display Contest are not eligible to be entered into the Promotion. Immediate family includes parents, spouse, children, siblings, grandparents, step-parents, step-children, and step-siblings. By participating in the Promotion, Entrants agree to be bound by these Official Promotion Rules, release Sponsor and any affiliates against all claims, injuries, or damage arising out of any participation in these Promotion and redemption of the prize, and acknowledge compliance with these Official Promotion Rules.
- Promotion Overview and Prize Information: One (1) Potential Winner (“Winner”) will be chosen by Sponsor on July 1, 2019 at 02:00:00 PM EDT. The Winner will receive one (1) Epiphone DR-100 Acoustic Guitar signed by Killer Groove series creators Ollie Masters and Eoin Marron. The Potential Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be received by Sponsor within ten (10) days after the Release is emailed to Potential Winner. If any Potential Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such Potential Winner, such Potential Winner may be disqualified, and an alternate may be selected. A Potential Winner is not a confirmed Winner until he or she has retuned all required documentation and his/her eligibility has been verified by Sponsor. Non-compliance shall result in disqualification and award of the prize to an alternate Winner.
No substitution or transfer of prize will be accepted without Sponsor’s approval or where required by law. Sponsor may reward alternate prize of equal or greater value if the main components of prize become unavailable. Prize is not redeemable for cash. Winner will receive an IRS 1099 form reflecting the fair market value of the prize. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.).
Total estimated retail value of each prize:
Epiphone DR-100 Acoustic Guitar: $139.00
Odds of winning depend on total number of eligible entrants received during the Promotion period.
- How to Enter: To enter the AfterShock Comics “Killer Groove Giveaway” Promotion online, Entrants will be required to enter through the entry form on AfterShockComics.com/KillerGrooveGiveaway and VOTE for one of the in-store comic shop displays depicted there. Follow the on-screen instructions to complete and thereafter transmit the official online entry form, which includes: your full, legal name, address, and valid e-mail address. Entrant must be the registered subscriber of the email account from which the entry is made. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
Entries may only be submitted by a single Entrant. Group Entries will not be accepted. Only one (1) individual may be considered to have produced and submitted the Entry. Only one (1) e-mail account per Entrant will be eligible to win. Any Entrant found to use multiple accounts will be disqualified. Subsequent attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion, at Sponsor’s sole and absolute discretion. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Each entry submitted in this Promotion is referred to as an “Entry”.
In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any damage made to the Web Site will be the responsibility of the registered account holder of the e-mail address submitted at the time of entry.
- To Enter Without Voting : Entrants are not required to vote among the depicted in-store displays at AfterShockComics.com/KillerGrooveGiveaway in order to enter the sweepstakes. Entrants not desiring to vote electronically may hand print their full name, street address, (no P.O. Boxes), day/evening/cellular phone number (if any), email address, and date of birth on a 3″ x 5″ piece of paper and mail it in an envelope with proper postage to “Killer Groove Giveaway – Sweeps Entry,” c/o Bonfire Agency, LLC, 315 West 36th Street, New York, NY 10018.
- Determination of Winner: Random drawing from all eligible entries received in accordance with these Official Rules will be conducted approximately on or about July 1, 2019. One (1) Winner will be chosen by random drawing from all eligible entries received. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
Winner will be notified by email on or before July 1, 2019 at 2:00 PM EDT. Prize shall be shipped to Winner from Sponsor at Sponsor’s expense. All entries must be received by the Deadline to be eligible to win a prize.
Sponsor will make two (2) attempts to notify the potential Winner. Winner must respond within 24 hours of drawing or the prizewinner will be disqualified, the prize will be forfeited, and an alternate potential winner may be selected at random.
The Winner is solely responsible for all federal, state, and local taxes and other costs pertaining to the awarded prize.
If Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the Winner declines prize for any reason prior to award, such Winner may be disqualified and an alternate Winner may be selected.
- Technical Limitation of Liability: To the extent permitted by applicable law, neither Sponsor nor any of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with this Promotion nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Promotion Site or other sites, for problems uploading any Entries or downloading any Promotion-related materials from the Promotion Site, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Promotion.
By entering their name into the Promotion, Entrants agree to be bound by these Official Promotion Rules and to release and hold harmless Sponsor and its respective subsidiary or affiliated companies from and against any and all claims or actions of any kind, whether under contract, tort, or any other legal theory, and agree to indemnify Sponsor against any liability or expense arising in connection with the foregoing. Sponsor reserves the right to cancel, suspend or modify the Promotion or any part of it, within its sole discretion.
Except where prohibited by law, by entering the Promotion, Entrants also authorize Sponsor to use their voice, likeness, photograph, video, biographical data, and city and state of residence, submission/entry and written or oral statements in promotional material without compensation. Entrant shall have no right of approval, no claim to compensation, and no claim (including without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alternation, or use in composite form of your name, picture likeness, address (city and state) email address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all Entrants in the Promotion, including those Entrants who are selected as Winner and those Entrants who are not selected as Winner. Sponsor is under no obligation to use the winning Entries for any purpose.
