WINNERS WILL BE REQUIRED TO RESPOND TO AN INITIAL NOTIFICATION FROM ADMINISTRATOR (DEFINED BELOW) WITHIN FIVE (5) DAYS OF THAT NOTIFICATION AND MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN TEN (10) DAYS FROM DATE OF ISSUANCE OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Thunderbolt Studios “Thunderstruck” promotion (“Promotion”) is open to individuals age Eighteen (18) or older who are legal residents of one of the forty-eight (48) contiguous United States or the District of Columbia (the “Eligibility Area“). Employees, officers, directors, representatives, and agents (and members of their immediate families (regardless of where they live) or of the same households (whether related or not)) of Sponsor (defined below), Administrator (defined below), their advertising and promotion agencies, and any other entity participating in the design, administration, marketing, or fulfillment of this Promotion, and each of their respective divisions, parents, affiliates, and subsidiaries (collectively, the “Released Parties”) are not eligible to participate in the Promotion or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA (INCLUDING IN ALASKA, HAWAII, GUAM, PUERTO RICO, AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS) AND WHERE PROHIBITED BY LAW.
2. Sponsor and Administrator
Sponsor: Thunderbolt Studios, Inc, 9107 Wilshire Boulevard Suite 425, Beverly Hills, CA (“Sponsor”) Administrator: Thunderbolt Studios, Inc, 9107 Wilshire Boulevard Suite 425, Beverly Hills, CA (“Administrator”)
The Promotion begins on March 1st, 2015 at 12:00:00 a.m. Pacific Time (“PST”) and ends on May 31th, 2015 at 11:59 p.m. PST (the “Promotion Period”). The database clock for the Promotion Site (defined below) is the official time keeping device for this Promotion.
4. How to Enter
There are two rounds in this Promotion, each with a different method of entry, as described below.
(a) Entry to promotion:
If you meet the eligibility requirements, you may enter the Entry Prize Drawing by visiting thunderbolt-studios.com/thunderstruck (the “Promotion Site“) and signing up with Administrator. Once you have signed up, follow all onscreen links and instructions to complete and submit the entry form for this specific Promotion during the Promotion Period, including providing all required information. By completing and successfully submitting the entry form during the Promotion Period, you will earn one (1) entry into the Entry Prize Drawing and will become eligible to participate in the entry process for the Finals, as described below. Entry into this Promotion does not result in entry into any other promotion.
(b) Finals: To earn an entry into the Finals, you must complete the information and be selected by the panel of judges as outlined on the administrators website.
Once you have entered the Entry Prize Drawing (as described above), you will be given the opportunity to invite other people to like your video.
Each Referree can meet like your video from a unique IP address, once a day during the promotion timeline.
Limit one (1) entry per concept submitted, during the Promotion Period for the finals. There is no limit to the number of entries into the finals that an entrant can earn.
Participants are also prohibited from obtaining entries by any fraudulent or inappropriate means, as determined by the Sponsor in its sole discretion, including, without limitation by offering prizes or other inducements to potential Referees in exchange for their participation in voting. Use of these techniques, or of any script, macro, or other automated or artificial system to obtain votes, or acting in any manner with the intent or effect of impairing the integrity of the entry process, is prohibited and all such entries will, upon discovery by the Sponsor, be deemed null and void and may lead to the disqualification of the applicable participant.
For the purposes of this Promotion, an entry into the finals is “received” when the Promotion Site’s servers actually log the receipt of a completed entry form. An entry for the finals is “received” when the
Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” screen or message) does not constitute proof of actual receipt of an entry. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries or participation made on your behalf by another person, made by you on behalf of another person, made by any entity or group, or originating at any web site other than the Promotion Site, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Promotion. Sponsor and Administrator are not responsible for lost, late, incomplete, forged, fraudulent, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to register for the user account associated with such entry will be deemed to be the entrant. 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. Potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s sole satisfaction, the disputed entry will be disqualified. All entries become the sole and exclusive property of Sponsor or Administrator and will not be returned. Sponsor and Administrator reserve the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.
5. Winner Selection & Odds of Winning
On or about May 31st, 2015, Administrator and an independent judging panel will select ten (9) entrants in from among all valid entries received for the Entry Prize Drawing as the potential “Entry Prize Winner.” Administrator or an independent judging agency will also select one (1) of the submissions from the videos that get the most likes on the administrators website from among all valid votes received for the finals to determine the “Finalists” for the grand prize. Each of the ten (10) members of the Winning pitches, subject to verification, will participate in the grand prize pitch off, where the top 3 companies as selected from the judges panel will be called the “Grand Prize Winners” in these Official Rules. Odds of winning a prize in this Promotion depend on the number of eligible entries received into the applicable entries. Entrants on the Winning team have no independent right to claim the grand prize; their receipt of prizing is first subject to the potential Grand Prize Winner’s compliance with these Official Rules. POTENTIAL PROMOTION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR (OR ADMINISTRATOR ACTING ON BEHALF OF SPONSOR) WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ACCEPTING OF ENTRIES, SELECTION AND VERIFICATION OF WINNERS, AND AWARDING OF THE PRIZES.
6. Notification & Verification of Potential Winners
The Grand Prize Winners will be contacted using the telephone number and/or the email address provided with his/her entry as determined by Administrator in its discretion on or about June 13th, 2015. Failure to respond to the initial contact within five (5) business days of date of notification will result in disqualification. Potential winner must at all times continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable) and return to Administrator, within ten (10) days of the date notice is sent and without modification, an affidavit of eligibility, and liability/publicity release (except where prohibited) and tax documents, if applicable (“Prize Winner Documents”), in order to claim his/her prize. If a potential winner of any prize cannot be contacted, fails to timely respond to the initial notification, fails to sign and return the Prize Winner Documents within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, that potential winner (and, as applicable, the entire Winning team) is disqualified and the applicable prize is forfeited. In the event that a potential winner of a Promotion prize is disqualified for any reason, the entire Winning team, as applicable, will be disqualified too and Administrator may award the applicable prize to an alternate winner by drawing from among all remaining eligible entries (time permitting). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason.
