Official Rules

 

NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS TREASURE HUNT. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.

 

1.              ELIGIBILITY. SenArt Films Releasing, Inc., (“Sponsor”) “Lust For Gold Treasure Hunt,” (the “Promotion”) is only open to those who, as of the start date, are legal residents of the fifty (50) United States, including the District of Columbia, and who have reached the age of majority in their state of residence. The Promotion is void where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies involved in the administration of this Promotion, and the immediate families (defined as parents, spouses, children, siblings, grandparents and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director are not eligible to enter.

 

2.              TIMING. The Promotion participation entry period begins at 12:00AM Eastern Time (“ET”) on April 1st 2022 and ends at 12:00PM (noon) Eastern Time (“ET”) on June 30th 2022 (the “Participation Period”). Sponsor’s computer is the official timekeeping device for the Promotion.

 

3.              HOW TO PARTICIPATE. To participate, visit the Sponsor’s page on Facebook at https://www.facebook.com/LustForGoldMovie or www.LustForGold.com during the Participation Period; (b) click on the “Participate Now” tab; (c) if you have not previously done so, “Like” the page; (d) click the “Participate Now” box to enter the Promotion; (e) complete the participation form fully and accurately with all the required information; (f) read and accept the Official Rules; and (g) submit the participation entry by clicking submit.

This Promotion is not sponsored, endorsed, administered by, or associated with Facebook. You understand that you are providing information to Sponsor and not to Facebook.

Limit of one (1) participation entry per person. Multiple entries, mass entries, and entries generated by script, macro, or other automated means or by any means that subvert the participation entry process will be void.

Complete all requested information during the participation entry process in accordance with the on-screen instructions. You must complete all required information to be eligible to win. All entries must be received by Sponsor during the Participation Period. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified.

In the event of a dispute as to an entrant’s participation entry, the natural person who is the authorized account holder of the email address will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Promotion. The “authorized account holder” is the natural person assigned to an email address by an Internet access provider, online service provider, Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning participating entrant may be deemed ineligible. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of participation entry by Sponsor.

 

4.              AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating, each participating entrant fully and unconditionally agrees to be bound by and accepts these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of participant entries, and the awarding of the prize in accordance with reaching the highest number of points reached through active patriation in the Promotion, which are final and binding in all respects).

 

5.              POINTS; ODDS; NOTIFICATION. On or about July 30th 2022, Sponsor or Sponsor’s designee will tabulate the number of points from each participant entry and select the potential winner based on the highest number of points from among all eligible participant entries received. If a tie should occur, a random drawing will occur among the tied eligible participants. Odds of winning a prize depend on the number of eligible participants. The participant must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. The potential winner will be notified by phone, mail, courier and/or email – as well as posting on the official Lust for Gold Facebook page. The potential winner may be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated. If the potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules or the requests of Sponsor, then the potential winner may be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place, at random from among all eligible non-winning entries received by Sponsor for the Promotion.

 

6.              PRIZE(S). One prize will be awarded in this Promotion. The approximate retail value (“ARV”) of the prize is $400. The prize consists of backpacking equipment. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, in the event of unavailability of the advertised prize. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. For prizes valued over $600, prize winner will be issued an IRS Form 1099 for the retail value of the prize. If potential winner does not wish to accept the prize, an alternate winner will be selected from the next eligible participant entrants. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.

 

7.              PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.

 

8.              GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

 

9.              RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Promotion partners and prize suppliers, and Facebook, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or participation entry in the Promotion and/or entrant’s award, receipt or use of any prize awarded in the Promotion.

 

10.            LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of participation entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the participation entry process or the Promotion; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Promotion or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.

 

11.            DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the State of New York; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

 

12.            DATA COLLECTION. Information collected in this Promotion will be administered by Sponsor in accordance with its Privacy Policy, located at https://SenArtFilms.com/Privacy

 

13.            OFFICIAL RULES. These Official Rules are available at www.LustForGold.com or by sending a self-addressed envelope to “Lust For Gold Treasure Hunt – Rules Request.” c/o SenArt Films Releasing, PO Box 840, Dallas PA 18612

 

14.            WINNER(S) LIST. To request a list of winner(s), send a self-addressed, postage-stamped envelope to “Lust For Gold Treasure Hunt – Winner List Request,” c/o SenArt Films Releasing, PO Box 840, Dallas PA 18612. Requests must be received August 15th 2022.

SPONSOR. The sponsor of the Promotion and the address at which the Sponsor may be contacted is Lust For Gold Treasure Hunt c/o SenArt Films Releasing, PO Box 840, Dallas PA 18612.

 

 

Waiver of Liability

 

In order to participate in the Lust for Gold Treasure Hunt (hereinafter “Treasure Hunt”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:

 

1.           I acknowledge and fully assume the risk from my participation in the Treasure Hunt and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity to contract) SenArt Films, LLC; SenArt Films Releasing, Inc.; Charity Island Pictures, LLC; The Last Expedition, LLC and their officers, directors, members, agents, employees and assigns (the “RELEASEES”) from any and all liability which might occur as a result of my participation in the Treasure Hunt whether arising from the negligence of RELEASEES or otherwise.

 

2.           I hereby agree to indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever whether arising from the negligence of RELEASEES or otherwise (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, any injury.

 

3.           It is my express intent that this Waiver of Liability shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Waiver of Liability and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the Commonwealth of Pennsylvania.

 

By clicking “Accept” on the Lust For Gold Treasure Hunt Pre-Registration page, I acknowledge and represent that I have read the foregoing Wavier of Liability, understand it and agree to it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I agree to this Waiver of Liability for full, adequate and complete consideration fully intending to be bound by same.  I understand that I am responsible for members of my team and that no individual may participate in the Treasure Hunt without having agreed to this Waiver of Liability.