MUST BE AT LEAST 18 YEARS OLD TO PARTICIPATE
This Promotion is subject to all applicable federal, state, and local laws, rules, and regulations. NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THE PROMOTION. MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE THE AMOUNT OF OR ANY CHANCES OF WINNING. THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.
ACCEPTANCE OF RULES. By participating this Promotion, you fully and unconditionally accept and agree to these Rules and all decisions made by Administrator, which are final and binding on all matters related to the Promotion.
ADMINISTRATOR AND SPONSOR. This Promotion is administered by Resignation Media, LLC (“Administrator”) and is sponsored by Netflix (collectively with Administrator, referred to as the “Promotion Entities”). This Promotion will be conducted under the supervision of Administrator.
ELIGIBILITY TO PARTICIPATE. This Promotion is only open to legal U.S. residents of the 50 United States and the District of Columbia, who are at least 18 years old as of the beginning of the Promotion Period (defined herein). By participating this Promotion, you represent that you are at least 18 years of age. Employees of the Promotion Entities and/or their respective parents, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, conducting, or development of this Promotion, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to participate.
PROMOTION OVERVIEW. users will submit via Facebook, Instagram, OR Twitter a photo of dave chappelle with the hashtag #chapelleparty. If a user posts a photo with the hashtag #ChappelleParty, administrator WILL DONATE $1 to the 501(c)3 charity “The Ellington Fund” (the “Recipient”), UP TO $5,000. BY PARTICIPATING IN THIS PROMOTION, YOU ARE NOT ENTERING TO WIN ANY PRIZE. THE SOLE PRIZE WILL BE A DONATION MADE to the Recipient.
TIMING. This Promotion is only open for entry as follows (the “Promotion Period”):
Promotion begins on: December 22, 2017 at 10AM CST.
Promotion ends on: January 12, 2018 at 1PM CST.
HOW TO PARTICIPATE. To participate in this Promotion, post a photo of a Dave Chappelle to Facebook, Instagram, or Twitter using the hashtag #ChappelleParty (each a “Post”). You may only Post ONE (1) time to each of your personal respective social media accounts (e.g. you may Post once to your Facebook account, once to your Instagram account, and once to your Twitter account). For each Post made by participants, Administrator will donate $1 to the 501(c)3 charity, The Ellington Fund, up to $5,000 (the “Donation”).
No more than the stated number of Donations will be awarded. The approximate retail value of the Donation is $5,000.
All PARTICIPANTS MUST MEET ALL ELIGIBILITY REQUIREMENTS AND COMPLY WITH THESE TERMS TO PARTICIPATE. PARTICIPANTS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR. ADMINISTRATOR HAS SOLE DISCRETION OVER VERIFICATION OF EACH PARTICIPANT, AND ALL ADMINISTRATOR’S DECISIONS WITH RESPECT THERETO ARE FINAL.
DONATION RESTRICTIONS. The Recipient will be a third-party beneficiary of the Donation. The Donation is non-transferable and has no cash redemption or substitution value, except that Administrator, in its discretion, reserves the right to change or replace the Donation at any time with one of greater or comparable value if any part of the Donation becomes unavailable for any reason. Administrator will not be responsible for or replace any lost or stolen Donations. To be awarded and claim the Donation, the Recipient must be ready, willing, and able to accept and claim the Donation.
THE DONATION IS AWARDED “AS IS.” ADMINISTRATOR DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE DONATION, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
CANCELLATION AND DISQUALIFICATION.
Cancellation of the Promotion. Administrator reserves the right to cancel, suspend, and/or modify the Promotion (or any part thereof), in its discretion, in the event of any of the following:
• Administrator has reason to believe there exists any tampering, fraud, delay, unauthorized intervention, cheating, technical failures, or any other factor, technical failures, or other causes that corrupt the administration, security, fairness, integrity, or proper functioning of the Promotion;
• Any participant fails to comply with these Rules or annoys, abuses, threatens, or harasses any other entrant or the Promotion Entities; or
• Administrator’s technical systems become otherwise impaired for any reason, in a manner that may affect the administration, security, fairness, integrity, or proper functioning of the Promotion;
• Any participant fails to comply with these Rules or any applicable law, rule, or regulation;
• Recipient is not ready, willing, or able to accept and claim the Donation, in accordance with these Rules, or Administrator is unable to deliver the Donation for any reason.