- Privacy. As a condition of entering the Promotion, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. The personal information you submit will only be used to contact you in the event you win the Promotion or if there is a question or issue regarding your entry. We will not disclose, give, sell or transfer any personal information about you, unless required for law enforcement or by statute.
- Request for Winners: For the name of the Winner and/or Official Promotion Rules, please send a self-addressed stamped envelope to:
AfterShock Comics, LLC
Attn: Killer Groove Giveaway
315 West 36th Street
New York, NY 10018
All requests for Official Promotion Rules must be made by July 1, 2025. The Winners list will be available until July 1, 2025. Residents of WA and VT may omit return postage.
- Sponsor: The “Killer Groove Giveaway” Promotion is sponsored by AfterShock Comics, LLC, 15300 Ventura Boulevard, Suite 507, Sherman Oaks, California 91403 USA.
- Disputes: Except where prohibited, Entrant agrees that; (1) any dispute regarding this Promotion shall be resolved individually, without resort to a class action, and exclusively in California; (2) any claims, awards, judgments shall be limited to actual out of pocket costs incurred, but in no event, attorneys’ fees; and (3) Entrant waives any punitive, incidental or consequential damages. The rules hereunder shall be interpreted under the laws of California, USA.
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will 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 enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Web Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
AfterShock Comics “Killer Groove” Retailer Display Contest Official Entry Form
Date ___________________________________________________
Store Name _____________________________________________
Store Address ___________________________________________
Business Phone ___________________________________________
Contact Name _____________________________________________
E-mail Address ______________________________________________
JUST FOLLOW THESE SIMPLE RULES:
- Create an in-store display and/or promotion in support of the May 26th launch of “Killer Groove #1” from AfterShock Comics
- Display must be an actual display created in-store and in continual use within the promotional window (5/19/19 – 6/5/19)
- Complete the entry form and submit at least one (1) digital photo via e-mail or post
SUBMIT TO:
KillerGrooveDisplay@BonfireAgency.com
OR
Killer Groove Retailer Display Contest, c/o Bonfire Agency, 315 West 36th Street, New York, New York 10018
Submissions must be sent electronically or postmarked by 6/5/19 to be eligible.
SHORT RULES:
RETAILER DISPLAY CONTEST open only to comic book retailers and hobby specialty shops in North America serviced by Diamond Comic Distributors, Inc. To participate, retailers must submit photos of their in-store displays and/or promotional activities supporting the May 26, 2019 launch of KILLER GROOVE #1 to KillerGrooveDisplay@bonfireagency.com. The best display in the sole opinion of the contest judges will be selected and promoted as contest winner. Submission deadline: June 5, 2019. This is an offer of AfterShock Comics, LLC.
FULL RULES
AfterShock Comics “Killer Groove” Retailer Display Contest
TRADE ONLY – OFFICIAL RULES
AFFIDAVIT OF ELIGBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE DOCUMENTS MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: “The AfterShock Comics ‘Killer Groove’ Retailer Display Contest” (“Contest”) is sponsored by AfterShock Comics, LLC. (“AfterShock” or “Sponsor”). The Contest is open only to comic book retailers and hobby specialty shops in North America serviced by Diamond Comic Distributors, Inc. (“Diamond”), with employees age 18 years of age or older at the time of entry. By entering or participating in the Contest entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to the Contest, including without limitation, interpretation of the Official Rules. Any determinations of eligibility will be made by Sponsor whose decisions are final. Employees, officers and directors of Sponsor, its affiliates, subsidiaries, distribution agents and their affiliates and subsidiaries, advertising and promotion agencies, electronic media firm and their immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) and those living in the same household (whether related or not) of such employees, officers and directors are not eligible. All federal, state, provincial and local laws and regulations apply. Void where prohibited by law or internal business or company policy.
- TO ENTER: Via E-MAIL (“Online Entries”): Electronically follow the instructions found on the Official Entry Form and submit your Online Entry as directed by 11:59:59 PM EDT on JUNE 5, 2019. Entrants will be required to provide their complete contact name, business name and address, phone number and a valid e-mail address. To be eligible for a prize, entrants will be required to submit their Online Entry to: KillerGrooveDisplay@bonfireagency.com and attach a high-resolution photo (300-1200 dpi/1600×1200 resolution) along with Entry Form. Limit one entry per business name/address. TO ENTER: Via POSTAL MAIL (“Postal Entries”): You must send the Entry Form along with either disk/CD containing the high-resolution photo (300-1200 dpi/1600×1200 resolution) or a physical photograph along with the negative to: Killer Groove Retailer Display Contest, c/o Bonfire Agency, 315 West 36th Street, New York, New York 10018. Postal Entries must be received postmarked by JUNE 5, 2010. Limit one entry per business name and address. Your entry constitutes your consent to participate in this Contest and your consent for Sponsor to obtain and deliver your name, address and other information to Bonfire Agency, LLC for the purpose of administering this Contest and for other uses by Sponsor as permitted by applicable law. Sponsor is not responsible for lost, late, incomplete, misaddressed or otherwise misdirected entries that are processed late or incorrectly or are lost due to computer or electronic malfunction or other error.
