KJEE USH Sweepstakes
TERMS and CONDITIONS
Standard Terms and Conditions
- Program Compliance.
- Sponsor shall be the sole party responsible for, and assume all costs associated with, the administration of the Program, including, but not limited to:
- Compliance with and administration of all aspects of the Program in accordance with all applicable international, federal, state, county and city laws, statutes, regulations and orders with the legal bodies that govern such sweepstakes, promotions, and/or contests, as well as any and all generally accepted industry standards, laws, directives or guidelines, relating to privacy (including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the California Consumer Privacy Act (“CCPA”), Children’s Online Privacy Protection Act (“COPPA”), etc.), including the then-current Federal Trade Commission, Federal Communications Commission, Consumer Financial Protection Bureau, and the U.S. Department of Justice requirements (collectively, the “Laws”), including, if necessary, registration of the sweepstakes, promotions, and/or contests in compliance with the Laws and submissions of the winner’s list to the appropriate governmental agencies. This also includes compliance with all applicable other laws and regulations and age restrictions relating to protection, collection, use, disclosure, storage, security and destruction of all consumer data, including but not limited to a consumer’s name, address, phone, and email address.
- To the extent applicable to the Program, compliance with all CAN-SPAM requirements.
- To the extent applicable to the Program, compliance with all telemarketing laws and requirements (including but not limited to the Telephone Consumer Protection Act including mobile phone and SMS texting rules, including but not limited to express written consent and reassigned phone numbers, Telemarketing Sales Rules including caller ID disclosures, state telemarketing registrations, renewals and bonding, and other state specific restrictions).
- To the extent applicable to the Program, compliance with social media networks’ policies and guidelines governing sweepstakes, promotions, and/or contests and collection of user profile information.
- Creation, implementation, and execution of the Official Rules.
- Creation and inclusion of any and all required disclosures on the Program Materials.
- Distribution and retrieval of entry forms.
- Selection and notification of prize winners.
- Determination and notification of tax liability for prize winners and the filing of all 1099 forms.
- Any other applicable administrative responsibilities relating to sweepstakes, contests, and/or promotions, including but not limited to obtaining from each winner an affidavit of eligibility, liability release, and publicity release that includes USH as a covered entity in a form satisfactory to USH.
- Program Materials and Approvals.
- USH shall provide, at no cost to Sponsor, “official” USH graphics, artwork, copy points, video footage, proprietary graphics, and other materials (the “ USH Materials”) as selected by USH and approved for use in the development and production of any and all printed materials (e.g., visual display items, sweepstakes entry forms, etc.) and/or radio/television and related promotional materials, employed in the Program, subject to the usage requirements and approval process described in herein.
- USH shall waive all customary licensing fees for the use of USH’s names, logos and selected proprietary footage, sound effects, sound bites and graphics, as selected by USH and approved for use in the development and production of all printed materials, radio/television and related promotional materials utilized in the Program, subject to the usage requirements and approval process described herein.
- USH shall work closely with Sponsor in the development, production, and approvals for all promotional materials utilized in the Program.
- Sponsor agrees that USH must approve in writing all elements of any promotional materials, including but not limited to sales, promotional or advertising materials, and brochures, which include references to USH or its respective properties, including photographs, images, text and descriptions, which approval may be withheld in USH’s sole discretion. All references to USH and each of their respective intellectual properties including trademarks, trade names, copyrights, logos and characters, recognizable character likenesses and/or recognizable components of such character likenesses owned or licensed by USH shall be in accordance with the most recent approved resources and guidelines provided to Sponsor by USH. The parties hereby agree that for purposes of this Section II, and Section III below, email approval shall be considered approval “in writing”. Should Sponsor fail to obtain USH’s approval, USH reserves the right to seek all appropriate remedies for breach of contract, including but not limited to monetary damages, and injunctive relief.