One (1) Entry Prize: The three (3) grand Prize Winning teams will receive design and development services directly from Thunderbolt Studios in the value of USD $250,000.00. The grand prize will split between the winning team as required and determined at the sole discretion of the sponsor to complete the minimum viable product phase, for each winner, for the winning teams. The winning teams will receive one (1) year of participation in the Expert Dojo startup training, publicity consultation from PMBC and introductions to strategic partners, investors, marketers, influencers and any other parties that are deemed to be beneficial to assist in the success of the winning teams companies.
The following applies only to the grand prizes: Winning team members principal shareholders will be required to execute Prize Winner Documents in the timeframe specified by Sponsor or Administrator or he/she will forfeit all prize benefits. Both the wining team and the administrator will spend the required time after claiming of prize to complete a Statement of woek (SOW) to outline the work required from Thunderbolt Studios for each winning team. The winning team(s) and Thunderbolt Studios will both agree to and form partnership agreements to exchange a reasonable amount of equity in exchange for the services rendered, upon completion of services. In the event the winning team members of a Winning team do not complete the verification process, is at any time deemed ineligible or is disqualified, or cannot accept the prize for any reason, the entire Winning team is disqualified and Sponsor will select an alternate Winning team (time permitting). Actual value of the prize may vary depending on the location of each Winning team member’s residence, market conditions, changes in value of components (e.g., developers, designers) and other reasons. The Released Parties are not responsible for, and no member of a Winning team will receive, the difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. The Released Parties are not liable for any missed prize events, opportunities or expenses incurred as a consequence of delays from the winning teams. Each member of the Winning team agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion- or prize-related activity, including, without limitation, attending the performances and all other prize-related events. Each member of the Winning team understands and agrees that Sponsor, Administrator, or prize providers have the right, in their sole discretion, to disqualify and remove them from any activity at any time if their or another team member’s behavior is at any point uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to the grand prize.
The following applies to all prizes in this Promotion: Limit one (1) grand prize per person, provided that the same team may win both the a spot in the top 10 and a grand prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor and/or Administrator’s sole discretion. Sponsor and/or Administrator reserve the right to substitute any listed prize (or any portion thereof) for one of equal or greater value for any reason. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that any winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced. All federal, state or other tax liabilities (including income taxes) arising from this Promotion and all meals, gratuities, in-room charges, travel expenses, travel and other insurance, carrier fees, government charges, transfers, ground transportation, and other costs and expenses associated with prize acceptance and not specified in these Official Rules as being part of a prize will be the sole responsibility of the winner. Each winner may be issued a 1099 tax form for the actual value of his/her prize. No more than the stated prizes will be awarded. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize, except in Sponsor’s sole discretion. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize or portion of the prize. The Released Parties will not replace any lost, mutilated or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. In the event that a prize or prize component is issued in the form of a prepaid card, such card will be subject to additional terms and conditions imposed by its issuer as specified on the card or in its accompanying materials.
8. Entry Conditions, Release, and Indemnity
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS HE OR SHE MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. General Conditions
Administrator reserves 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 Administrator’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Administrator in its sole discretion, and to award the prizes from among non-suspect, legitimate entries received prior to such cancellation, suspension, or modification. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the integrity or operation of the Promotion or to be acting in violation of these Official Rules or any other promotion 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, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that any provision is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms, as if the invalid or illegal provision were not contained herein. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Official Rules, it will be resolved by Administrator in its sole discretion. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
11. Additional Disclaimers
The Released Parties are not responsible for any of the following, whether caused by entrant, a Released Party, or by human or other error: (a) any incorrect or inaccurate information, including errors, typos, or misprints in these Official Rules or any Promotion-related correspondence or materials, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical or mechanical failures of any kind, including, but not limited to malfunctions of Referral Links or malfunctions, interruptions, or disconnections in phone lines or network hardware or software or viruses or other malware; (c) unauthorized human or mechanical intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) lost, late, incomplete, misdirected, stolen, garbled or illegible entries or postage-due mail; address (email or physical) changes of entrants or entries not received in accordance with these Official Rules; (f) failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. No more than the stated number of 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 and Administrator reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Promotion, or the prize awarded, or the determination of a winner must be resolved individually, without resort to any form of class action or class-wide arbitration. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state or federal laws.Except for disputes where Sponsor or another Released Party is seeking a preliminary injunction, any and all disputes and claims relating to this Promotion must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Promotion, all entrants expressly waive the right to trial by jury or to participate in any class action or class-wide arbitration. The arbitration must be conducted in Los Angeles County, California in the English language, and before three (3) arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the costs of the arbitration, and entrants will be responsible for their own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. Any dispute, claims, and arbitration proceedings must at all times be kept confidential, except to the extent necessary to enforce or collect the arbitration award or except as the parties agree in writing. Each entrant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in Los Angeles County, California and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. Winners List/Official Rules To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Promotion Period: Thunderstruck Winners List, 9107 Wilshire BLVD, Suite 425 Beverly Hills, CA, 90210. For a copy of these Official Rules during the Promotion Period, visit thunderbolt-studios.com/thudnerstuck or send a self-addressed stamped envelope to the following address for receipt during the Promotion Period: Thunderstuck Rules, 9107 Wilshire BLVD, Suite 425 Beverly Hills, CA, 90210 Only one (1) request of either type per outer envelope will be fulfilled. VT residents may omit return postage for rules requests.