LA OPERA "IN THE HEART OF THE SEA" SWEEPSTAKES. SPONSORED BY LOS ANGELES OPERA LOCATED AT 135 NORTH GRAND AVENUE, LOS ANGELES, CA ("Sponsor").
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1 LA OPERA "IN THE HEART OF THE SEA" SWEEPSTAKES SPONSORED BY LOS ANGELES OPERA LOCATED AT 135 NORTH GRAND AVENUE, LOS ANGELES, CA ("Sponsor"). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE EIGHTEEN (18) YEARS OR OLDER AND A LEGAL RESIDENT OF THE STATE OF CALIFORNIA, UNITED STATES. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. OTHER RESTRICTIONS MAY APPLY. VOID WHERE PROHIBITED BY LAW. GRAND PRIZE WINNER MUST BE AVAILABLE TO TRAVEL FROM LOS ANGELES, CALIFORNIA ON DECEMBER 6, 2015 OR GRAND PRIZE WILL BE FORFEITED. OFFICIAL RULES FOR THE LA OPERA "IN THE HEART OF THE SEA" SWEEPSTAKES ("Sweepstakes or Promotion ): 1. Eligibility: This Sweepstakes is limited to legal residents of the State of California, United States who are eighteen (18) years of age or older at the time of entry (an "Entrant"). Sweepstakes is void wherever taxed, restricted or prohibited by law. Entrants must provide accurate and verifiable information on entering the Sweepstakes. Any invalid or incorrect information will constitute cause for disqualification and Entrant will be ineligible to claim the prize (the Grand Prize ) as described below and on the entry page of this promotional web site (the "Sweepstakes Site"). Sponsor is not liable for the Grand Prize, or otherwise, to an Entrant who is in violation of these Official Sweepstakes Rules. Warner Bros. Entertainment, Inc., its parents, affiliates and subsidiaries (collectively, Warner Bros. ) is not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes, the selection of the winner or the fulfillment of prizes. Entrants are providing their information to Sponsor and not to Warner Bros. 2. Excluded Entrants: Employees, officers, directors, agents, successors, and assignees of Sponsor, Los Angeles Opera ( LA Opera ), Warner Bros., and Viceroy Hotel Group, as well as family and household members of the same, are ineligible to participate in the Sweepstakes and will be ineligible to win the Grand Prize. Entrants residing in states where this Sweepstakes is prohibited by law or subject to other requirements which Sponsor has not complied, are ineligible to participate in the Sweepstakes and will be ineligible to win the Grand Prize (as defined below). 3. The Sweepstakes Period: The Sweepstakes period begins at 12:00:01 AM Pacific Time ("PT") on November 10, 2015 and ends at 11:59:59 PM PT on November 30, 2015, provided that all entries for the Grand Prize Trip (defined below) must be received by 11:59:59 p.m. PT on November 30, 2015 (the "Sweepstakes Period ). All entries must be received during the Sweepstakes Period to be eligible. 4. How to Enter: There is one way to enter. Online: You can view the Sweepstakes at You can enter the Sweepstakes by completing the online entry form available at The online entry form requires providing your name, address, physical address, phone number and date of birth. All entries become the property of the Sponsor and will not be acknowledged. By entering the Sweepstakes, all Entrants agree to abide by these Official Sweepstakes Rules. 5. Winner Selection/Odds of Winner. One (1) drawing will occur as follows: Grand Prize Drawing: One (1) Grand Prize Winner will be determined in a random drawing conduct by Sponsor or its designee on or about December 1, 2015, from among all eligible entries received by 11:59:59 p.m. on November 30, 2015.