A submission may in Sponsor’s sole and absolute discretion be rejected if it fails to follow the technical, creative, and legal requirements disclosed in these Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All entries become the physical property of Sponsor and will not be acknowledged or returned.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail account from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant.
- WINNER SELECTION: One (1) Winner will be selected from all eligible entries received. The judging will be conducted on or about June 20, 2019 by representatives of AfterShock Comics, LLC, and Bonfire Agency, LLC, an independent judging organization whose decisions on all matters relating to this Contest are final and binding in all respects pertaining to this Contest. Odds of winning depend on the number of eligible entries received.
4.PRIZE and Approximate Retail Value (“ARV”): One (1) prize consisting of the following: One (1) Epiphone Les Paul Special VE Electric Guitar. Winner is solely responsible for any and all costs, other than those specifically stated in these Official Rules, that may be incurred or arise as a result of being awarded a prize. Such costs may include, but are not limited to all federal, state, local or other government taxes and fees. Prize is non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with their prize, the Sponsor may elect to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. Unclaimed prize will be forfeited. The total ARV prize awarded in this Contest is $149 (USD) .
5.CONDITIONS: Winner will be notified by e-mail or mail and will be required to complete an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), which must be returned within fourteen (14) days of the date on the notification or an alternate winner will be selected. Notification is deemed to have occurred immediately upon sending of e-mail, one (1) day after sending via a delivery service or two (2) days after mailing. The Affidavit will ask for confirmation of the winning retailer’s approval to accept the prize. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contract a potential Winner, or a potential Winner is not in compliance with these Official Rules, prize will be forfeited and at Sponsor’s discretion an alternate winner selected. Any prize notification or prize returned as undeliverable will be awarded to an alternate. Prize can be substituted at the sole discretion of the Sponsor. Prize will be allocated at the sole discretion of the Sponsor. Prize is not transferable or redeemable for cash. Taxes are the winner’s responsibility. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. Prize acceptance constitutes permission (except where prohibited) to use winner’s name and likeness, address (city and state), photograph, voice, prize information and/or biographical information and any statements made by entrant regarding the Contest or the Sponsor for publicity, trade, advertising or promotion purposes at any time or times, worldwide and on the World Wide Web, without additional compensation, notice, review or approval. By participating, entrant agrees (a) to these Official Rules and the decisions of the Sponsor and judges which shall be final in all respects; and (b) to release and hold harmless Sponsor, its affiliates, subsidiaries, distribution agents and their affiliates and subsidiaries, advertising and promotion agencies, and each of their respective parent companies, subsidiaries, affiliates, representatives, agents, successors, assigns, employees, officers and directors (collectively “Releasees”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death that may occur in connection with, preparation for, or participation in the Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity, and including, without limitation, personal injury, death and property damage. Releasees are not responsible for lost, late, misdirected, damaged, incomplete, illegible or postage-due entries or Internet technical, hardware, software, telephone, or transmission failures of any kind, which may limit a person’s ability to enter the Contest. Releasees are not responsible for any injury or damage to entrants’ or any other person’s computer related to or resulting from entering or downloading any materials in the Contest. Sponsor reserves the right to cancel or suspend advertising the Contest on the Internet should a computer virus, unauthorized intervention or other cause corrupt the integrity or proper conduct of the Contest. Sponsor reserves the right to disqualify any entrant found to be disrupting the operation of the Contest or its web site. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or website. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL NOTIFY THE APPROPRIATE STATE AND/OR FEDERAL AUTHORITIES OF SUCH ATTEMPTS. Submission of any digital computer materials containing malicious computer code, viruses, bugs, worms or any other intentionally destructive or harmful computer materials is also a violation of the law and in addition to automatically disqualifying the entrant, will be subject to any prosecution or claim the Sponsor determines is warranted.
5.. GOVERNING LAW / LIMITATION OF LIABILITY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal 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 any other state’s laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTES / ARBITRATION. 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 Contest 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); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. 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. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest).
7.WINNER LIST. For a list of winners, send a self-addressed stamped envelope to: “‘Killer Groove’ Retailer Display Contest” Winners List, 315 West 36th Street, New York, NY 10018 USA, within sixty (60) days of expiration of the Entry Period,.
8.SPONSOR: AfterShock Comics, LLC., 15300 Ventura Boulevard, Suite 507, Sherman Oaks, California 91403 USA.
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