Re: Pending ++ The Monster Energy Core Sweepstakes
GENERAL CONDITIONS:
By participating, Participants accept and agree to bebound by these Official Rules and the decisions of the Sponsor, which shall befinal and binding in all matters. Released Parties are not responsible for lost,late, incomplete, inaccurate, garbled, stolen, misdirected or undelivered entriesor game plays, or emails or other errors or difficulties of any kind whetherhuman, technical, electronic, mechanical, network, seeding, computer,typographical, printing or otherwise relating to or in connection with thePromotion, including, without limitation, errors or difficulties which may occur inconnection with the administration of the Promotion, the processing of prizeredemptions, emails, entries, game plays, the announcement of the winners, orin any Promotion-related materials. Released Parties are also not responsiblefor any incorrect or inaccurate information, whether caused by Promotion websiteusers, tampering, hacking, or by any equipment or programming associated withor utilized in the Promotion. Released Parties are not responsible for injury ordamage to Participant’s or to any other person's computer related to or resultingfrom participating in this Promotion or downloading materials from or use of thePromotion’s website(s). Persons who tamper with or abuse any aspect of thePromotion or who are in violation of these Official Rules, as solely determined bythe Sponsor, will be disqualified and all associated entries or game plays will bevoid. Should any portion of the Promotion be, in the Sponsor’s sole opinion,compromised by non-authorized human intervention or other causes which, inthe sole opinion of the Sponsor, corrupt or impair the administration, security,fairness or proper play or submission of entries or game plays, the Sponsorreserves the right at its sole discretion to suspend, modify or terminate thePromotion. If terminated, at its discretion, the Sponsor reserves the right to selectthe potential winner from all eligible, non-suspect prize claims received prior toaction taken or as otherwise deemed fair and appropriate by the Sponsor. In noevent will the Released Parties be liable for more than the stated number ofPrizes in these Official Rules.
CAUTION: ANY ATTEMPT BY AN INDIVIDUALTO DELIBERATELY DAMAGE ANY OF THE SITES OR UNDERMINE THELEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OFCRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUALAND SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCHINDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Participants, byparticipating, agree that the Sponsor, the Administrator, and each of theirrespective parents, affiliates, subsidiaries and advertising and promotionagencies and promotional partners and all of their respective officers, directors,employees, shareholders, representatives and agents (collectively, “ReleasedParties”) will have no liability whatsoever for, and shall be held harmless byParticipants against, any liability, for any injuries, losses or damages of any kind,including death, to persons, or property resulting in whole or in part, directly orindirectly, from acceptance, possession, misuse or use of a prize (including anytravel or activity related thereto) or participation in this Promotion. Each prize isoffered and provided “as is” with no warranty or guarantee by the Sponsor, eitherexpress or implied. Any and all warranties and/or guarantees on the prizes (ifany) are subject to the manufacturer’s terms therefore, and winner agrees to looksolely to such manufacturer(s) for any such warranty and/or guarantee. Byparticipating in the Promotion, each prize winner acknowledges that theReleased Parties have not and will not obtain or provide insurance of any kindrelating to the prizes. The Administrator or its parents, affiliates, and subsidiariesare not a sponsor or co-sponsor of this Promotion. Each winner, by acceptanceof a prize, except where legally prohibited, grants permission for the Sponsor andits designees to use his/her name, address (city and state), photograph, voiceand/or other likeness and prize information for advertising, trade and Promotionalpurposes without further compensation, in all media now known or hereafterdiscovered, worldwide in perpetuity, without notice or review or approval. In caseof dispute as to the identity of any participant, entry will be declared made by theauthorized account holder of the email address submitted at time of entry and he/she must comply with these Official Rules. “Authorized Account Holder” isdefined as the natural person who is assigned an email address by an Internetaccess provider, online service provider, or other organization (e.g., business,educational, institution, etc.) responsible for assigning email addresses or thedomain associated with the submitted email address.
INDEMNITY:
Participants agree to indemnify, defend, and hold harmless theReleased Parties from any and all liability arising out of or relating in any way toParticipant’s participation in the Promotion and to release all rights to bring anyclaim, action or proceeding against the Released Parties arising out ofparticipation in the Promotion, use of the Promotion’s website(s), or receipt oruse of any prize, including but not limited to: (a) unauthorized humanintervention in the Promotion; (b) technical errors related to computers, servers,providers, or telephone, or network lines; (c) printing errors; (d) lost, late,postage-due, misdirected or undeliverable mail; (e) errors in the administration ofthe Promotion or the processing of entries; or (f) injury or damage to persons orproperty (including to any computer systems resulting from participation in oraccessing or downloading information in connection with the Promotion), whichmay be caused, directly or indirectly, in whole or in part, from Participant’sparticipation in the Promotion or receipt or use of any prize. Participants assumeall liability for an injury or damage caused, or claimed to be caused, byparticipation in this Promotion, the use of any Promotion website(s), or theacceptance, receipt, or use of any prize or prize component. Participants furtheragree that in any cause of action, the Released Parties’ liability will be limited tothe cost of entering and participating in the Promotion, and in no event shall theReleased Parties be liable for attorney’s fees.
BINDING ARBITRATION:
Except where prohibited by law, Promotionalparticipants agree: (1) any dispute, controversy or claim arising out of or relatingto the Sweepstakes or any prize awarded shall be resolved individually,WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute,controversy or claim arising out of or relating to the Promotion or any prizeawarded shall be resolved by binding arbitration conducted by JAMS inaccordance with JAMS Comprehensive Arbitration Rules and Procedures (the“JAMS Rules”); (3) any arbitration shall be heard by one arbitrator to be selectedin accordance with the JAMS Rules, in Orange County, California; (4) judgmentupon any award rendered may be entered in any court having jurisdiction thereof;and (5) any award or judgment shall be subject to all limitations and releases setforth in these Official Rules and be limited to actual out of pocket damages, andshall not, in any event, include any punitive, exemplary, consequential orincidental damages, attorneys’ fees or costs of bringing a claim, or any injunctiveor other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THELIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
CHOICE OF LAW:
All federal, state and local laws and regulations apply. Voidwhere prohibited by law. All issues and questions concerning the construction,validity, interpretation and enforceability of these Official Rules, or the rights andobligations of any Promotion participant and the Sponsor in connection with thePromotion, shall be governed by, and construed in accordance with, Californialaw without giving effect to any choice of law or conflict of laws rules (whether ofCalifornia or any other jurisdiction), which would cause the application of the lawsof any jurisdiction other than California.
WINNER’S NAME:
For the name of the Promotion Winners (available afterJanuary 24, 2020), send a self-addressed stamped envelope to: Monster CorePromotion PO Box 90130, Nashville, TN 37209 for Sponsor's receipt no laterthan March 13, 2020.
SPONSOR:
Monster Energy Company, 1 Monster Way, Corona, Ca. 92879
ADMINISTRATOR:
Fandango Loyalty Solutions, LLC, 407 N. Maple Drive, Suite 300, Beverly Hills, Ca. 90210.
