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Terms and Conditions X

Effective Date: November 10, 2021.

1. Introduction and Overview

These Terms of Use ("Terms") set forth a legally binding agreement between you and MGA Entertainment, Inc. ("MGA", "we", "our", or "us"), and govern your use of https://www.lolsurprisemoviemagiccontest.com and any other webpages associated with the L.O.L. Surprise! Movie Magic Contest (U.S.) (the "Contest") that post a link to these Terms (the "Website").

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE AGREEMENT TO ARBITRATE DISPUTES BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

These Terms and separate terms elsewhere on the Website will apply to your use of the Website ("Additional Terms"). To the extent there is a conflict between these Terms and any applicable Additional Terms, including but not limited to the Official Rules for the Contest, the Additional Terms will control unless they expressly state otherwise.

By using the Website, you agree to these Terms, and consent to the collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Website.

2. Website Use

A. Content.

The Website contains: (i) materials and other items relating to MGA and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of MGA; and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). All right, title, and interest in and to the Website and the Content is the property of MGA or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

B. Limited License.

Subject to your strict compliance with these Terms and any applicable Additional Terms, MGA grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a "Device") and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in MGA's sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

C.Restrictions.

You may not use the Website unless you are at least the age of majority in your jurisdiction or (18) years old or older.

You may not: (i) use the Website or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Website or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else's privacy, or otherwise objectionable to MGA; (iii) harvest any information from the Website or Content; (iv) reverse engineer or modify the Website or Content; (v) interfere with the proper operation of or any security measure used by the Website or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Website or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Website and Content.

D.Availability.

MGA may suspend or terminate the availability of the Website and Content, in whole or in part, to any individual user or all users, for any reason, in MGA's sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Website, or upon notice from MGA, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Website and Content.

E.Reservation of Rights.

All rights not expressly granted to you are reserved by MGA and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Website for any purpose is prohibited.

3. 3.Contest Entry and Unsolicited Submissions.

When you submit your video entry and other information via this Website or via Instagram, ("Entry") or when you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content through or relating to the Website (collectively "Submissions"), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Entry or Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Entry or Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Entry or Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. Additional Terms may apply with respect to your Entry.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

4. Copyright Infringement.

A.DMCA Notification.

MGA responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
  • Your contact information, including your address, telephone number, and an e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent is:
DMCA Agent
IInfringement@mgae.com

You can obtain further information from the Copyright Office's online directory at www.dmca.copyright.gov/osp.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

B.Counter Notification.

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

  • A physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which MGA may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to counter notifications in accordance with the DMCA.

5. Customer Support.

If you have any questions or comments, please send an e-mail to us at contact1@mgae.com. You acknowledge that the provision of support is at MGA's sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: generalcounseldistribution@mgae.com. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. 6.Third Party Services.

Our Website contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties ("Third Party Services"). We may also integrate third party technologies into our Website and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

7. Website Features.

A.Wireless Device Features.

The Website may offer features that are available to you via your wireless Device including the ability to access the Website's features and upload content to the Website. By using the Website, you agree that MGA or its service provider may collect information as described in our Privacy Policy, which includes information related to your use of the Services via your wireless Device, and that MGA may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Website. Data rates and other carrier fees may apply.

8. Agreement to Arbitrate Disputes and Choice of Law.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

A.We Both Agree to Arbitrate.

You and MGA agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate MGA's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances MGA may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

B.What is Arbitration.

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

C.Arbitration Procedures.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or MGA must do the following things:

  • Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
  • Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
  • Send one copy of the demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. The arbitration hearing may be by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer's home address or, at the consumer's election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys' fees). Arbitration under this agreement shall be held under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D.Authority of Arbitrator.

The arbitrator will decide the rights and liabilities, if any, of you and MGA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MGA.

E.No Class Actions.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

F.Representative PAGA Waiver.

Notwithstanding any other provision of these Terms or the Agreement to Arbitrate, to the fullest extent permitted by law: (1) you and MGA expressly intend and agree not to assert a representative action on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and MGA agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "representative PAGA Waiver"). Notwithstanding any other provision of these Terms, this Agreement to Arbitrate, or the Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Agreement to Arbitrate or the requirement that any remaining disputes be arbitrated on an individual basis pursuant to the Agreement to Arbitrate; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those disputes, the Parties agree that litigation of those disputes shall be stayed pending the outcome of any individual disputes in arbitration.

G.Exceptions to Arbitration.

This Agreement to Arbitrate shall not require arbitration of the following types of disputes: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction; or (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA.

H.Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and MGA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MGA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

I.Choice of Law/Forum Selection.

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles, CA.

J.Opt-Out of Agreement to Arbitrate.

You can decline this Agreement to Arbitrate by emailing MGA at generalcounseldistribution@mgae.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the Website.

