Pitch Terms and Conditions
Season 13 May 30-June 2, 2024 Austin, Texas
These Terms and Conditions (these “Terms”) apply to any individual (hereinafter, “you” or “your”) who wishes to submit an entry to The Pitch Competition (the “Competition”) at ATX TV Festival, Season 13 (also known as the 2024 ATX TV Festival) (the “Festival”). You understand that these Terms are a legally binding contract that governs your entry and participation in the Competition. PLEASE READ THESE TERMS CAREFULLY, AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 12 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
1. COMPETITION SPONSOR AND WEBSITE: The sponsor of the Competition is ATX TV, with a registered address of 5301 Southwest Parkway, Suite 400, Austin, TX 78735 (“Sponsor”). The url for the Competition website is https://atxfestival.com/pitch (“Website”).
2. COMPETITION TIMING: The entry submission period for eligible entrants to the Competition begins October 16, 2023 at 09:00:00 a.m. CT and ends on January 19, 2024 at 11:59:59 p.m. CT (“Entry Submission Period”). ALL ENTRIES MUST BE RECEIVED BY JANUARY 19, 2024 AT 11:59:59 p.m. CT. Sponsor’s computer is the official time-keeping device for the Competition. Unless otherwise indicated, all times in these Terms are expressed in Central Time (CT).
3. ELIGIBILITY: The Competition is open only to individuals who at the time of entry are legal residents of one of the fifty United States or the District of Columbia and who have reached the age of majority in their state at the time of entry . Persons in any of the following categories are NOT eligible to participate: any person who, at any time on or after October 1, 2013, was or is a director, officer, employee of Sponsor or its parents, subsidiaries, divisions, or affiliated companies, dealers, or service agencies, independent contractors, partners, representatives, web hosting or service or fulfillment providers, including, without limitation, sponsors, including, without limitation, Canva Pty Ltd., Competition judges (collectively, the “Competition Entities”) and their immediate family (defined as spouse, parents and step-parents, siblings and step-siblings, and children and step-children or dependent or spouse of any of the foregoing) and household members (people who share the same residence at least three (3) months out of the year), or any person who was a previous grand prize winner of the Competition. Persons who are under contract with any person or entities that would prohibit them from submitting an entry, participating in any activity and/or granting the rights set forth herein in connection with their entry and/or entering into an agreement with Sponsor without additional compensation are also not eligible to enter or win. The Competition is subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico and all other U.S. and foreign territories and possessions, and wherever else prohibited or restricted by law. Sponsor’s decisions are final and binding in all matters related to the Competition. Winning a prize shall be based on skill and contingent upon fulfilling all requirements set forth herein. The Competition will be limited to a maximum of five hundred (500) qualified Entries (as defined below) from eligible entrants. This means that, upon Sponsor receiving an amount equal to five hundred (500) of qualified Entries from eligible entrants, the Competition shall be closed to new Entries, notwithstanding the Entry Submission Period set forth above.
4. HOW TO ENTER/ENTRY FEE:
Entry to the Competition requires payment to Sponsor of an entry fee as follows (as applicable, the “Entry Fee”):
During the period between October 16, 2023 at 09:00:00 a.m. CT and December 1, 2023 at 11:59:59 p.m. CT (the “Early Bird Submission Period”), the Entry Fee shall be FORTY FIVE DOLLARS (US$45.00); and
During the period between December 2, 2023 at 12:00:00 a.m. CT and January 12, 2024 at 11:59:59 p.m. CT (the “Regular Submission Period”), the Entry Fee shall be SIXTY FIVE DOLLARS (US$65.00); and
During the period between January 13, 2024 at 12:00:00 a.m. CT and January 19, 2024 at 11:59:59 p.m. CT (the “Late Submission Period”), the Entry Fee shall be EIGHTY FIVE DOLLARS (US$85.00).
In addition to the Entry Fee, entry to the Competition requires submission of the following: (i) a completed application form for the Competition (the “Completed Form”), (ii) a video, no longer than ninety (90) seconds in length, describing your original pitch for a scripted (non-reality) television series (the “Video Pitch”), and (c) a ten (10) page script sample from the series being pitched as part of the Pitch (the “Script Sample”), in each case, pursuant to and as further described in these Terms and the detailed instructions set forth on the Website.
Successful submission by an eligible entrant of the Entry Fee, the Completed Form, the Video Pitch and the Script Sample pursuant to Sponsor’s instructions shall constitute such entrant’s “Entry” to the Competition. The Script Sample must be an original piece of writing by the Entrant.
Any form of entry other than that described herein is void. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations or entries, which will be disqualified.
