Rules & Regulations

 

9. REPRESENTATION, WARRANTY AND INDEMNIFICATION. BY ENTERING, EACH ENTRANT REPRESENTS AND WARRANTS THE FOLLOWING: That the entry and Program Progress Evidence (“Entry”) submitted complies with these Official Rules; and that: (i) it is the original work of the Entrant; (ii) has been legally created; (iii) is owned by the Entrant; (iv) has not previously been published or distributed in any media; (v) has not previously been submitted in any competition and has not won any prize or award; (vi) does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living or dead without permission (proof of which must be provided to the Contest Administrator upon request in a form satisfactory to Contest Administrator in their sole

discretion; (vii) does not include the trademarks, logos, or copyrighted material not owned by entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips, works of art, or images published on other websites, in television, movies or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e. droit morale) or any other intellectual property rights; (viii) except as set forth above, content is not subject to any third party agreements, and the Contest Entities will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the entry, in whole or in part, or rights therein as contemplated in these Official Rules; (ix) does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of the Contest Administrator or any other individuals and/or entities, the determination of which shall remain in the sole discretion of Contest Administrator; (x) does not contain pornographic or sexual content, hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Contest Administrator; (xi) does not include threats of any kind, or intimidate, harass or bully anyone, or invade the privacy of any person, the determination of which shall remain in the sole discretion of the Contest Administrator; (xii) does not violate any applicable local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense; (xiii) complies with any required permitting or similar regulations required by local authorities or property owners, and that all required permissions have been obtained (including but not limited to permits for filming locations) and are documented sufficiently such that Entrant can show proof of such permissions upon request from the Contest Administrator; and (xiv) does not feature, refer to, or mention any competing brands of the Contest Administrator. IF, IN THE SOLE DISCRETION OF THE CONTEST ADMINISTRATOR, AN ENTRANT HAS BREACHED A REPRESENTATION OR WARRANTY, THE ENTRY WILL BE SUBJECT TO DISQUALIFICATION AT CONTEST ADMINISTRATOR’S SOLE DISCRETION. Further, by entering, each Entrant represents and warrants that he/she will indemnify and hold harmless Sponsor, Contest Administrator, the Contest Entities from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of his/her representations and warranties herein, his/her entry, or his/her conduct in creating the entry or otherwise in connection with this Contest.

10. LIMITATIONS ON LIABILITY: Sponsor, Contest Administrator and the Contest Entities are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may

occur in connection with the administration of the Contest or in any Contest-related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Sponsor, Contest Administrator and the Contest Entities shall not be responsible or liable for any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to the Contest and/or any person’s participation in the Contest. Persons who tamper with or abuse any aspect of the Contest or Web site, as solely determined by the Contest Administrator, will be disqualified (and all associated entries will be void), and Contest Administrator reserves the right to terminate such Entrant’s eligibility to participate in this or any other promotion offered by Contest Administrator. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Sponsor, Contest Administrator and the Contest Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from the Web site. Should any portion of the Contest be, in Contest Administrator’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Contest Administrator reserves the right at its sole discretion to suspend or terminate the Contest, and select winners from all non-suspect, eligible entries received prior to action taken or as otherwise deemed fair and appropriate by Contest Administrator. Contest Administrator reserves the right to substitute prize with a prize of equal or greater value should the advertised prize become unavailable for any reason. Without limiting the release provided above, and for greater certainty, Sponsor, Contest Administrator and the Contest Entities will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Contest Administrator for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s computer or other person’s system or equipment occasioned by participation in this Contest. In the event of a dispute regarding the identity of an entrant, the authorized account subscriber of the email address provided at time of entry, as indicated by Contest Administrator’s records, will be deemed the winner and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses. The potential winner may be required to show proof of being the authorized account subscriber.

11. LIMITATIONS ON LIABILITY FOR TRAVEL: Sponsor, Contest Administrator and Contest Entities and their respective parent, subsidiaries, and affiliated companies maintain no control over the personnel, equipment, or operation of any air, water, or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing service, products, or accommodations as a part of the prize provided under this contest. CCP is not in any way related to the other suppliers. Sponsor, Contest Administrator and Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay,

inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those suppliers or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, Contest Administrator and Contest Entities, or (d) any cause, condition or event whatsoever beyond the control of the Sponsor, Contest Administrator and Contest Entities. All expenses not stated in these Official Rules are solely the responsibility of the winner, including, without limitation, tips, gratuities, service charges or taxes, meals, ground transportation not specified, hotel room service, beverages, merchandise, souvenirs, local and long-distance telephone calls. Travel and accommodations are subject to change and availability, and restrictions may apply. If winner is unavailable to travel on dates specified, the prize will be forfeited. Winner must comply with the security requirements of all applicable airports and all venues, or prize will be forfeited in its entirety and may be awarded to an alternate winner, time permitting. Contest Administrator reserves the right in its sole discretion to suspend or cancel the participation of any winner due to noncompliance with any security procedure or inappropriate behavior or misconduct. Travel accommodations are at the discretion of Contest Administrator. Contest Administrator will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner is solely responsible for all applicable taxes, insurance, travel-related expenses not set forth herein and other expenses which may be required for the enjoyment and use of the prize.
12. IN NO EVENT WILL CONTEST ADMINISTRATOR, SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTEST ADMINISTRATOR, OR CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM http://www.hispaniccollegequiz.com, OR ANY OTHER WEBSITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION 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.

13. DISPUTES: By entering this Contest, Entrant agrees that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Contest (including without limitation,

any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Chicago, Illinois under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entrant’s participation in this Contest or otherwise accessing this Contest, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Contest, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest or any content or other material used or displayed on this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Contest Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
14. PRIVACY POLICY/USE OF INFORMATION: By participating in this Contest, you acknowledge and agree that Contest Administrator may collect the personal information submitted by you, and use the information pursuant to Contest Administrator’s privacy policy. The information that Entrant provides in connection with the Contest may be used for Contest Administrator’s internal purposes and to send Entrant information about Contest Administrator’s products but will not be provided to third parties, except as necessary for the administration of the Contest or as required by law or legal process. Entrants should be at least 18 years of age and not a minor in their principal state of residence at the time of entry into the Contest to receive information about Contest Administrator’s products. Please see the privacy policy located at http://www.hispaniccollegequiz.com for details of Contest Administrator’s policy regarding the use of personal information collected in connection with this Contest.

15. RULES/WINNERS LIST: To obtain the Official Rules and/or a list of prize winners, send a self-addressed stamped envelope in a separate, first class stamped envelope to: “Hispanic College Quiz Online Video Competition,” 212 E. Ohio, Suite 300, Chicago, Illinois, 60611. Please specify “Official Rules” or “Winners List”. Winners List will be available on or about October 31, 2011. Official Rules and Winners List requests must be received by November 30, 2011. Limit one (1) Official Rules request and one (1) Winner’s List request perperson/household. Official Rules will also be available on http://www.hispaniccollegequiz.com during the Contest Period.
16. CONTEST ADMINISTRATOR: Central City Productions, Inc., 212 E. Ohio St., Ste. 300, Chicago, IL 60611.