Under no circumstances, including negligence, shall CAIG and their affiliates are liable for any direct, indirect, incidental, special or consequential damages, including without limitation, property damage, personal injury and/or death, resulting from participation in the contest or acceptance, use or misuse of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the contest, (a) any and all disputes, claims and causes of action arising out of or in connection with the contest or any prizes awarded shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased, other than damages for actual out-of-pocket expenses.
Entrants hereby acknowledge that CAIG contest entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied (including, but not limited to warranties of any kind concerning the appearance, safety or performance of any prize), in fact, or in law, relative to any prize. Each winner shall bear all risk of loss or damage to their prize after it has been delivered to such winner via U.S. Mail, FedEx, United Parcel Service or any other shipping agent.
By entering and participating, entrant agrees to defend, indemnify and hold harmless CAIG and the contest entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the contest, and (ii) entrant’s acceptance, use or misuse of a prize, including, without limitation, any property loss, damage, personal injury or death caused to any person(s). Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this contest or use or redemption of a prize.
The contest and these Official Rules shall be construed and governed in accordance with the substantive laws of the state of California, as distinguished from the choice of law rules. By participating, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of CAIG in connection with the contest 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. By participating, entrants consent to the exclusive jurisdiction and venue of the federal, state and local courts located in San Diego.
YOUR ACCOUNT AND VOTING TERMS:
You may not vote on behalf of someone else. Videomakers and third parties may tell their customers, friends, and neighbors about the competition and direct them to our website.
Videomakers are responsible for complying with all applicable terms of each third-party platform, and all applicable laws, in connection with sharing information about its video. Neither video makers nor third parties retained by you may solicit or entice others to vote by offering any type of consideration including gifts, awards, bribes or inducements, including merchandise, cash, online currency, discounts, lottery or anything deemed to have value in exchange for votes, including donations to charity. Noncompliance may result in removal from the competition.
The count of eligible votes by CAIG shall be deemed final. CAIG reserves the right to eliminate or disregard any or all votes in excess of stated limits or otherwise not in accordance with the Official Rules or any instructions on the website, including any voting instructions.
CAIG is not responsible for, nor are they required to count, in their sole and absolute discretion, late, lost, misdirected, unlawful or illicit votes, votes cast for a videomaker later determined to be ineligible, votes cast in violation of the rules, votes achieved through automated means by using more than one account, using another person’s name or identity, or votes that are achieved through other fraudulent means, unsportsmanlike conduct or in a manner otherwise inconsistent with these contest rules. If you are caught cheating and you have an entry in a film and video contest, your entry will/may be deleted from the contest and not be eligible to receive a prize. Using vote-collecting websites including, but not limited to, getonlinevotes.com, votesforcontest.com, vapulsemedia.net, etc. is not allowed.
The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos, and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.
NOTE ABOUT MOBILE:
If you participate in the contest via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard messaging or data rates will apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carrier’s’ rate plans may vary, and you should contact your wireless carrier for more information about rate plans and charges relating to your participation in this contest. Internet and data may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.