- Subject to the usage requirements and approval process described herein, Sponsor shall provide USH with final approval of all Program Materials created in connection with the Program at least thirty (30) business days prior to production. Sponsor understands and acknowledges that various elements related to the USH Materials are owned by USH’s third party licensors and as such, agrees that USH shall have final discretionary creative approval over any use of the USH Materials in accordance with the terms of the applicable third party license agreements between USH and its respective third party licensors. This right of prior approval applies to all materials, premiums, promotional content, rules, websites, and other material in any media, with the exception of news stories, relating to this Program and/or The Wizarding World of Harry Potter.
- Trademark Usage. All Program Materials utilized by Sponsor shall be approved by USH in writing. Sponsor shall not make any use of the name of Universal Studios Hollywood and Universal CityWalk Hollywood, and USH’s other registered trademarks and logos, or the names, registered trademarks, or logos of its respective partners, subsidiary, related or affiliated companies without prior written approval from USH.
- Prohibited Websites. Sponsor understands and agrees that the reputation of USH in the community and in the eyes of the general public as a family oriented entertainment destination is of the utmost importance to USH and, therefore Sponsor acknowledges and agrees that it shall adhere to USH’s policies of which Sponsor has been given notice in writing, including email, regarding placement of any advertising, marketing or promotional material on the World Wide Web and shall specifically agree not to place any advertising, marketing or other promotional material containing USH’s intellectual property on any websites and/or webpages that USH has not agreed to in writing. Prior to including USH and/or USH’s advertising on any website, Sponsor shall seek USH’s prior written approval before placement on any such website. Furthermore, Sponsor further agrees not to include any USH intellectual property on any websites and/or webpages containing gambling, celebrity gossip, adult and/or political content.
- Representations and Warranties. Sponsor agrees, represents and warrants that: (i) Sponsor has the full right, power, and authority to enter into this Agreement and fully perform its obligations hereunder, (ii) Sponsor has obtained any and all necessary registrations, bonding, permits and/or licenses required to conduct the Program within the Program Market, (iii) Sponsor shall set up and conduct the Program, create all marketing related material and administer the Program in strict conformity with all applicable Laws, and (iv) Sponsor shall ensure compliance of the Official Rules with the requirements stated in Paragraph III of the Agreement.
- Third Party Partners. Sponsor shall provide USH with notice of intent to include third party and final approval of third party participation prior to commitment by Sponsor to avoid conflict with USH’s corporate relationships and other existing commitments. USH retains the right to reject any third party at its sole discretion.
- No License. Except as expressly provided herein, no property, license, permission or interest of any kind or to the use of any trademark, tradename, color combination, insignia or device owned or used by a party is or is intended to be given or transferred to or acquired by Sponsor by the execution, performance or nonperformance of this Agreement or any part thereof. Neither party in any way shall contest or deny the validity of, or the right or title of the other party in or to such trademark, trade name, color combination, insignia or device, by reason of this Agreement and shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. In addition, neither party shall utilize any such trademark, tradename, color combination, insignia or device in any manner which would diminish its value or reputation of the other party.
- Indemnification. Sponsor agrees to indemnify, defend and hold harmless Universal City Studios LLC d/b/a Universal Studios Hollywood, its parent, subsidiary, related and affiliated entities, its and their officers, employees and agents (the “ USH Indemnified Parties”) from and against any and all claims, demands, and causes of action, liability and judgments, damages, costs and expenses, including reasonable attorney’s fees (collectively “Claims”) arising out of or relating to: (i) any breach of Sponsor’s warranties and representations made hereunder or under the Official Rules; and/or (ii) Sponsor’s performance of its obligations under this Agreement or the Official Rules. Sponsor’s obligation to indemnify the USH Indemnified Parties shall extend to any and all claims for bodily and/or personal injury, death (Sponsor’s employees included) or damage to property, product liability, or any infringement of any proprietary rights, patent, copyright or trademark. The obligation to indemnify the USH Indemnified Parties shall not exist where the USH Indemnified Parties are solely negligent or in the event of the USH Indemnified Parties’ sole willful misconduct. This obligation to indemnify shall survive the expiration or termination of this Agreement.