There will be three rounds (each, a “Round”) of evaluation based on the Judging Criteria for the selection of Semi-Finalists, Finalists, Runners-Up and Grand Prize Winner. Selection of the Grand Prize Winner from among the Finalists shall take place during the Festival, which takes place in Austin, Texas from May 30 – June 2, 2024. Each Finalist will make a verbal presentation of his/her/their Pitch, not to exceed four (4) minutes (the “Live Pitch”).
Entries may be submitted by individuals or by groups (each, an “Entrant”). A group may have no more than three individual participants. An individual may join more than one group. There is no limit to the number of Entries that a person may submit during the Entry Submission Period, but each Entry must be separate and distinct from any other Entry submitted by that Entrant, and each Entry shall require the payment of an additional Entry Fee (i.e., submitting three Entries during the Regular Submission Period would require a payment of the applicable Entry Fee of US$65.00, for a total payment of US$195.00). If an Entrant submits more than one Entry, only one of Entrant’s Entries can advance to the next round of the Competition. An individual who enters as part of a group may also submit one or more individual Entries. Each Entry will be deemed to have been submitted by the authorized account holder of the email address from which the Entry was sent. An email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account.
If submitting as part of a group, each group shall appoint one individual (the “Representative”) to represent and act, including submitting the Entry, on behalf of such group. The Representative must meet the eligibility requirements for an individual Entrant and must be authorized to submit on behalf of the group. The Representative represents and warrants that he/she/they is authorized to act on behalf of the group; and that each member of the group agrees to abide by these Terms. In the event of a dispute, the Representative will be deemed to be the authorized account holder of the email address from which the Entry was sent. In the event an Entry submitted by a group is selected as a Semi-Finalist, Finalist, Runner-Up, or Grand Prize Winner, (i) each individual in the group must be an active participant in the Pitch AND credited as a co-writer/creators of the series, and (ii) each individual (satisfying the winner notification, verification, and documentation conditions set forth in these Terms) shall receive the applicable prize.
5. GUIDELINES FOR ENTRIES:
The Script Sample component of the Entry must be an original piece of writing by the Entrant that is ten (10) typed pages (not counting the title page), in English, and submitted as a .pdf file via the Website.
The Video Pitch component of the Entry must be no longer than ninety (90) seconds, be presented (primarily) in English, and be submitted (via digital upload) pursuant to the instructions provided on the Website.
The Entry must include the applicable Entry Fee (i.e., $US45.00 for an Entry submitted during the Early Bird Submission Period, $US65.00 for an Entry submitted during the Regular Submission Period), and $US85.00 for an Entry submitted during the Late Submission Period).
No component of the Entry may contain material that violates or infringes another person or entity’s rights, including but not limited to privacy, publicity or intellectual property rights, including trademark, copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, quotes from other people, or parodies of other people).
The Entry and Live Pitch must not disparage Sponsor, any Competition Entity, or any other person or party associated with the administration of this Competition.
The Entry and Live Pitch must not contain material that Sponsor deems in its sole discretion to be indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous; or that Sponsor deems to promote bigotry, racism, activities that are unsafe, hatred or harm against any group or individual, or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
Sponsor reserves the right, in its sole discretion, (i) to disregard minor deviations from the guidelines in otherwise compliant Entries; and/or (ii) to obscure, remove, blur, or otherwise edit such elements; or to ask the applicable Entrant to obscure, remove, blur, or edit such elements in otherwise compliant Entries, and to consider any such edited Entries as eligible for the Competition.
6. SELECTION OF WINNERS:
Judges. For each Round, a panel of 3 – 6 (or more) people selected by Sponsor (“Judges”) will evaluate the eligible Entries for the Round and will select the Entries to advance to the next Round. The Judges will consist of television industry writers, showrunners, executives, and other current and former industry professionals, including those educated in the field of Radio-TV-Film.
- Judging Criteria. For each Round, the Judges will assign Entries a score ranging from a low of one (1) point to a high of five (5) points for each of the following skill-based criteria (“Judging Criteria”):
- Description of characters:
The protagonist(s) is clearly identifiable.
The relationships between the characters or the character's "want" is intriguing and/or relevant to the story.
The concept (plot) of the series is clearly communicated.
The tone (or genre) of the series is clearly identifiable.
- Story Relevance:
The pitcher stated a clear connection to the story (why they should be the one to tell it).
There is a clear reason why the story is relevant today.
- Series Potential:
This series has strong episodic potential.
There is an audience for this series.
This is an original story idea.
- Clarity and Conciseness of Pitch
- Script Sample (Round 2)
Does the script sample provided enhance the Pitch’s episodic potential? (i.e. Does the writing bring clarity to and/or reinforce the story’s world, characters, concept, and tone?)
