Cinematic: RED Hydrogen One Phone Giveaway Terms and Conditions
By participation, you hereby agree that:
1. Eligibility: RED Hydrogen Phone Giveaway Terms and Conditions (the “Event”) is open to participants worldwide, but is void where prohibited by law. (“the Participant”). Pond5 and RED Digital Cinema, LLC, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, and each of their respective officers, directors, and employees ( all the foregoing, collectively, the “Promotion Parties”), are ineligible to enter this Event or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
2. Method of Participation: To participate, the Participant will need to follow @pond5official, @reddigitalcinema, and @red.hydrogen on Instagram, upload a totally original video or photo created solely by you to your IG account using the theme “Cinematic” – whatever that means to you, tag three friends and add #Pond5RED.
3. Event Period: Entries will be accepted on November 26, 2018, and ending December 19, 2018.
4. Prize: One RED Hydrogen One. (Verifiable Retail Value: $1295).
5. If a participant enters multiple times, only the first entry will be considered.
6. Winner selection and notification: Winners of the Event will be selected by a committee of RED Digital Cinema, LLC and Pond5 employees on December 19, 2018, in their sole discretion. Winners will be notified via Email or Instagram Direct Message, on December 21, 2018, EST. Winners have until January 31, 2019, to claim the prize. The Prize will be shipped to the address designated by the Winner in writing. Any prizes are non-transferable.
7. You must make sure that you have the full legal right to include and depict any person, likeness, music, sound effects, copyrighted work or trademark included or depicted in your submission and that your submission was created and provided in accordance with all applicable laws.
8. By entering into this content, You will be representing and warranting that all information that you submit is accurate, complete and not misleading, you have the rights and authority to submit any material and information submitted or uploaded as part of your submission under these terms and you agree to hold Pond5, Red Digital Cinema, LLC or any other Promotion Parties from any claim, action, cost, expense or liability related to or arising from a claim to the contrary. You agree to defend, indemnify and hold the Promotion Parties harmless from all claims of third parties related to your submitted video or photo.
9. Participants grant to Promotion Parties the promotional rights to use your submitted video or photo, including name/likeness, and excerpts thereof chosen by Promotion Parties on the Promotion Parties’ websites, in press releases, at Promotion Parties’ events, and on Promotion Parties’ social media outlets and social media.
10. Tax: All taxes, fees and surcharges on prizes are the sole responsibility of the winner, as are customs and duties if the winner resides outside the U.S. You will cooperate in providing necessary information for tax purposes. Failure to cooperate or pay any required tax will void your prize.
11. Sponsor: The Sponsor of the Event is Pond5, whose address is 251 Park Avenue South, New York, NY 10010.
12. Limitation of Liability: IN NO EVENT WILL POND5 OR RED DIGITAL CINEMA, LLC or any other Promotion Parties BE LIABLE TO THE PARTICIPANTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE PARTICIPANTS’ ACCESS TO OR USE OF, OR THE PARTICIPANT’S INABILITY TO ACCESS OR USE, THE EVENT, OR ANY PRIZES, DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE POND5 OR RED DIGITAL CINEMA, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
IF, FOR ANY REASON, THIS EVENT IS NOT CAPABLE OF RUNNING AS PLANNED FOR ANY REASONS, WHICH MAY INCLUDE WITHOUT LIMITATION, INFECTION BY COMPUTER VIRUS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES WHICH MAY CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THIS EVENT, THE SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THIS EVENT IN WHOLE OR IN PART. IN SUCH EVENT, SPONSOR SHALL IMMEDIATELY SUSPEND ALL DRAWINGS AND PRIZE AWARDS, AND SPONSOR RESERVES THE RIGHT TO AWARD ANY REMAINING PRIZES (UP TO THE TOTAL ODDS AS SET FORTH IN SECTION 7) IN A MANNER DEEMED FAIR AND EQUITABLE BY SPONSOR. SPONSOR SHALL NOT HAVE ANY FURTHER LIABILITY TO ANY PARTICIPANT IN CONNECTION WITH THIS EVENT.
EXCEPT AS PROHIBITED BY APPLICABLE LAW, DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY NEVADA LAW AND EXCLUSIVE JURISDICTION SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA. THE PARTIES CONSENT TO JURISDICTION IN LOS ANGELES, CALIFORNIA AND WAIVE ANY RIGHTS TO BRING AN ACTION ELSEWHERE.