WB INSIDER REWARDS
TERMS AND CONDITIONS
1. Introduction.
1.1 The WB Insider Rewards Program (the “Program”) is a paperless, electronic customer loyalty program operated by or on behalf of Warner Bros. Entertainment Inc. (“Warner Bros.”). The Program provides members of the Program (“Members” or “you”) with the opportunity to earn "Loyalty Meter Credits" or "Credits" and "Insider Rewards Points,” “Premier Points” or "Points" by participating in various activities, some of which are described below. Credits and Points may accumulate over time and then be used to obtain products or merchandise, special access, promotional discounts, services and other benefits (each, a "Reward" and collectively, the "Rewards") or the Credits and Points themselves may constitute a type of virtual voucher that can be used to claim products or merchandise, take advantage of discounts, accept other offers and the like, all of the foregoing included in the concept of "Rewards" that may be available in the Program. These Terms and Conditions govern the Program. Please read these Terms and Conditions carefully before participating in the Program. By participating in the Program, you unconditionally agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Warner Bros. or any other person or entity, as determined by Warner Bros. in its sole discretion.
2. Eligibility.
2.1 The Program is open only to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) years of age or older. Officers, directors and employees of Warner Bros. and its parent, subsidiary and affiliated companies, (collectively, the "Program Entities") may participate in the Program but may not be allowed to redeem Credits or Points for certain Rewards or participate in certain “Program Sweepstakes” or “Program Contests” (as such terms are defined below) and may otherwise be subject to restrictions that do not generally apply to how Credits or Points are earned or used. To become a Member, (registration is free), go to http://www.WBInsiderRewards.com/ (the “Website”), submit the information requested on the registration page and confirm your agreement to the Website's Privacy Policy and Terms of Use, which include these WB Insider Rewards Program Terms and Conditions by reference. Once you complete the registration process you will be enrolled in the Program, and a Program account (each, an "Account") will be created for you. All registration information listed as “required” must be completed in full. Accounts can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. You cannot have more than one Account. If you attempt to obtain more than one Account, Warner Bros. may terminate your membership and all Credits and Points in your Account may be forfeited. Additional or different eligibility criteria may apply to certain opportunities to earn Credits and Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program or claim Rewards. It is fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Credits and Points for combined use, unless such use is expressly permitted by Warner Bros.
2.2 For the sake of completeness, the Website's Terms of Use, located at http://www.warnerbros.com/#/page=terms-of-use/ and the Warner Bros. Privacy Policy, located at http://www.warnerbros.com/#/page=privacy-policy/are incorporated herein by this reference.
3. Earning Points and credits.
3.1 There are many ways to earn Credits and Points on the Website or through programs and invitations offered by the Program Entities either alone or in conjunction with Warner Bros.’ business partners. Some opportunities will provide you with the ability to earn Points, and others will provide you with the ability to earn Credits. Credits and Points are used for different types of Rewards. Some of the ways to earn Credits include the following:
3.1.1 Sweepstakes
From time to time, Warner Bros. may hold online (on the Website) or offline contests or sweepstakes tied into the Program (each, a “Program Sweepstakes” or “Program Contest”, and for ease of reference, collectively referred to herein as “Sweepstakes”). Credits may be earned in connection with some of the Sweepstakes, either as a bonus for entering, as a prize that can be won or otherwise. In each such Sweepstakes, the available prizes and the number of possible prize winners will be set out in the advertising or promotional materials soliciting entries for the Sweepstakes or the Credits -earning opportunity in question ("Promotional Materials"). Unless otherwise indicated in the Official Rules or Promotional Materials for the particular Sweepstakes, entry into one Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.
Sweepstakes offered on the Website will be subject to the Official Rules set forth in this Paragraph 3.1.1. In addition, if a Sweepstakes offered by any of the Program Entities has a set of Official Rules that apply specifically to that Sweepstakes, the terms of those specific Official Rules (as opposed to this Paragraph 3.1.1) will govern that specific Sweepstakes. By participating in any of the Sweepstakes that are offered, each entrant unconditionally accepts and agrees to comply with and abide by this Paragraph 3.1.1 and the decisions of Warner Bros., located at 4000 Warner Blvd., Bldg. 160 Burbank, California 91522, which shall be final and binding in all respects. For clarification and the removal of doubt, “Warner Bros.” shall include Warner Bros., its advertising/promotional and/or fulfillment agencies and their respective employees, officers, directors and agents. Sweepstakes are void where prohibited or restricted by law.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Eligibility: Sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia who are 13 years of age or older as of the time of entry. Children must get permission from their parent of guardian before entering. Officers, directors, and employees of the Program Entities and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse) and/or those living in the same household of any such employees, whether or not related, are ineligible to enter any of the Sweepstakes or win a prize.
