Seize the Now - Media.Monks Cannes 2023 Giveaway Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO MEDIA/MARKETING INDUSTRY PROFESSIONALS WHO HAVE REGISTERED FOR THE CANNES INTERNATIONAL FESTIVAL OF CREATIVITY WHO ARE 18 YEARS OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC. OR GOOGLE LLC.

1. SPONSOR: The Media.Monks Cannes 2023 Giveaway” (“Promotion”) is sponsored and administered by Media.Monks Inc., 535 W 24th St 4th floor, New York, NY 10011, USA (“Sponsor”).

2. PROMOTION PERIOD: The Promotion will begin on June 19th, 2023, at 9:00 a.m. CEST at Les.Monks Cafe La Môme Plage, Bd de la Croisette, 06400 Cannes, France (the “Café”), and ends on June 23rd, 2023 at 11:59:59 pm CEST (“Promotion Period”). 

3. ELIGIBILITY: This Promotion is offered only to media and marketing industry professionals who have registered for the Cannes International Festival of Creativity who are eighteen (18) years or older at the time of Entry (“Eligible Person”). Employees, contractors, agents, directors, and officers of Sponsor and each of its parent, subsidiaries and affiliates, distributors, sales representatives, retailers, advertising, and companies involved in the implementation and execution of the Promotion (collectively, “Promotion Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate. Void where prohibited or restricted by law. By participating in this Promotion, an individual who meets the eligibility requirements and participates agrees to be bound by these official rules (“Official Rules”) and agrees that the decisions of Sponsor shall be final and binding in all matters pertaining to the Promotion.

4. HOW TO ENTER: To enter, an Eligible Person must (i) download the Seize the Now - Media.Monks app (the “App”) which will be available for download via the App Store, or QR codes located in and near the Café during the Promotion Period, (ii) open the App near the Café to activate the AR experience and follow the prompts to release an idea balloon to float in the sky and tap the screen to move the idea balloon towards the “NOW” sign that appears in the App above Les.Monks Café to receive a prompt to submit an entry into the Promotion (each, an “Submission”). For each completed Submission, Eligible Person shall receive one (1) entry into the Promotion (“Entry”). Upon submission of an Entry, Eligible Person will be entered into the Promotion (each, an “Entrant”). By participating, Entrant understands that they are providing their information to Sponsor. 

Verification of each Entry is at the sole discretion of Sponsor. Those who do not follow all of the instructions, provide the required information in their registration form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. 

5. ODDS: Odds of winning depend on the total number of eligible Entries received during the Promotion Period.    

6. SELECTION AND NOTIFICATION: On or about July 7, 2023 before approximately 5:00pm CEST , Sponsor will randomly select one (1) potential winner from among all eligible Entries received by Sponsor in accordance with these Official Rules during the Promotion Period. All drawings are final and binding in all matters relating to this Promotion. The potential winner will be notified by email with further instructions on how to claim the Prize (defined below). Within seven (7) days of Sponsor’s notification, potential winner eligible for a Prize must supply Sponsor with any requested information for the administration of the Promotion. Potential winner is subject to verification, including verification of age.  If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if Prize notification is returned as undeliverable, the potential winner will be disqualified.  In the event that a potential winner is disqualified for any reason, or fails to supply Sponsor with the requested information within seven (7) days, Sponsor reserves the right to select an alternate potential winner chosen by random draw. Potential winner may be required to sign and return within forty-eight (48) hours an Affidavit of Eligibility, and a Publicity Release where allowed by law (“Winner Documents”) as well as an IRS Form 1099, where applicable. In the event that (i) there is no response to said notification within the specified time period, (ii) if a potential winner cannot be contacted for any reason, (v) the Winner Documents are not returned to Sponsor within the specified time period, or (vi) if a potential winner does not comply with these Official Rules, they may, at Sponsor’s sole discretion, be disqualified, and the Prize (defined below) they may have been entitled to will be forfeited. If a Prize is declined or forfeited for any reason, an alternate potential winner may be selected in a random drawing from all remaining Entries received during the Promotion Period. An Entrant is not a winner of any Prize unless and until Entrant's eligibility has been verified and Entrant has been notified that verification is complete. Sponsor’s decisions are final in all matters relating to this Promotion.    

7. PRIZE: There will be one (1) prize, a one-on-one virtual meet and greet in English with Sir Martin Sorrell (“Host”), consisting of up to a thirty (30) minute professional conversation and subject to scheduling limitations (“Prize”). No cash value and no substitutions or modifications. Sponsor reserves the right to substitute the prize at its sole discretion. Unclaimed prizes will not be awarded. 