2 Sponsor s decisions are final and binding in all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received. 6. Notification to Winner: Potential winners will be notified by and/or telephone within twentyfour (24) hours after the applicable drawing, using the contact information supplied at the time of entry. IMPORTANT: Grand prize potential winner must respond to the initial notification within twenty-four (24) hours after delivery to facilitate timely travel arrangements to the Premiere. Each potential winner (and guest) subsequently may be required to sign and return an affidavit of eligibility and liability release (and, where permitted, a publicity release); Grand Prize Winner (and guest) must comply within twenty-four (24) hours to facilitate timely travel arrangements to Premiere. Failure to comply with any requirements on a timely basis may result in disqualification and award of prize to an alternate winner, time permitting. 7. Void/Disqualified Entries: Incomplete entries are void. Entry forms that have been altered in any manner are void. Entries which are not in compliance with these Official Sweepstakes Rules or that Sponsor otherwise deems to be inappropriate, in its sole discretion, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website or any other devices which subvert or manipulate the entry process will void all Entries by such methods, and disqualify any Entrant using such methods. 8. Entrant Identity: In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the account of the address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. 9. Privacy Rights: Entrant s information provided to Sponsor will be the contact information used to communicate with Entrant. Sponsor may also share Entrant s information with its affiliates, agents, marketers, Viceroy Hotel Group, and Warner Bros. for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and for commercial, business or other lawful purposes, in all domestic as described in these Official Sweepstakes Rules and in accordance with LA Opera s Privacy Policy as stated at Viceroy Hotel Group s Privacy Policy as stated at and Warner Bros. s independent privacy policy as stated at Rights Granted: By entering the promotion, should Entrant win and accept the Grand Prize, Entrant hereby grants to Sponsor, Viceroy Hotel Group, and Warner Bros. an irrevocable, worldwide, royalty-free, non-exclusive license, with the right to sub-license or transfer the same, to use Entrant s name, image, likeness, address (city and state), biographical information, statements, and the sound of Entrant s voice, and any material based thereon or derived therefrom, in all forms and media, whether now known or hereafter devised, and in all manners in Sponsor s and Warner Bros. s sole discretion, including, without limitation, still photographs, print ads, film, audio and/or video tape, for advertising, publicity, commercial, business or other lawful purposes, in all domestic and foreign markets, without compensation, except here prohibited by law. Entrant understands that his/her image may be edited, copied, exhibited, published or distributed and hereby waives any right to inspect or approve the finished version(s), including written copy that may be created in connection therewith. Sponsor reserves the right to interview and feature the Grand Prize Winner (defined below) on Sponsor's/its affiliates website(s) and social media channels. 11. Prizes:
3 The Grand Prize: One (1) Grand Prize is available: A two (2) night getaway, for the Grand Prize Winner and one guest who must be at least 18 years old unless otherwise approved by Sponsor or Warner Bros., to New York City, New York to attend the premiere screening of In the Heart of the Sea ( Premiere ) scheduled for 12/07/2015 (the Grand Prize Trip or the Trip Package ). The Trip Package includes one (1) hotel room for two (2) persons (double occupancy) at the Viceroy Hotel New York located at 120 W 57th St, New York, NY ( for a maximum two (2) night stay; domestic round-trip coach airfare for two (2) passengers (the Grand Prize Winner and his/her guest) from Los Angeles International Airport (LAX), up to a maximum total retail value of $ per ticket ($ total maximum), including all taxes, gratuities, insurance, bag check fees, airport fees and transfers. Except as indicated in the Trip Package above, all meals, taxes, gratuities, travel insurance, bag check fees, parking fees, ground transportation fees, laundry service, food, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules are solely the responsibility of the Grand Prize Winner and his/her guest. Approximate retail value of Trip Package: $2,500. Actual value may vary; any difference between actual and advertised value will not be awarded. Total ARV of all Sweepstakes prizes is $2, Grand Prize Conditions: (i) The Grand Prize Trip must be taken by the Grand Prize Winner to coincide with the Premiere, scheduled for 12/07/2015, but the specific date is subject to change. Nothing set forth herein shall be construed to require Sponsor or Warner Bros. to hold the Premiere at any particular time, or at all. Once the Grand Prize Winner s guest is designated, he/she may not be substituted, except at the Sponsor s sole discretion. In