9. Disclaimer of Representations and Warranties.

THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER MGA NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "MGA PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM MGA INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

10. Limitations of Our Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MGA PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE WEBSITE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE WEBSITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM MGA INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

11. Indemnification.

You agree to defend, indemnify and hold harmless the MGA Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys' fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Website; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Website; or (vii) any misrepresentation made by you. MGA reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with MGA's defense of any claim. You will not in any event settle any claim without the prior written consent of MGA.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.

12. Waiver of Injunctive or other Equitable Relief.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MGA OR A LICENSOR OF MGA.

13. Updates to Terms.

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Website so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Website.

14. General Provisions.

A. Consent or Approval.

No MGA consent or approval may be deemed to have been granted by MGA without being in writing and signed by an officer of MGA.

B.Survival.

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Website, including sections on Website Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Website Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

C.Severability; Interpretation; Assignment.

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. MGA may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of MGA.

D.Complete Agreement; No Waiver.

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Website and supersede any prior agreements, representations, warranties, assurances or discussion related to the Website. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or MGA in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

E.International Issues.

MGA controls and operates the Website from the U.S., and MGA makes no representation that the Website is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Website. Software related to or made available by the Website may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

F.Investigations; Cooperation with Law Enforcement.

MGA reserves the right to investigate and prosecute any suspected breaches of these Terms or the Website. MGA may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

G.California Consumer Rights and Notices.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

Privacy Policy X
Privacy Policy

Effective Date: November 10, 2021.

1. Introduction and Overview

This Privacy Policy describes how MGA Entertainment, Inc. ("MGA," "we," "our," or "us") collects, uses, and shares information about you as well as your rights and choices regarding such information. It applies only to www.LOLSurpriseMovieMagicContest.com and any other webpages associated with the L.O.L. Surprise! Movie Magic Contest (the "Contest") that post a link to this Privacy Policy (the "Website").

The Website is hosted and run on behalf of us by Votigo, Inc. ("Votigo") Votigo is the contest administrator of the Contest and therefore collects the data shared by you on the Website for the purposes set out in this policy, on our behalf.

By using the Website, including by submitting a video entry, you agree to our Terms of Use, to the Official Rules for the Contest, and to data practices as described in this Privacy Policy. If you do not agree, discontinue use of the Website.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the "Contact Us" section. If you are California resident please see the additional disclosures at the end of this Privacy Policy.

2. Policy toward Children

The Website is intended for parents and legal guardians only. Children are prohibited from using the Website or entering the Contest, and we do not knowingly collect personal information (as defined by the U.S. Children's Privacy Protection Act, or "COPPA") from children. We do not knowingly "sell," as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

If you are a parent or guardian and believe personal information was collected on this Website and/or in connection to the Contest in violation of COPPA, contact Votigo at support@votigo.com. Votigo will remove the personal information in accordance with COPPA.

3. Information Collection

A. Information Collected Automatically through the Website.

Certain information is automatically collected when you visit the Website. The categories of information that are automatically collect include:

  • Website Use Data, including data about the pages you visit, the time of day you browse, and your referring and exiting pages.
  • Device Data, including data about the type of device or browser you use, your device's operating software, your internet service provider, your device's regional and language settings, and device identifiers such as IP address.
  • Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level).

The technologies that are used to automatically collect this information include:

  • Cookies, which are small data files stored on your device that act as a unique tag to identify your browser. There are two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience and supporting security features. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.

For further information on how these technologies are used for analytics purposes, and your rights and choices regarding them, see the "Analytics and Advertising" and "Your Rights and Choices" sections below.

B. B.Information You Provide in Connection with the Contest.

Certain information will be collected when you enter the Contest. There are two methods through which you may enter the Contest:

  • Entry through the Website: You may enter the Contest by uploading a video through the Website. When you enter the Contest through the Website, you will be asked to provide your first name, date of birth, email address, and the state in which you reside. In addition, you will be asked to upload a video for entry in the Contest a video description and a title for your video.
  • Entry through Instagram: You may enter the Contest by uploading a video through Instagram and posting a hashtag along with the video. When you enter through Instagram, you may also be required to enter through the Website, where some or all of the information indicated above will be collected including your Instagram social handle. Please note that when you enter through Instagram, your username, the post which you tagged with the contest hashtag, and other information related to your Instagram account, may also be collected, subject to Instagram's terms of service. Instagram may collect information from you separately and we encourage you to review Instagram's privacy policy for information regarding their data practices

In the event that you are selected as a Contest winner, additional information may be collected from you, including your Social Security Number.

In addition, the content of any messages that you send to us (such as feedback and questions to customer support) may also be collected.

You may choose to voluntarily provide other information that we do not request, and, in such instances, you are solely responsible for such information.

C. Information from Other Sources.

In certain circumstances, certain other information may be collected about you from other sources, such as publicly-available sources. To the extent that information is combined with information subject to this Privacy Policy, we will treat the combined information in accordance with this Privacy Policy.