How to Enter: To enter an online Sweepstakes you will need to interact with the online entry mechanic that has been set up for the Sweepstakes, which may take the form of an entry page on a website that is owned or controlled by a Program Entity or an applicable Warner Bros. business partner, a widget, a social networking page or some other mechanic (each, for ease of reference, referred to in this Paragraph 3.1.1 as a "Promotional Website") that asks for certain information in order to complete the entry. Any other methods of entry will be communicated on the Promotional Website or as part of the Promotional Materials soliciting entries for the Sweepstakes in question. Limit one (1) entry per person/per household and/or e-mail address or Account per day. The entry deadline for each Sweepstakes will be on the Promotional Website or in the corresponding Promotional Materials. All entries must be received before the applicable entry deadline in order to participate. The Promotional Website's database clock will be the official time keeper for online entries into each Sweepstakes. If you are not a Member at the time of entry, you can register to become one by accessing the Websitewww.WBInsiderRewards.com/ and returning to the Promotional Website to enter the applicable Sweepstakes.
NOTE: Any attempt by a member to obtain more than one (1) entry per day by using different/multiple e-mail addresses, identity, Accounts or any other methods will void all of that entrant’s entries. Internet entry must be made by the entrant, only at the applicable Promotional Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. The use of any device to automate the entry process is prohibited. Illegible and/or incomplete entries and entries submitted by Members who do not meet the Program requirements and/or the eligibility requirements of the applicable Sweepstakes (including all requirements with respect to age and residence) are void. Proof of entering information at the Promotional Website does not constitute proof of delivery or receipt. Warner Bros. and/or the applicable Program Entity reserve the right to modify the scheduling of a Sweepstakes without prior notification. All Entries become the sole property of Warner Bros. or the applicable Program Entity and will not be acknowledged or returned.
Winner Notification: The potential winner(s) of each Sweepstakes will be notified using the email address provided at the time of entry. The notification email may ask the winner (or, or if such winner is under the age of majority in his or her state of residence [a “minor”] such minor's parent or legal guardian) to provide contact information so that Warner Bros. can send the prize to the winner. Warner Bros. shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner does not respond within 48 hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with this Paragraph 3.1.1 or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. In the event of a dispute as to the identity of an entrant, the affected entry will be deemed submitted by the Account holder, provided such Account holder must still meet the eligibility requirements for the Sweepstakes. A potential winner may be requested to provide Warner Bros. with proof that the potential winner is the Account holder associated with the winning entry. If a dispute cannot be resolved to Warner Bros.' satisfaction, the affected entry will be deemed ineligible.
Prizes/Odds: The prizes that are offered in each Sweepstakes will be described in the Promotional Materials or otherwise as part of the Sweepstakes entry process. Prizes pictured or described on the Sweepstakes entry page in the Promotion Materials or otherwise are for illustrative purposes only. All aspects of prizes not otherwise described will be determined by Warner Bros. in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Warner Bros. reserves the right in its sole discretion to substitute prize(s) of comparable or greater value if any prize is unavailable, in whole or in part, for any reason. Odds of winning a Sweepstakes whose outcome is based on chance depend on the number of eligible entries received for that Sweepstakes.
General Prize Conditions: Prize winner is not entitled to any surplus between actual retail value of prize and stated approximate retail value (“ARV”) and any difference between stated ARV and actual value of the prize will not be awarded. Limit of one prize per person/Account per Sweepstakes. Each prize winner is responsible for paying any federal, state, provincial, VAT and/or local taxes and for any other fees or costs associated with the applicable prize. If required by law, as determined by Warner Bros. in its sole discretion, Warner Bros. reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States. The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner (or a minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), such winner may be disqualified and an alternate winner may be selected. Canadian residents may need to correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, prior to being declared a winner.
General Release: Participation in a Sweepstakes constitutes each entrant's permission for the Program Entities and those of Warner Bros.’ business partners, that are involved in the Sweepstakes in question, to use entrant's name, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of the prize(s) won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Program Entities and those of Warner Bros.' business partners, that are involved in the Sweepstakes in question shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Warner Bros. assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Promotional Website or participating in a Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Warner Bros. is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Warner Bros. reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Sweepstakes or the Promotional Website, to be acting in violation of this Paragraph 3.1.1, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Warner Bros. reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. Warner Bros. reserves the right to modify, extend, suspend, or terminate any Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Warner Bros.’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Warner Bros. will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described on the Sweepstakes entry page corresponding with a particular Sweepstakes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in this Paragraph 3.1.1, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. This Paragraph 3.1.1 cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Warner Bros. The invalidity or unenforceability of any provision of this Paragraph 3.1.1 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, this Paragraph 3.1.1 shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
Use of Personal Information: : In order to participate in a Sweepstakes, participants may be required to supply certain information about themselves on the Website. Any information submitted on the Website will be used by Warner Bros. for the purposes of administering the applicable Sweepstakes. The personal information collected at the Website will be processed and used in accordance with the WarnerBros.com Privacy Policy. The WarnerBros.com Privacy Policy can be found at http://www.warnerbros.com/#/page=privacy-policy/.
