By participating in the current Social Media Giveaway (“Promotion”) promoted by Museum of Illusions Charlotte (collectively the “MOI Charlotte Accounts” on Twitter, Facebook, Instagram, or Snapchat), you agree to these Social Media Giveaway Rules, which constitute a binding contract. Please read them carefully before participating. This contract includes indemnities to the released parties from you and limits your rights and remedies. The contract will refer to you as “you” or “Participant.”
The details and requirements for entry or participation in any Promotion shall be provided by the MOI Charlotte Account from time to time, at the discretion of the MOI Charlotte Accounts. Participants must follow the directions provided by the MOI Charlotte Accounts and be bound by these Official Social Media Giveaway Rules to be eligible to receive a prize in connection with any Promotion.
Participants must be at least 18 years of age (or the legal age of majority in their state) to participate in a Promotion. A Participant must be a follower of the Social Media Accounts announcing the Promotion to be eligible. Employees, officers, directors, representatives, and agents of any Released Parties (defined below) and each of their respective parents, subsidiaries, and affiliated companies and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. The MOI Charlotte Accounts will determine giveaway recipients at their sole discretion. If you have received a prize in connection with a Promotion in the last 30 days, you are not eligible. If a Promotion prize recipient is determined to be ineligible, the MOI Charlotte Accounts may, at their sole discretion, not give away the goods or may give the goods to the next eligible follower. You will be required to privately (via email or other secure, private means) provide your name, address, age, and other personal information necessary to receive the prize if you are selected as a Promotion prize recipient. Except for Winner Information (defined below), the MOI Charlotte Accounts will not keep or store your information or use it for any purpose other than sending your giveaway item(s) or providing you with information on receiving the item(s). Promotions are subject to all applicable federal, state, and local laws, rules, or regulations and these Official Social Media Giveaway Rules.
In consideration of being a Participant in the Promotion, and for other good and valuable consideration, the receipt of which you hereby acknowledge, you hereby confirm that any and all materials submitted by you in connection with the Promotion, including, without limitation, any photographs, are and/or were created for the MOI Charlotte Accounts and shall constitute “works made for hire” (as defined under the U.S. Copyright Act of 1976 and for the purpose of all other copyright laws throughout the world). The MOI Charlotte Accounts shall be considered the author thereof and shall own all rights (under copyright and otherwise) in and to any and all such materials throughout the universe, in perpetuity, with all rights to make such changes in, and such uses and exploitations thereof, for all media now known and hereafter devised, as the MOI Charlotte Accounts may determine in their sole discretion (including, without limitation, the right to refrain from doing so). If it is determined that any such materials do not qualify as “works made for hire,” then you hereby irrevocably assign, transfer, and convey such materials to the MOI Charlotte Accounts to the full extent as if they had so qualified.
Participants may not take actions that are negligent, injurious, or reckless in pursuit of any prize offered in connection with a Promotion. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused by their behaviour. Participants agree to indemnify, release, discharge, and hold harmless the Released Parties from and against any and all claims, liability, losses, damages, or injuries of any kind with respect thereto.
Each winner of a prize in a Promotion is solely responsible for all applicable federal, state, and local taxes (including income and withholding taxes on any prize), regardless of whether the prize, in whole or in part, is used. The ARV (Approximate Retail Value) of any prize is based on available information provided to the MOI Charlotte Accounts, and the value of any prize awarded to a Promotion winner may be reported for tax purposes as required by law.
By participating in a Promotion, you agree to (i) be bound by these Official Social Media Giveaway Rules, including all entry requirements provided at the time the Promotion is announced and/or promoted, and (ii) waive any and all claims against Museum of Illusions Charlotte and its affiliated entities and the directors, officers, employees, and agents, licensees, distributors, dealers, retailers, printers, representatives, and advertising and promotion agencies, and any and all other companies associated with the above entities (collectively, “Released Parties”) for any injury, damage, or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from the receipt or use of any Promotion prize (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s)).
Each winning Participant, by acceptance of the prize, grants to Museum of Illusions Charlotte and its designees the right to publicize his/her name, address (city and state of residence), photograph, voice, statements, and/or other likeness and prize information for advertising, promotional, and/or trade and/or any other purpose (“Winner Information”) in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission, or notification, unless prohibited by law. The releases hereunder apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Social Media Giveaway Rules or the rights and obligations of participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of North Carolina, 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 PARTICIPATING IN A PROMOTION, EACH PARTICIPANT 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 PROMOTION, 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 FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.
The invalidity or unenforceability of any provision of these Official Social Media Giveaway Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Social Media Giveaway Rules 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. Participants agree to waive any rights to claim ambiguity of these Official Social Media Giveaway Rules. 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 an applicable website and/or the terms and conditions of the Official Social Media Giveaway Rules, the Official Social Media Giveaway Rules shall prevail, govern, and control, and the discrepancy will be resolved at the MOI Charlotte Accounts' sole and absolute discretion. The MOI Charlotte Accounts reserve the right to modify these Official Social Media Giveaway Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. In the event that the Promotion is challenged by any legal or regulatory authority, the MOI Charlotte Accounts reserve the right to discontinue or modify the Promotion or to disqualify participants residing in the affected geographic areas. In such an event, the Released Parties shall have no liability to any participants who are disqualified due to such action.