The New Girl Who’s That Fan Promotion Terms and Conditions
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: The New Girl Who’s That Fan Promotion (the “Promotion”) in connection with the television program entitled New Girl (“Program”) begins on or about April 8, 2018 at 9am Pacific Time (“PT”) and ends on April 10, 2018 at 11:59 pm PT. The Sponsor of this Promotion is Fox Broadcasting Company, 10201 West Pico Boulevard, Los Angeles, California 90064 (“Sponsor”). THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER.
CONSENT TO USE AVATAR/PROFILE PICTURE; NAME: Except where prohibited by law, submission of your Response for the Program is your irrevocable consent to the copy, reproduction, editing, exhibition and other use by FOX or its designee of your profile picture and/or avatar (“Profile Picture”), Name (as provided on your Twitter profile and/or as part of your Response), creation of the Giveaway featuring your Profile Picture and Name and to Tweet such Giveaway from FOX controlled Twitter accounts and handles (including but not limited to @NewGirlonFOX), Response, name and likeness on the Website, Twitter and in any and all media, now known or hereafter devised in connection with the applicable series and/or the Program, or any other FOX program throughout the world in perpetuity without additional consideration, consent or review. FOX shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Response for any purpose which FOX deems necessary or desirable, and each Participant irrevocably waives any and all so-called moral rights they may have therein. Upon request of FOX, Participant will provide any signed consent or release memorializing the above. By submitting a Response, Participants understand and acknowledge that the Response and any other communications Participant transmits in any manner and for any reason will not be treated as confidential or proprietary. Each Participant understands and acknowledges that FOX has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Participant also acknowledges that many ideas may be competitive with, similar or identical to the Response and/or each other in theme, idea, plot, format or other respects. Each Participant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of FOX’s (or its designee’s) use of any such similar or identical material. Each Participant acknowledges and agrees that FOX does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Response. FOX shall have no obligation (express or implied) to use any Response.
ELIGIBILITY / GIVEAWAY CONDITIONS: The Promotion is open only to legal residents of the fifty (50) United States and Washington, D.C., who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions). Each Entrant must be at least eighteen (18) years of age at the time of entry. Each Entrant must be the rightful owner (or have authorized use) of the Twitter account identified with the Entrant’s entry and the Profile Photo on such account. Profile Pictures must be of Entrant only and shall not include images of third parties. Profile Pictures and Responses must NOT contain subject matter which is, in the sole discretion of Sponsor, sexually explicit, obscene, pornographic, violent, (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing. Profile Pictures and Responses must NOT include any 3rd party trademarks, logos or slogans. Profile Pictures and Tweets may not contain any derogatory references to Sponsor, Program, Twitter, Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., and/or Twentieth Century Fox Film Corporation (“Released Parties”). All Giveaway details are at the sole discretion of Sponsor. If the Giveaway cannot be awarded due to circumstances beyond the control of Sponsor, a substitute item of equal or greater value may be awarded, in Sponsor’s sole discretion.
LIABILITY RELEASE: Sponsor has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Giveaway, including, without limitation, to such Giveaway’s availability, quality or fitness for a particular purpose. Entrant agrees to release the Released Parties and all entities involved in the production, sponsorship and/or promotion of the Giveaway or Sponsor’s programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and Giveaway suppliers and all entities involved in the production, sponsorship and/or promotion of the Giveaway, or any part thereof, including, without limitation, the producers of Sponsor’s programs; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of the Giveaway.
DISPUTES: This Promotion is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Promotion, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of any giveway item and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
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