4. Use of Information

Information is collected for business purposes in accordance with the practices described in this Privacy Policy. The purposes for collecting and using information, include:

  • Operating and managing the Website and the Contest.
  • Performing services requested by you, such facilitating your participation in the Contest, or responding to your comments, questions, and requests, and providing customer service.
  • Conducting the Contest, including verifying your eligibility and delivering prizes in connection with your entry.
  • Sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
  • Preventing and addressing fraud, breach of policies or terms, and threats or harm.
  • Monitoring and analysing trends, usage, and activities.
  • Improving the Website.
  • Fulfilling any other purpose at your direction.
  • With notice to you and your consent.

Notwithstanding the above, information that does not identify you (including information that has been aggregated or de-identified) may be used for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how information about you may be used, please see the "Your Rights and Choices" section below.

5. Sharing of Information

Information collected will be shared in accordance with the practices described in this Privacy Policy. The categories of parties with whom information may be shared include:

  • Service Providers. Information may be shared with service providers that process information on our behalf. Service providers assist us with services such as data analytics, website hosting, and technical support.
  • Vendors and Other Parties. Information may be shared with vendors and other parties for analytics related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on analytics, see the "Analytics and Advertising" section below.
  • Affiliates. Information may be shared with our affiliates and related entities, including where they act as our service providers or for their own internal purposes.
  • Contest Partners. By participating in the Contest, you agree to the Official Rules that govern the Contest, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
  • Public Sharing. Your videos may be used and shared as set forth in our Terms of Use and the Official Rules. Please think carefully before making information public as you are solely responsible for any information you make public.
  • Merger or Acquisition. Information may be shared in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
  • Security and Compelled Disclosure. Information may be shared to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Information may additionally be shared to protect the rights, property, life, health, security and safety of us, the Website or anyone else.
  • Facilitating Requests. Information may be shared at your request or direction.
  • Consent. Information may be shared with notice to you and your consent.

Notwithstanding the above, information that does not identify you (including information that has been aggregated or de-identified) may be shared except as prohibited by applicable law. For information on your rights and choices regarding how information may be shared about you, please see the "Your Rights and Choices" section below.

6. Other Parties

We may include links on our Website to, or post our content on, services operated or controlled by other parties. Please note that when you interact with other parties, such as Facebook with Instagram, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use. Instagram's "Data Policy" is available here.

7. Analytics and Advertising

Analytics services, such as Google Analytics, are used to help us understand how users access and use the Website. In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services.

As indicated above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

For further information on the types of technologies used on the Website and your rights and choices regarding analytics, please see the "Information Collected Automatically" and "Your Rights and Choices" sections.

8. Your Rights and Choices

A. Technology Choices

  • Cookies. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
  • Do Not Track. Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to "Do Not Track" signals. For more information on "Do Not Track," visit http://www.allaboutdnt.com.

Please be aware that if you disable or remove technologies some parts of the Website may not function correctly.

B. Analytics

Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities' statements regarding their opt out options or programs.

9. Data Security

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

10. International Transfer

We are based in the U.S. and the information that is collected through this Website is governed by U.S. law. If you are accessing the Website from outside of the U.S., please be aware that information collected through the Website may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Website or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy.

11. Changes to this Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Website indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address.

12. Contact Us

If you have any questions about this Privacy Policy or our data practices, or have difficulty accessing the information in this Privacy Policy, please contact us:

By email:
support@votigo.com

By mail:
Votigo, Inc
1630 30th St
STE A593
Boulder CO 80301

13. Additional Disclosures for California Residents

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to know and delete, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

A. Notice of Collection

Votigo collects, on our behalf, and has collected in the prior twelve months, the following categories of personal information listed in the CCPA:

  • Identifiers, including your name, child's name, email address, Instagram username, and online identifiers (such as IP address).
  • Characteristics of protected classifications under California or federal law, including date of birth and age.
  • Commercial or transactions information, including records of products or services purchased, obtained, or considered.
  • Internet activity, including browsing history, and interactions with our Website.

For further details on information we collect, including the sources from which we receive information, review the "Information Collection" section above. We collect and use these categories of personal information for the business purposes described in the "Use of Information" section above.

Votigo does not "sell" (as interpreted under the CCPA) personal information collected in accordance with this Privacy Policy. Please review the "Sharing of Information" section above for further details about the categories of parties with whom we share information.

B. Right to Know and Delete

You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:

  • The categories of personal information collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of your personal information disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information collected about you.

In addition, you have the right to delete the personal information collected from you.

To exercise any of these rights, please submit a request by email at support@votigo.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

C. Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and verify your identity directly.

D. Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

E. Financial Incentives

Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them. To the extent your entry in the Contest is considered a financial incentive, we will comply with the CCPA as to such activity. You may withdraw from the Contest by contacting Votigo as set forth in the "Contact Us" section above and stating that you wish to withdraw.

F. Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties' own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in "Contact Us" above and specify that you are making a "California Shine the Light Request." Additional information may be required from you to allow verification of your identity and a response to requests is only required once during any calendar year.

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