OFFICIAL RULES
The Hawaiian Tropic "Tropic Thunder" Movie
Ticket Instant Win Game
NO PURCHASE NECESSARY
ELIGIBILITY:
Only legal residents of the fifty (50) United States and the District of
Columbia who are eighteen (18) years of age or older are eligible to
participate. Officers, directors
and employees of Sponsor, Hawaiian Tropic¨, Tanning Research Labs, Inc,
Energizer Holdings, Inc., TPG Rewards, Inc., and
their parent, subsidiary, and affiliated companies, distributors, sales
representatives, retail accounts, advertising and promotion agencies
(collectively, the ÒPromotion EntitiesÓ), and each of their immediate
family members and/or those living in the same household of each, are
ineligible to participate in the Promotion or receive an e-Movie Cashª Ticket.
If due to a printing, production, typographical, human, programming or other error, more prize notifications are sent or more prizes are claimed than the number of prizes set forth in these Official Rules, the prizes (or the remaining prizes, as the case may be) will be awarded in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. In no event will more than the advertised number of prizes will be awarded.
PRIZES/APPROXIMATE RETAIL VALUE/ODDS: UNCLAIMED/UNREDEEMED PRIZES WILL NOT BE AWARDED.
EXCEPT FOR ANY REPRESENTATIONS SET FORTH ON THE e-MOVIE CASH TICKETS THEMSELVES, THIS PROMOTION AND THE E-MOVIE CASH TICKETS ARE BEING AWARDED ARE PROVIDED ÒAS ISÓ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winnerÕs permission for Sponsor to use winnerÕs name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (or if minors, their parents or legal guardians) agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Game or any Game-related activity, or from entrantsÕ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prizeÕs quality or fitness for a particular purpose. Sponsor assumes no responsibility for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Game, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. In the event Sponsor is prevented from awarding prizes or continuing with the Game as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within SponsorÕs control (each a ÒForce MajeureÓ event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Game. If the Game is terminated before the designated end date, Sponsor will (if possible) select winners of any remaining prizes in a random drawing from among all eligible registered Game participants as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GAME SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATEÕS LAWS.
ARBITRATION PROVISION. By participating in this Game, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Game, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the ÒForumÓ) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitratorÕs decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Game. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participantÕs and/or SponsorÕs individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
WINNER'S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Hawaiian Tropic¨ "Tropic Thunder" Movie Ticket Instant Win Game Winners List, [ADDRESS].
Motion Picture © 2008 DreamWorks LLC. All Rights Reserved.