Caution: ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WARNER BROS. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Winner’s List: For any legally required winner’s list, send a self addressed stamped envelope with the name of the particular sweepstakes and “WB Insider Rewards Program Monthly Sweepstakes” Winner's List/Official Rules, c/o Warner Bros. Advanced Digital Services, 4000 Warner Blvd., Bldg. 168, Burbank, CA 91522. All requests must be received no later than thirty (30) days following the last entry date for the particular sweepstakes. Vermont residents need not affix postage. If Warner Bros. so elects the first name and last initial of the prize winners will be posted on the Website and/or the applicable Promotional Website.
Some of the ways to earn Points include the following:
3.1.2 Making a qualifying DVD or Blu-ray® Disc purchase or making purchases from www.WBshop.com. Please see www.WBInsiderRewards.com/ for a list of qualifying purchases and how to claim earned Points.
3.1.3 Submitting a qualified photo of up to four (4) theater admission tickets for each qualified Warner Bros. films purchased by you. To qualify, photos must be submitted using the interface located at: http://insiderrewards.warnerbros.com/members#rewards/movie-tickets. Photos must be submitted in PNG, TIFF, GIF or JPEG formats. All tickets submitted at one time should be included in a single photo. Photos must be in focus and each ticket should be legible within the photo. Each ticket may only be submitted once. Members may not share tickets and may not provide other members with copies of submitted photos for the purpose of submitting to the Program for Points. Duplicate tickets or photos submitted by any person or entity will be considered to have been fraudulently obtained and deemed void. Points will be awarded after verification by Warner Bros. and you will receive an email notifying you when the Points have been added to your member account. Please see www.WBInsiderRewards.com/ for a list of qualifying movies and how to claim earned Points.
3.2 The Program may award more than one type or "class" of Credits or Points. The number and type of Credits or Points that can be earned by participating in any opportunity to earn Credits or Points will be disclosed when the opportunity is presented. Warner Bros., in its sole discretion and without notice to you, reserves the right to change, convert, modify, add to, withdraw or cancel any type or class of Credits or Points and/or the type or level of Rewards that are offered (the foregoing collectively referred to as, "Reward Level"). In accumulating Credits and Points, you may not rely upon the continuation of Reward Levels.
4. REDEEMING POINTS AND CREDITS.
4.1 Members may redeem Credits and Points at the Website or other Warner Bros. websites or Warner Bros. partner websites. Instructions for redeeming Credits or Points will be disclosed when the redemption opportunity is presented. Warner Bros., in its sole discretion, may impose a limit on the number of Credits or Points in the aggregate or by type that may redeemed per Account, per day, per Reward or per any other generally-applicable metric that may be selected by Warner Bros. from time to time in its sole discretion.
4.2 Rewards are subject to availability as determined by Warner Bros. in its sole discretion. Warner Bros. reserves the right to modify, amend or revise the Rewards available. Members may not rely on continued Reward availability. Any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Warner Bros. or its designee or the third party business partner supplying the Reward. Rewards are non-assignable and non-transferable. Warner Bros. reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward is unavailable for any reason. Rewards pictured in Promotional Materials, point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only.
4.3 All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Warner Bros. in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Warner Bros. in its sole discretion, Warner Bros. reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
4.4 Credits and Points have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any Credits or Points used or obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Credits and Points must be redeemed in accordance with these Terms and Conditions. Neither Credits nor Points will be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Credits and Points cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion.
4.5 Members must save, where applicable, the original receipt(s), proof(s) of purchase, movie ticket stub(s) and the original official documents containing any code required to claim Credits or Points, for at least sixty (60) days after the date a Member redeems Credits or Points for Rewards. Warner Bros. reserves the right to require Member to submit such documents to Warner Bros. for verification before redemption is completed.
4.6 You can view your available Credits and Points by logging onto your Account
5. MODIFICATION AND TERMINATION.
5.1 Warner Bros. may modify any of these Terms and Conditions, including, but not limited to, the methods through which Credits and/or Points can be earned, how Credits and/or Points can be used, the types or "classes" of Credits and/or Points available, and the conditions under which Credits and/or Points may expire or be forfeited, at any time, with or without prior notice, even though these changes may affect a Member's ability to use the Credits and/or Points that he/she has already earned. The Program has no predetermined termination date and may continue until such time as Warner Bros. decides to terminate the Program. Warner Bros. may terminate the Program at any time, with notice on the Website and/or via email to the Member's email address currently on file with Warner Bros. for their Account.
