NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A purchase will not increase your chances of winning. Void outside of the United States and where prohibited or restricted by law. Many will enter, few will win.
Sponsor: Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.
Administrator: Marden Kane, Inc., 575 Underhill Blvd. Suite 222, Syosset, NY 11791.
1.ELIGIBILITY. The “Where’s Gary? Getaway Instant Win Game and Sweepstakes” consists of an instant win game promotion and second chance sweepstakes (collectively, the “Promotion”) which is open only to individuals who are: (i) legal residents of one of the fifty (50) United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any other territory or possession of the United States, and (ii) at least eighteen (18) years of age or the age of majority in the jurisdiction in which he/she resides (nineteen  years of age in Alabama and Nebraska, twenty-one  years of age in Mississippi and Puerto Rico) at the time of entry (each a “Participant”, collectively the “Participants”). Employees, officers, directors and members of Sponsor, Administrator, Paramount Pictures Corporation, The Kraft Heinz Company, Pressman Toy Corp d/b/a Goliath, Star Brands North America, Inc., Alpha Group, LLC, Frankford Candy, LLC, Primary Colors Design Corp., Surprise Drinks US LLC, all Game Piece (as defined below) printers and over-wrappers, prize providers and any of their respective parent, affiliate and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, the “Promotion Entities”), and each of their respective officers, directors, licensors, employees, representatives and agents as well as their immediate family members (spouse, parents, step-parents, siblings, children, step children regardless where they reside) and members of their households (whether related or not) and those individuals who have won a prize in any Sponsor-related sweepstakes/promotion in the twelve (12) months prior to the start of the Entry Period are ineligible to participate in this Promotion. Participation in the Promotion constitutes your full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. By entering, you grant permission to be contacted by Administrator via mail, email or telephone in connection with the Promotion. Eligibility will be determined by Sponsor and Administrator in its/their sole discretion.
2.TIMING. The entry period for the Promotion begin sat 12:00:01 a.m. Eastern Time (“ET”) on April 20, 2020, and end sat 11:59:59 p.m. ET on July 3, 2020 (the “Entry Period”). For purposes of this Promotion, a “Day” is defined as a twenty-four-hour period commencing at 12:00:01 AM and ending at 11:59:59 PM. Sponsor’s computer is the official time-keeping device for the Promotion.
3.HOW TO ENTER. Participants may find a copy of these Official Rules during the Entry Period at www.wheresgarygetaway.com/rules-findgary. You may enter the Promotion in one of two ways:
4.VERIFICATION OF GAME POTENTIAL WINNERS. A Game Potential Winner is not deemed an official winner (“Official Winner”) until such Game Potential Winner’s eligibility has been verified by Sponsor and/or Administrator and Game Potential Winner has been notified that verification is complete. Game Potential Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements in these Official Rules. Sponsor’s and/or Administrator’s decisions are final and binding in all matters related to the Promotion. Neither Sponsor nor Administrator will accept photographs, screen shots or other evidence of winning in lieu of its validation process.
Each Game Potential Winner maybe required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (except where prohibited) (collectively an “Affidavit”) and any other legal documents that Sponsor and/or Administrator may require, including, but not limited to, a W-9 tax form, which must be received by Administrator within seven (7) business days of the date of issuance by Administrator of the Affidavit and other required legal documents. In addition to the Affidavit and other legal documentation, Game Potential Winner must also sign and return the original winning Game Piece. Only original official Game Pieces are eligible; no mechanically reproduced or photocopied Game Pieces will be eligible to win a Grand Prize. Any attempt to forge game materials or defraud in any way will be prosecuted to the fullest extent allowable by law. Sponsor not responsible for misdirected, late, lost, illegible, incomplete, damaged or postage due mail. Proof of mailing does not constitute proof of delivery/receipt. All claim materials become property of the Sponsor and will not be returned. If a Game Potential Winner cannot be contacted; fails to execute and return the Affidavit within the required time period; fails to provide the original winning Game Piece; if prize is returned as undeliverable; or if Game Potential Winner or Official Winner is found to be ineligible, does not comply with the Official Rules, or refuses his/her prize for any reason, such Game Potential Winner or Official Winner will forfeit the Grand Prize. All Grand Prize travelers must sign an Affidavit/Release prior to ticketing. In the event of a printing, production, technical or human error, or for any other reason, the number of winning Game Pieces distributed or received exceeds the number of prizes listed in these Official Rules; Sponsor reserves the right to conduct a random drawing from among all non-suspect, eligible prize claims received to award the listed number of prizes.