- Governing Law and Arbitration. This Agreement shall be interpreted, enforced, and governed by and under the laws of the State of California. Any controversy, claim, or dispute arising out of or relating to this Agreement, including but not limited to the formation, meaning, performance, or breach of the Agreement or this agreement to arbitrate (each, a “Dispute”), shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (an “Arbitration”) in Los Angeles, California. The Arbitration shall be administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedure of JAMS (available at https://www.jamsadr.com/rules-streamlined-arbitration/ ) or subsequent versions thereof, including the optional appeal procedure. All parties to a Dispute shall participate in meaningful early efforts to resolve the Dispute, whether by direct meeting, mediation, or other reasonable means; provided however, that this obligation shall not be a condition precedent to the initiation or progress of an Arbitration or other legal proceeding permitted herein. Any Arbitration or Mediation shall be confidential (except as information may be required in any judicial proceeding brought to enforce these provisions or any award rendered hereunder). The arbitrator shall not have the authority to grant any remedies the Parties have waived herein. Notwithstanding the foregoing, any party may seek emergency equitable relief to the extent otherwise permitted by this Agreement in any court of competent jurisdiction upon a showing of exigent circumstances justifying such relief. The Arbitrator shall entertain any demurrer, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or other dispositive motion. Each party to this Agreement irrevocably submits to the personal jurisdiction and venue of a state or federal court of competent jurisdiction in Los Angeles County, California for any purpose permitted herein. The administrative costs of the Arbitration, including fees of the Arbitrator, initially shall be split equally between the sides; provided, however, that the Arbitrator may, in his or her discretion, allocate such costs in favor of any prevailing party. If all or any portion of a Dispute is held to be non-arbitrable then that Dispute (or portion thereof) shall be adjudicated by a single referee appointed in accordance with the procedures set forth in Sections 638 et seq. of the California Code of Civil Procedure by a state or federal court of competent jurisdiction in Los Angeles County, California.
- Modification. No provision hereof may be waived or modified except by a writing signed by all parties. This Agreement represents the entire understanding of the parties and supersedes all prior written or oral agreement between them with respect to the subject matter hereof.
- Confidentiality. Sponsor shall refrain at all times from disclosing USH’s trade secrets, systems, concepts and general business information which is not generally known by the public and which gives the non-disclosing party an advantage over its competitors who do not know or use this information which, if disclosed, would tend to destroy the value of the information to the non-disclosing party. Further, except as provided herein, no party, nor its employees, may discuss the Program with any branch of the media or with any third party, nor shall they furnish any written materials relating to the Program to any media entity or third party without the prior written approval of all parties to this Agreement. The parties to this Agreement shall not use another party’s name or its association with that other party in any form of advertising or promotion without said other party’s prior approval.
- Assignment. This Agreement may not be assigned by Sponsor without the express prior written consent of USH. USH may assign this Agreement to its parent, affiliated or subsidiary companies or to an entity that purchases substantially all of its assets, or to an entity with which it is merged.
- Termination. USH may, for any reason and at any time, elect to terminate all or any part of this Agreement by providing at least thirty (30) days written notice to Sponsor specifying the extent of termination and the effective date. In the event that Sponsor fails to timely perform any of its material obligations under or is in material violation of or in material default under any provision of this Agreement, USH may terminate this Agreement after first having given Sponsor written notice and five (5) business days to cure.
- Force Majeure. The failure of either USH or Sponsor to comply with any provision of this Agreement due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this contract is made, will not be considered a breach of this Agreement. In the event of an occurrence of a force majeure event, at the request and direction of USH, Sponsor shall either: (i) amend the dates of the Program Period to conclude the Program early; or (ii) delay the dates of the Program Period and work with USH to determine another mutually agreed Program Period.
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