8. PUBLICITY: Acceptance of a Prize constitutes a winner’s consent to Sponsor’s and its agents’ use of the winner’s name, city, state, likeness, photograph, and/or voice for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereinafter developed, without limitation and without payment, notification, permission or other consideration, except where prohibited by law. 

9. TAXES: Sponsor makes no representations about the tax consequences of being selected as the winner and receiving a Prize. No part of the Prize or its equivalent cash value will be subject to withholding by Sponsor for the payment of any taxes. Sponsor will report amounts received by an Entrant who is randomly chosen to be a winner and receives a Prize by filing Form 1099 MISC with the Internal Revenue Service as required by law. Winner must provide the Sponsor with valid identification and a signed IRS Form W-9 before the Prize will be awarded.  By participating in this Promotion, Entrants agree that they will be solely responsible for all (i) all applicable federal, state, and/or local taxes, and for any fees or costs associated with the Prize awarded, and (ii) reporting and paying any and all applicable taxes. You must contact your own tax advisor for any questions concerning taxes. 

10.  OTHER CONDITIONS.  Sponsor reserves the right, at its sole discretion, to modify or suspend this Promotion or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, (b) the Promotion or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Promotion is otherwise not capable of running as planned by Sponsor.  In the event of modification or suspension, Sponsor shall award the Prize to Entrants to be selected in random drawings from among the remaining uncorrupted eligible entries.  Any Entrant who attempts to tamper with this Promotion in any way shall be disqualified.  In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry.  “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.  In the event, for whatever reason, the meet and greet with the Host is canceled or the winner fails to appear for the meeting as instructed, the experience will not be awarded and Sponsor will not provide any compensation or substitution for the Prize or any portion of the Prize. Additional restrictions may apply.

11. LIMITATION OF LIABILITY: By participating in this Promotion, Entrants agree to release and hold harmless the Promotion Entities, Apple Inc., Google LLC and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and their respective officers, directors, employees, representatives, designees and agents (the “Released Parties”) from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Promotion or acceptance or use of any Prize or participation in any Promotion-related travel or other activity and for any claims based on publicity rights, defamation, or invasion of privacy.  The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. Without limiting the generality of the above, the Released Parties are not responsible for: (1) late, incomplete, stolen, misdirected, undeliverable email notifications; (2) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; (3) garbled, corrupt or jumbled transmissions, service provider/Internet/website accessibility, availability or traffic congestion; (4) any technical, mechanical, printing or typographical or other error; (5) unauthorized human intervention in any part of the Promotion; (6) technical or human error which may  occur in the administration of the Promotion or the processing of Entries; (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or Prize activity.  The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website or any Promotion-related website(s) or materials. Without limiting the foregoing, all elements of or relating to this Promotion is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or noninfringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

By entering the Promotion, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion, including any injury that arises as a result of receipt or use of a Prize or any component thereof; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, including but not limited to, personal injury, death, or loss or damage, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof (including without limitation any travel), and the Entrant’s Entries, participation, or inability to participate in the Promotion; (b) the violation of any third-party trademark, license, privacy, personal, publicity or proprietary rights or any other rights of any third party; (c) typographical or printing errors in these Official Rules or any Promotion-related materials; (d) acceptance and/or receipt of any Prize or any component thereof; (e) any change in prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action[s], regulation[s], order[s] or request[s] prove[s] to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Entry; (i) any technical malfunctions or unavailability of a website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption or inability to access the Promotion or any online service via the Internet due to hardware or software compatibility problems; and (k) any liability for taxes as a result of receiving a Prize.

12. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal and state courts located in the State of New York, USA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and 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 laws principles. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.

13. DATA USE: Any personal data collected during an Entrant’s participation in the Promotion will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with and for purposes disclosed in Sponsor’s Privacy Policy as stated at https://media.monks.com/privacy-policy . By participating in the Promotion, Entrants hereby agree to Sponsor's collection and usage of their personal data and acknowledge that they have read and accepted Sponsor's Privacy Policy. The information that the Sponsor collects from an Entrant may be transferred, processed and stored outside the European Economic Area and Entrant consents to such processing.

14. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor reserves the right to disqualify any Entry in the Promotion or entitlement to a Prize if, in the sole discretion of the Sponsor, it determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Entries by any means which subvert the entry process). All Entries and/or materials submitted will not be returned. In the event of any conflict with any details contained in these Official Rules, the details of the Promotion as set forth in these Official Rules shall prevail. Sponsor reserves the right to modify, suspend, cancel or terminate the Promotion in its sole discretion. This Promotion is subject to all applicable federal, state and local laws and regulations.

15. WINNERS LIST: For a list of the winner, please contact the Sponsor at the contact information above.