the Heart of the Sea has a Motion Picture Association of America rating of PG-13. Failure to be available at that time may result in disqualification and selection of an alternate winner, time permitting. The Prizes are non-transferable and no substitutions or cash awards are allowed, except at the discretion of the Sponsor, in which case a prize of equal or greater value will be awarded. In no event shall the Sponsor be obligated to award more than the number and type of prizes stated in these Official Sweepstakes Rules. (ii) Travel arrangements will be made through Sponsor's agent on a carrier of Sponsor's choice. Sponsor reserves the right to structure the travel route in its sole discretion. The Grand Prize Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates. Once travel commences, no unscheduled stopovers initiated by Grand Prize Winner are permitted; if such an unscheduled stopover occurs, full fare will be charged to the Grand Prize Winner from the stopover point for the remaining segments of the Grand Prize Trip, including the return. It is the responsibility of the Grand Prize Winner and his/her guest to be in possession of all necessary travel documentation (e.g., Photo ID, valid passport, Credit Card) at the time and place of departure, or the Grand Prize may be forfeited. The Grand Prize Winner and his/her guest must travel together on the same itinerary and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. (iii) If any portion of the Grand Prize Trip is unable to take place as planned, for any reason, including but not limited to, cancellation, scheduling conflicts or an event of Force Majeure (as defined below), that portion of the Grand Prize will be forfeited. The remaining components of the Grand Prize will be awarded and Sponsor's obligation to the Grand Prize Winner will be deemed fulfilled, and no other additional compensation will be provided. If the Grand Prize Winner cannot find a guest to travel with him/her, such portion of the Grand Prize will be forfeited and no substitution or compensation shall be owed by Sponsor. (iv) Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations, including any changes in services or accommodations necessitated by same.
4 (v) The Grand Prize Trip restrictions/conditions stated herein are not all-inclusive and the Grand Prize Trip described above may be subject to additional restrictions/conditions, which may be stated in the prize release documents and/or other travel documents. In the event the Grand Prize Winner and/or his or her guest engages in behavior that, as determined by Sponsor and/or Warner Bros. in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Grand Prize Trip or other applicable experience early, in whole or in part, and send the Grand Prize Winner and/or his or her travel companion home with no further compensation. 13. Taxes: Winners are responsible and liable for all federal, state and local taxes on the actual retail value of any prize received. 14. Reservation of Sponsor's Rights: Sponsor reserves the right, at its sole discretion, to (i) disqualify any individual it suspects of tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any person or entity; or (ii) substitute the specified Grand Prize with a similar prize of equal or greater value if any such prize becomes unavailable. If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, virus, bugs, worms, unauthorized human intervention or any other causes which Sponsor, in its sole opinion, deems could corrupt, manipulate or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and post notice of the action at the Sweepstakes Site, and/or where it sees fit. In such circumstances, winners will be selected in a random drawing from among all valid, non-suspect, eligible Entries received which are unaffected by the problem or as otherwise may be deemed fair and equitable by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 15. Force Majeure: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor s control (each a Force Majeure event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 16. Indemnity: Each Entrant, including the Grand Prize Winner and his/her guest, agrees to indemnify Sponsor, Warner Bros., and each of their parent, subsidiary, and affiliates and each of their officers,
5 directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, and any other person or entity associated with this promotion, from any and all liability arising from acceptance, possession, use or misuse of the Grand Prize, including participating in this Sweepstakes or in any Sweepstakes-related activity, whether sponsored, held by, or paid for by a third party or by Sponsor and for any claims based on publicity rights, defamation or invasion of privacy. 