In the event of any of the foregoing, Administrator reserves the right to award or dispose of the Donation, as deemed fair and appropriate by Administrator, in its business judgment, including without limitation, selecting new Recipient.
ANY ATTEMPT BY ANY PERSON TO UNDERMINE OR TAMPER WITH THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, FOR WHICH ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LICENSE TO ENTRIES. You grant the Promotion Entities a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable, and transferrable right and license to use, modify, copy, publicly perform and display, exhibit, and otherwise exploit, in any and all media now known or later devised, all works of authorship, material, content, or other intellectual property submitted by you in connection with this Promotion (collectively, “Material”), and any products, services, advertising, and promotional material related to the Promotion, without any further compensation, consideration, notice to, or approval by, you.
REPRESENTATIONS AND WARRANTIES. You represent and warrant that:
• You are the owner or a valid licensee of all Material;
• You have full right, permission, and consent, without the necessity of obtaining the consent of any third party, to grant to Resignation all rights, licenses, and consents under these Rules; and
• The Material does not violate or infringe upon the rights of any third party.
THIRD PARTY TERMS. If entry into this Promotion requires you to make use of any third-party products or services, including without limitation, third party, apps, websites, social media platforms, or email service (collectively, “Third Party Services”), then by participating the Promotion, you agree to abide by the rules, policies, terms, and conditions governing the use of each of those Third-Party Services.
RELEASE. By PARTICIPATING this PROMOTION, you FOREVER RELEASE and hold harmless the PROMOTION Entities and their respective officers, directors, agents, representatives, and employees (collectively, “RELEASEES”) from and against any claims, liabilities, judgments, damages, loss, actions or cause of action, and costs (including reasonable attorney’S fees) (collectively, “Claims”) THAT YOU MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION. YOUR FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO YOU OR YOUR PROPERTY; (C) lost, late, misdirected, damaged, stolen, altered, garbled, fraudulent, incorrect, incomplete, or delayed entries; (D) receipt, use, or misuse of the DONATION; (E) errors or malfunctions of any equipment, computer, online systems, servers, providers, or computer hardware or software failures; (F) THIRD PARTY INTERVENTION INTO THE PROMOTION OR other technical or human errors or malfunctions of any kind; (G) USE OF THE WEBSITE ON WHICH THE PROMOTION IS CONDUCTED; AND (H) the cancellation, suspension, or modification of the PROMOTION.
LIMITATION OF LIABILITY. THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION. By participating in this Promotion, you indemnify, defend, and hold harmless the Promotion Entities from and against any all third party Claims related to your: (a) breach or violation of these Rules or of any representation, warranty, or provision contained herein or otherwise made in connection with the Promotion; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of any applicable law, rule, or regulation.
JURISDICTION. This Promotion and these Rules will be governed by the laws of the State of Texas, without regard to conflict of law principals. Any disputes arising from or relating to this Promotion, these Rules (including their construction, validity, and enforceability), the Donation, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Austin, Texas.
GAMBLING PROHIBITED. This Promotion is for entertainment purposes only and may not be used as or in connection with any form of gambling.
NO THIRD-PARTY ENDORSEMENT. This Promotion is not associated with or administered, sponsored, or endorsed by, any Third-Party Services, or any third party other than the Promotion Entities.
RULES; QUESTIONS. To receive a copy of these Rules, within 15 days after the end of the Promotion Period, send a self-addressed stamped envelope to: Resignation Media, LLC, attn. Promotion Rules, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The winner list will be mailed approximately 15 days after receipt of requests therefor. For any questions about this Promotion, contact the Administrator at the preceding address.