5.2 Members will have a period of time selected by Warner Bros., which may be up to six (6) months from the date Program termination is announced, within which to use their remaining Credits and/or Points. Warner Bros. makes no representation or warranty about the number or type of Rewards that may be made available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announced. Any Credits and/or Points remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. Warner Bros. may cancel your membership, cancel accumulated Credits, and/or Points reduce the amount of Credits and/or Points in your Account or suspend your membership privileges at any time with immediate effect if Warner Bros. determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms and Conditions; (d) engaged in any fraud or abuse in earning or using Credits and/or Points; or (e) engaged in any conduct or act that otherwise causes Warner Bros. to terminate or suspend your access to the Website. Warner Bros. may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit Warner Bros. in its exercise of any legal or equitable rights or remedies.
5.3 Warner Bros. reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account at least once every six (6) months, or with such regularity deemed sufficient by Warner Bros. and announced from time to time on the Website.
5.4 Credits and Points expire if a Member's Account becomes inactive unless an earlier or later expiration date is expressly contemplated in the applicable Promotional Materials. An Account will be considered inactive if the Account Holder fails to earn Points or Credits for a period of twenty four (24) months, or with such regularity deemed sufficient by Warner Bros. and announced from time to time on the Website. Warner Bros. in its sole discretion may allow Members to prevent their Credits and Points from expiring by following Warner Bros.' instructions.
5.5 If Warner Bros. amends these Terms and Conditions, it will revise the "last updated" date located at the bottom of these Terms and Conditions. For changes to these Terms and Conditions that Warner Bros. considers to be material, Warner Bros. will place a notice on the Website by revising the link on the home page to read substantially as "Updated WB Insider Rewards Program Terms and Conditions" for up to sixty (60) days. If you continue to participate in the Program by earning Credits and/or Points, redeeming Credits and/or Points, logging into your Account or in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
6. GENERAL TERMS AND CONDITIONS.
6.1 ACCRUED CREDITS AND POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. WARNER BROS. MAY REVOKE CREDITS OR POINTS AT ANY TIME AS SET FORTH HEREIN. CREDITS AND POINTS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her Account is accurate and is kept current. If a Member believes that his/her Account does not properly reflect Credits or Points earned from engaging in any activities, the Member must contact Warner Bros. to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Warner Bros. reserves the right to seek damages from any such person to the fullest extent permitted by law. Warner Bros.' failure to enforce any of these Terms and Conditions shall not constitute a waiver of that the affected provision, or any other, provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Credits or Points, or a Member's compliance with these Terms and Conditions will be resolved by Warner Bros. in its sole discretion. Users can use the Contact Us information on the Website to raise issues relating to the Program and Warner Bros. will endeavor to respond to such communications.
7. PROGRAM MALFUNCTIONS AND CONDUCT.
7.1 The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Program is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Warner Bros. which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Warner Bros. reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Warner Bros. deems appropriate. In the event Warner Bros. is prevented from continuing with the Program 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 Warner Bros.' control (each a “Force Majeure” event or occurrence), Warner Bros. shall have the right to modify, suspend, or terminate the Program.
7.2 Any attempts by any Member to access the Program or Website via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. Warner Bros., in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program or the Website (ii) acting in violation of these Terms and Conditions (iii) violating the Terms of Service of the Website (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass Warner Bros., its representatives or any other Member in any manner related to the Program, or (vi) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Credits or Points.
8. LIMITATION OF LIABILITY.
8.1 This Program is provided on an "AS IS" basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Warner Bros. is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Reward. By participating in the Program, each Member accepts all responsibility for, and hereby releases, indemnifies and holds the Program Entities harmless from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party.
8.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT WARNER BROS. HAS IMPROPERLY DENIED THAT MEMBER ANY REWARD, LIABILITY WILL BE LIMITED TO AN EQUIVALENT REWARD. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN 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 WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT".
8.3 Notwithstanding any other provision of these Terms and Conditions, in the event there is a direct conflict between these Terms and Conditions and either the Website's or applicable Promotional Website's Terms of Service or the Website's or applicable Promotional Website's Privacy Policy, these Terms and Conditions will govern, control and prevail as to the Program, including but not limited to those Terms and Conditions dealing with limitation of liability, arbitration, governing law and jurisdiction.
9. GOVERNING LAW/JURISDICTION.
9.1 ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR THE PROGRAM ENTITIES IN CONNECTION WITH THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA, STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTIONS LAWS.
9.2 The state and federal courts located in Los Angeles, California shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms and Conditions, and by participating in the Program, each Member hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
9.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Last Updated: June 20, 2011.