17. No Warranty: Entrant acknowledges that Sponsor and Warner Bros. have not made any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Sweepstakes and/or any prizes other than expressly set forth in these Official Rules. THE GRAND PRIZE IS AWARDED AND DELIVERED BY SPONSOR AND ACCEPTED BY THE GRAND PRIZE WINNER AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESSED OR IMPLIED, IT BEING THE INTENTION OF SPONSOR AND THE GRAND PRIZE WINNER, EXPRESSLY TO NEGATE AND EXCLUDE ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE, OR BY ANY DESCRIPTION OF THE GRAND PRIZE AWARDED AND DELIVERED HEREUNDERAND ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE CALIFORNIA COMMERCIAL CODE. 18. Disclaimers: No responsibility or liability is assumed for: (i) late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered entries; (ii) any virus contracted by an Entrant's computer through participation in the Sweepstakes; (iii) any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (iv) any error, omission, interruption, deletion, defect or delay in operation; (v) failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access; (vi) any errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the notification of the potential winners,, or in any Sweepstakes-related materials; and/or (vii) lost, interrupted, inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. 19. Release of Liability: Entrants hereby release Sponsor and Warner Bros., and each of their parent, subsidiary and affiliates and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives and any other person or entity associated with this promotion from any and all liability and future claims, actions, interests, demands, rights, damages, costs, expenses, and compensation, of any nature whatsoever, for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or any element thereof, or from participating in this Sweepstakes or in any Sweepstakes-related activity, whether sponsored, held by, or paid for by a third party or by Sponsor and for any claims based on publicity rights, defamation or invasion of privacy which Entrant may have or which may hereafter accrue. It is understood and agreed that Entrants hereby expressly waive all rights under Section 1542 of the Civil Code of California, which provides as follows: CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6 20. Governing Law: The laws of the United States govern this promotion. In addition, Entrant s participation in the Sweepstakes or the rights and obligations of Entrant or Sponsor under these Official Sweepstake Rules shall be construed and enforced according to the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California. 21. Mandatory Arbitration: Entrant agrees that any dispute or controversy arising out of or in connection with this Sweepstakes or the Grand Prize awarded, other than matters pertaining to injunctive relief, including without, limitation, temporary restraining orders, preliminary injunctions and permanent injunctions, shall, upon the written demand of either Entrant or Sponsor served upon the other, be submitted to the Judicial Arbitration and Mediation Services, Inc. ( JAMS ), for arbitration. Such arbitration shall be held in JAMS office located in Los Angeles, California, or such other location as shall be designated by Sponsor. The arbitration proceedings shall be conducted in accordance with the rules and procedures as may be established by the arbitrator. The attorneys for each party shall select an arbitrator mutually acceptable to them. If they are unable to agree upon an arbitrator, then the selection will be made by JAMS. The arbitrator s determination of the dispute or controversy shall be final and binding on the parties. Judgment may be entered on the arbitrator s award in any court having jurisdiction, and the parties hereby consent to the jurisdiction of the courts of the State of California (including the federal courts located therein) for this purpose. The parties specifically confer upon the arbitrator the right to direct each of the parties to produce in advance of the hearing(s) whatever documents the arbitrator deems appropriate. 22. Limitation on Damages: Any and all claims, judgments, and awards shall be limited to actual out-ofpocket costs incurred, including costs associated with entering this Sweepstakes, but in no event and under no circumstances will Entrant be permitted to obtain awards for attorneys' fees. The parties hereby agree that the arbitrator shall not have jurisdiction to award punitive damages. ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR GRAND PRIZE WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE GRAND PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. 23. Non-Waiver: No waiver of, or failure by, Sponsor to enforce any provision, covenant, condition or right under these Official Sweepstakes Rules (collectively "Right") shall be construed as a subsequent waiver of the same Right or a waiver of any other Right. No extension of time for performance of any obligations or acts of Entrant shall be deemed an extension of the time for performance of any other obligations or acts of Entrant. 24. Copy of Rules: To receive a written copy of the Official Sweepstakes Rules or the name of the Grand Prize Winner, send a self-addressed stamped envelope to LA OPERA, 135 NORTH GRAND AVENUE, LOS ANGELES, CA Promotional Partners: Any promotional partner(s) of Sponsor, including but not limited to Warner Bros. and Viceroy Hotel Group, is not a sponsor or administrator of the Sweepstakes, and all marks are the property of their respective owners. In the Heart of the Sea 2015 Warner Bros. Entertainment Inc. All rights reserved.
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