5.SECOND CHANCE SWEEPSTAKES. In the event that not all Grand Prizes in connection with the instant win game portion of the Promotion are redeemed by July 24, 2020, the Sponsor/Administrator will conduct a “Second Chance Sweepstakes” as needed in connection with the Promotion on or about July 27, 2020. As part of the Second Chance Sweepstakes, the Sponsor/Administrator will select the winner(s)of any remaining Grand Prize(s) for the Promotion in a random drawing from among all eligible entries received for the Second Chance Sweepstakes during the Entry Period (as noted in Section 2 above). To enter the Second Chance Sweepstakes for unclaimed Grand Prize(s), during the Entry Period, Participants must hand print their first and last name, street address, city, state, zip code, age, e-mail and phone number on a plain piece of 3”x5” paper and mail it in a #10 envelope with sufficient first-class postage affixed to: “Where’s Gary? Getaway Promotion–Second Chance Sweepstakes” c/o Marden Kane, Inc., P.O. Box 698, Syosset, NY 11791-0698. Limit one (1) entry per envelope per person/household during the Entry Period. Entries must be postmarked by July 3, 2020 and received by July 10, 2020.
Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt by any Participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, mailing addresses, phone numbers, or any other methods will void that Participant’s entries, and that Participant may be disqualified at Sponsor’s and/or Administrator’s discretion. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, illegible, unintelligible, garbled, delayed or misdirected entries. Once submitted, all entries become the exclusive property of Sponsor, and will not be acknowledged or returned. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Participant may be required to show proof of being the authorized account holder to the Sponsor in order for such Participant to be eligible to win. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Second Chance Sweepstakes potential winners (each a “Sweepstakes Potential Winner”, collectively, the “Sweepstakes Potential Winners”), if applicable, will be selected on or about July 27, 2020. The odds of winning a Grand Prize in the Second Chance Sweepstakes depend on the number of eligible entries received during the Entry Period for the Second Chance Sweepstakes and the number of Grand Prizes that have not been awarded in connection with instant win game portion of the Promotion. The Sweepstakes Potential Winners of the Second Chance Sweepstakes will be notified via email on or about July 28, 2020, and the Sweepstakes Potential Winners must respond to the email within seven (7) business days. Each Sweepstakes Potential Winner may be required to sign and return an Affidavit and other legal documents that Sponsor and/or Administrator may require, including, but not limited to, a W-9 tax form, which must be received by Sponsor within two (2) days of the date of winner notification. If a Sweepstakes Potential Winner of a Second Chance Sweepstakes cannot be contacted; fails to respond within the required time period; fails to execute and return the Affidavit within the required time period; prizeis returned as undeliverable; or if Sweepstakes Potential Winner or Official Winner is found to be ineligible, does not comply with the Official Rules, or if Sweepstakes Potential Winner refuses his/her prize for any reason, Sweepstakes Potential Winner forfeits the prize, and the Sponsor/Administrator will select an alternate winner from the available Second Chance Sweepstakes entries remaining for the Promotion. The Sponsor will continue to select alternate winners in the manner set forth above until all remaining Grand Prize(s) have been awarded. If Sponsor and/or Administrator are unable to determine and verify a Second Chance Sweepstakes Potential Winner after repeated alternate drawings or if Administrator fails to receive sufficient number of Second Chance Sweepstakes entries to correspond to the number of remaining un-awarded Grand Prize(s), Sponsor reserves the right to not award the remaining Grand Prize(s) and end the Promotion. All Second Chance Sweepstakes Grand Prize travelers must sign an Affidavit/Release prior to ticketing.
6.PRIZES(5). There will be five (5) grand prizes (each a “Grand Prize”, collectively the “Grand Prizes”) available to be awarded in the Promotion. The number of prizes available in the Promotion will diminish as each Grand Prize is awarded. No more than the listed number of Grand Prizes will be awarded. Each Grand Prize shall consist of a trip package for the Grand Prize winner (each a “Winner”, collectively the “Winners”) and up to three (3) guests, one (1) of whom must be an adult and the two (2) remaining guests must be children aged twelve (12) years or youngerat time of Grand Prize fulfillment (each a “Guest”, collectively the “Guests”) to Nickelodeon Hotels & Resorts Riviera Maya, Quintana Roo, Mexico. Any Guest who has not reached the age of majority in their state of residence must be accompanied by their parent/legal guardian. Each Grand Prize shall consist of the following elements: (i) roundtrip coach airfare for the Winner and up to three (3) Guests from the airport nearest the Winner’s residence (as determined by Sponsor) to Cancun, Mexico; (ii) four (4) days/three (3) nights hotel accommodations in the Pineapple Suite at the Nickelodeon Hotels & Resorts Riviera Maya (or similar standard hotel at Sponsor’s sole determination, quad occupancy, all meals, drinks, gratuities, room tax, non-motorized water sports and entertainment) (“Hotel”); and, (iii) round trip ground transportation to/from airport & Grand Prize Winner’s residence and airport & Hotel.