Does the script sample provided showcase the Entrant’s ability to write the story being pitched?
In the event of a tie for a Semi-Finalist, Finalist, Runner-Up, or Grand Prize Winner, the potential winner as between any Entrants will be the Entry with the higher score for criteria one – Series Potential. Thereafter, if a tie still remains among any Entries, the potential winner will be selected based on the highest score for the subsequent criteria until the potential winner is determined – with the subsequent order of tie-breaking criteria to be as follows: criteria two-Description of the characters; then criteria three-Concept/Tone, then criteria four-Relevance, criteria five-Clarity and Conciseness of Script, and then criteria six-Script Sample.
- Description of characters:
- Evaluation Rounds
Round One. Open Submissions. Selection of Semi-Finalists. Each eligible Entry submitted during the Entry Submission Period shall be evaluated by the Judges using the Judging Criteria, and on or about March 8, 2024, the Judges will select a minimum of fifteen (15) Entries (“Open Submission Selectees”) to advance to the Semi-Finals Round of the Competition.
Round Two. Selection of Finalists. Using the Judging Criteria, on or about April 12, 2024, the Judges will select ten (10) Potential Finalists from the pool of maximum thirty-five (35) Semi-Finalists. The pool from which the Judges shall select the Potential Finalists consists of the Open Submissions Selectees from Round One, as well as maximum twenty (20) entries selected through (i) The Black List Competition, (ii) the Sundance Institute Episodic Program, and (iii) Inevitable Foundation. To become a Finalist, the Potential Finalist must confirm attendance at the Festival and return other Finalist Documents no later than 11:59:59 p.m. CT on April 26, 2024. Sponsor reserves the right, but is not obligated, to invite a Semi-Finalist(s) to replace any Finalist(s) who is/are unable or unwilling to attend the Festival or who does not confirm by the stated deadline.
Round Three. Selection of Grand Prize Winner and Runner-Ups. Selection of the Grand Prize Winner will take place during the Festival from May 30 – June 2, 2024, in Austin, Texas. Finalists will be invited to the Festival to present their Live Pitch in front of the Judges and a live audience. Using the Judging Criteria, the Judges will evaluate the Entries and Live Pitch of the Finalists, and select one (1) Grand Prize Winner, and one (1) Runner-Up.
Winner Lists. Each Semi-Finalist, Finalist, and Grand Prize Winner may be called a “Winner.” Winners’ names will be listed on the Website as follows: Semi-Finalists on or about March 8, 2024; Finalists on or about April 12, 2024; and the Grand-Prize Winner and Runners-Up on or about June 2, 2024.
Winner Notification, Verification, and Documentation. Sponsor will notify each potential Winner using the contact information included as part of the potential Winner’s Entry. Potential Winners must continue to comply with all provisions of these Terms, and award of a prize is contingent upon fulfilling all requirements. Sponsor reserves the right to ask each Potential Semi-Finalist and Potential Finalist to present proof of eligibility and satisfy other conditions provided in these Terms to be declared a Finalist, Grand Prize Winner, or Runner-Up and to be awarded a prize. Potential Semi-Finalists and Potential Finalists must execute and deliver to Sponsor requested documents via e-mail within five (5) calendar days following an attempted notification. Such documents may include: (i) affidavits confirming eligibility and compliance with these Terms, (ii) liability releases, (iii) publicity releases (where permitted), (iv) license in which the Entrant warrants that the Entrant is the owner of the Entry (and all the intellectual property rights in therein), and (v) such other documents and personal information as may be reasonably requested by Sponsor. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Competition, forfeit of the prize, and selection of an alternate potential winner. Sponsor is not responsible for suspended or discontinued Internet or wireless phone service that may result in a potential Winner or alternate not receiving a notification. A Potential Winner’s non-receipt of a message from Sponsor for any reason shall not impose any liability on Sponsor.
7. PRIZES: Prizes are non-transferable. No cash equivalent for the prizes will be offered and no other substitution or transfer of prizes shall be permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute prizes of equal or greater value, at its sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prizes do not include travel, transportation, accommodations or related costs. All prize details will be determined by Sponsor in its sole discretion and will be final and binding on all Entrants. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Sponsor is responsible only for prize delivery and is not responsible for prize utility, quality or otherwise.
Semi-Finalists (maximum 25): Each Semi-Finalist that is not selected to be a Finalist will be entitled to receive the following, pursuant to guidelines and instructions to be provided by Sponsor:
- One (1) General Programming Festival Badge to the Festival
Option to Upgrade to Camp Badge for a payment of US$200
- One (1) Quarterly ATX TV Membership Subscription
Coupon to be redeemed within a year from the announcement of Semi-Finalists
Three (3) Month Pro Subscription on Canva for new users only.