Approximate retail value (“ARV”) of each Grand Prize: $14,494.49; the total ARV for all Grand Prizes in this Promotion: $72,472.45. The ARV of a Grand Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. Each Grand Prize is subject to certain restrictions and exact travel times and arrangements are subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change. Any person that participates in the Grand Prize that is not deemed a Guest must pay his/her own expenses. The difference between the ARV and the actual value of a Grand Prize will not be awarded. Winner and his/her Guests must be able to travel on dates to be determined by Sponsor, with exact dates of travel to be determined at Sponsor’s sole discretion. Limit one (1) Grand Prize per person/household.
Prize Restrictions: An IRS Form 1099 will be issued in the name of the Winner for the actual value of the Grand Prize received. Any and all applicable federal, state, and local taxes (including but not limited to income taxes, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses) and all fees and expenses related to delivery, acceptance, and use of a Grand Prize not specifically identified in these Official Rules, are solely the responsibility of the Winner. If for any reason a Grand Prize or Grand Prize component is unavailable for any reason, Sponsor reserves the right to substitute with a prize of equal or greater value. Any difference between the ARV and the actual value, if any, of any component of a Grand Prize will not be awarded. In the event that a Potential Winner chooses not to accept his/her Grand Prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the eligible entries submitted in the Second Chance Drawing, if time permits. NEITHER SPONSOR NOR ADMINISTRATOR SHALL HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF THE WINNER’S ACCEPTANCE OR USE OF THE GRAND PRIZE.
Each Winner and his/her Guests must be able to travel and fulfill the Grand Prize in its entirety by a date not later than October 1, 2021 or such Winner agrees to forfeit the Grand Prize in its entirety and Sponsor may elect to award the Grand Prize to another Potential Winner, time permitting. Each Winner and his/her Guests must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s sole discretion. Sponsor may change travel dates at its sole discretion.
Each Winner and his/her Guests must possess United States government-approved travel documents and be willing to sign any other legal documents required by Sponsor and/or Administrator. Each Grand Prize is subject to certain restrictions and exact travel times and arrangements are subject to availability. The Released Parties (defined below) are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Grand Prizes. Any and all applicable federal, state, and local taxes (including but not limited to income taxes) and all fees and expenses related to delivery, acceptance, and use of a Grand Prize not specifically identified in these Official Rules, including but not limited to, all non-inclusive meals, taxes, gratuities, travel insurance, bag check fees, parking fees, laundry service, non-inclusive food, non-inclusive alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, gratuities, souvenirs and other expenses are solely the responsibility of each Winner and Guests. Each Winner and Guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of a valid major credit card.
Released Parties (defined below) are not responsible for any mechanical difficulties or failure connected with the Grand Prizes, or any act or omission whatsoever. Winners may not transfer, give, barter, sell, substitute, or exchange a Grand Prize for a cash equivalent except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute a Grand Prize or a Grand Prize component with one of equal or greater value if the Grand Prize or a Grand Prize component cannot be awarded as described for any reason. Unused components of the Grand Prize have no redeemable cash value. Sponsor will not replace any lost or stolen prizes or components of a Grand Prize. All airline tickets issued in connection with a Grand Prize are not eligible for frequent flyer miles, upgrades and cannot be used in conjunction with any other promotion or offer.
If a Winner elects to travel or participate in the Grand Prize with fewer than three (3) Guests, no additional compensation will be awarded. If a Winner elects to travel or participate in the Grand Prize with more than three (3) Guests, such additional guest(s) shall be responsible for any and all costs associated with such travel. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. Lost or stolen tickets, travel vouchers or certificates or similar items, once they are in a Winner’s possession, will not be replaced. Travel must be roundtrip. No stopovers are permitted on tickets issued in a Grand Prize. If a stopover occurs, the Grand Prize will terminate and the Winner and his/her Guests will be responsible for the full fare, which will be charged from the stopover point for the remaining trip segment(s), including the return. Airline and flight itinerary will be determined by Sponsor in its sole discretion. All airline tickets issued in conjunction with a Grand Prize are not eligible for upgrades. Any unclaimed and/or unused Grand Prize or element thereof will be forfeited and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. In the event a Winner and/or his or her Guest(s) engage in behavior during travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the Grand Prize or other applicable experience early, in whole or in part, and send such Winner and/or his or her Guests home with no further obligation or compensation whatsoever to such Winner or his/her Guests. In the event a Winner or any Guest engages in behavior during travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects such Winner or Guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by such Winner or Guest(s) as a result of such conduct. NEITHER SPONSOR NOR ADMINISTRATOR SHALL HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO A GRAND PRIZE OR ANY OTHER ASPECT OF THE WINNER’S OR ANY GUEST’S ACCEPTANCE OR USE OF A GRAND PRIZE.
7.PROMOTION CONDITIONS. By participating in the Promotion, each Participant (whether they are declared an Official Winner or not), agree (and agree to affirm to such in writing) to: (i) abide by and be bound by these Official Rules and the decisions of the Sponsor and/or Administrator on all matters relating to this Promotion which decisions are final and binding in all respects; (ii) waive any right to claim ambiguity in the Promotion or these Official Rules; and, (iii) warrant and represent that the use of the materials submitted in this Promotion will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s brand and positive image, as determined by Sponsor in its sole discretion. Any materials containing obscenity, crude language, or descriptions of a violent or sexual nature (as defined solely by Sponsor) will not be accepted and the associated entry will be disqualified. Receipt of any of the Grand Prize components of this Promotion is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.
Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor and/or Administrator’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor and Administrator at their sole discretion. In such event, Sponsor and Administrator reserve the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor and Administrator, at their discretion, reserves the right to disqualify any individual who tampers with the entry process or the operation of the Promotion or who acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor’s (and/or Administrator’s) failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.
8.LIMITATIONS OF LIABILITY/RELEASE. By participating in the Promotion, each Participant (whether declared an Official Winner or not) agrees (and agrees to affirm in writing) to forever and irrevocably release, discharge, indemnify and hold harmless the Promotion Entities, and each of their respective parents and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any liability, claims, demands, and causes of action from personal injury, loss or damage of any kind, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Promotion or the use, misuse or acceptance or possession of any prize or any portion thereof, or participation in any Promotion-related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. By participating in the Promotion, Participants agree that the Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from (i) any typographical or other error in the publication or printing of the Official Rules, and/or the offering or announcement of any prize, (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries, (iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the entry due to human error, (iv) any wrongful, negligent, or unauthorized act or omission on the part ofany of the Released Parties, or any of their agents or employees, (v) the Promotion and any elements thereof, and the participation or inability to participate in any Promotion-related activity or participation in this Promotion, including, but not limited to, any damage to Participant’s (or any third person’s) telephone system and/or its contents related to or resulting from any part of the Promotion, (vi) any malfunction of the telephone system, whether technical or due to human error in nature, lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Promotion, including, but not limited to, interruption or inability to access the Promotion due to hardware or software compatibility problems of any telephone network (TSP), computer online systems (ISP), servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to participants or to any other person’s telephone system related to or resulting from participating; (vii) acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any component of a prize including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed prize (or any element thereof), (viii) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond the Released Parties’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including but not limited to overloading of the any website associated with the Promotion due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Released Parties’ sole and reasonable control, or as otherwise permitted in these Official Rules; (ix) unauthorized human intervention in any part of the entry process or the Promotion; or (x) technical or human error which may occur in the administration of the Promotion or the processing of entries. No more than the stated number of Grand Prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, eligible entries received in connection with each Promotion.
In addition, Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize. Winner's and his/her Guests’ transportation and such contracts shall be solely between the Winner, his/her Guests and such transportation companies. Promotion Entities shall not be parties to such contracts and shall assume no responsibility in such connection. Released Parties shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Winner and his/her Guests assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Promotion or use or redemption of the Grand Prize. The Released Parties are not responsible if entry or participation is prevented, or if any prize cannot be awarded, due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9.PUBLICITY. Except where prohibited by law, each Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent, subsidiaries, affiliates, assigns, agents (including advertising and promotion agencies), contractors, suppliers, Promotion Entities and those other entities acting pursuant to Sponsor’s authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or here after developed, including but not limited to the world wide web, at any time or times, each Winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on any form of media) without additional consideration, compensation, permission, or notification. Participants agree that Sponsor shall own the Promotion entries, which will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party.
10.WARNING. Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor finds to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor (and/or Administrator) reserves the right to seek damages from any such person to the fullest extent permitted by law.
11.GOVERNING LAW/JURISDICTION. The Promotion and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Promotion, each Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion, the prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action and exclusively by the United States District Court for the Southern District of New York or the courts of the State of New York in the City and County of New York. Participant further agrees that in any cause of action, the Released Parties’ entire liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees and/or experts’ fees and costs. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Participant further waives all rights to have damages multiplied or increased.
13.RULES/WINNERS/PARTICIPATING PRODUCTS LIST. To receive the names of the Winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: “Where’s Gary? Getaway Instant Win Game and Sweepstakes Rules/Winners List Request”, c/o Marden Kane, Inc., 575 Underhill Blvd. Suite 222, Syosset, NY 11791-3416, for receipt by September 23, 2020. Please specify “Rules” or “Winners List.” A copy of these Official Rules and a full list of specially marked products participating in the Sweepstakes may also be obtained during the Entry Period at www.wheresgarygetaway.com/rules-findgary.
©2020 Paramount Animation, a Division of Paramount Pictures, and Viacom International Inc. All Rights Reserved. SPONGEBOB SQUAREPANTS is a trademark of Viacom International Inc. Created by Stephen Hillenburg.