(Total Approximate Retail Value (ARV) of each Semi-Finalist Award Package is US$404.97.)
Finalists (10): The ten (10) finalists will each receive the following, pursuant to guidelines and instructions to be provided by Sponsor:
One (1) Camp Badge in the Finalist’s name to the Festival, one (1) ticket to the Festival Opening Night screening and after-party, and one (1) invitation to Finalists Reception hosted by Rooster Teeth Productions, LLC
Invitation to two (2) pre-festival virtual Happy Hours, including (i) the Art of the Pitch Workshop and (ii) a Q&A session with a showrunner and/or executive.
One (1) general advisory meeting or phone call with a minimum of one (1) or more of the official Pitch Judges, lasting a minimum of thirty (30) minutes.
A minimum of six (6) virtual Happy Hours of approximately 1-2 hours with special guests selected by Sponsor that may including television executives, showrunners and agents
Fourteen (14) Month Pro Subscription on Canva.
One (1) Annual Subscription to ATX TV Membership Program
One (1) month of free hosting on The Black List for their script
An invitation to apply directly to the second round of consideration for the 2025 Sundance Institute Episodic Program with application fee waived
(Total Approximate Retail Value (ARV) of each Finalist Award Package is US$795.)
Runners-Up Winners (2): Up to two (2) runners-up will each receive the following, pursuant to guidelines and instructions to be provided by Sponsor:
Minimum of two (2) general advisory meeting or phone call with one (1) or more official Pitch Judges, ATX TV Panelists or Alums
Two (2) months of hosting on The Black List for their script
One (1) script evaluation on The Black List
(Total ARV of each Runners-Up Prize Award Package is US$925. Runners-Up will also have received the Semi-Finalists and Finalists Award Packages.)
Grand Prize Winner (1): One (1) grand prize winner of ATX TV Festival’s The Pitch Competition will receive the following, pursuant to guidelines and instructions to be provided by Sponsor:
Script Read and General Meeting with minimum of two (2) ATX TV Pitch Judges for feedback
Pitch Mentorship with Showrunner or Executive (three virtual meetings) to help hone and edit the pitch to prepare winner for meetings.
Three (3) General Pitch Meetings* with Studio, Network, or Production Company
Three (3) months of hosting on The Black List
Two (2) script evaluations on The Black List to help fine-tune their pilot script
One (1) Credential to ATX TV Festival, Season 14 (2025)
*No specific studio or network is guaranteed to hear pitch.
(Total ARV of Grand Prize Winner Award Package is US$1590. Grand Prize Winner will also have received the Semi-Finalists and Finalists Award Packages.)
Nothing set forth herein shall be construed to require Sponsor to produce the Festival or any subsequent festival or event at any particular time, or at all. If, for any reason, the Festival does not occur, Sponsor may substitute the Festival component of the prize with a prize or experience of similar quality and/or cash equivalent. Some prizes to be awarded have no cash equivalent.
As set forth in Section 6(c)(ii), a maximum of twenty (20) entries from the Black List and Sundance Institute Episodic Program will be evaluated in Round Two of the Competition to compete for advancement to Round Three. Any Entrant in the Competition may also enter the Black List or Sundance Institute Episodic Program Competition.
8. NAME AND LIKENESS RIGHTS: Except where prohibited by law, participation in the Competition constitutes each Entrant’s consent to Sponsor’s and its designees’ use of such Entrant’s names, likenesses, photographs, and/or personal information for promotional purposes in any media, worldwide, without further payment or consideration.
9. REPRESENTATIONS AND WARRANTIES:
By submitting an Entry, each Entrant represents, warrants and covenants as follows:
Entrant is the exclusive owner and sole author of the Entry (including the Script Sample and Video Pitch) and all components thereof are Entrant’s original creative work (and/or the Entrant has obtained prior written authorization to act on behalf of any co-creators) and the Entrant’s submission thereof does not and will not infringe, misappropriate, or violate the copyrights, trademarks, rights of privacy, publicity or other intellectual property rights or other rights of any person or entity.
Acceptance of the Terms and participation in the Competition, including submission of the Entry, will not conflict with or violate any term or condition of any other agreement to which Entrant is a party, including but not limited to any union or guild regulation.
The Pitch is not based on any pre-existing intellectual property and is not substantially similar to a pitch Entrant has previously presented to a network or other industry professional.
There are no threatened, pending, or current claims, actions, or lawsuits in connection with the Entry, and Entrant agrees to notify Sponsor immediately upon Entrant’s notification of any such claims, actions, or lawsuits.
No component of the Entry has been previously published, produced, sold, licensed or optioned by or to anyone, at any time.
No component of the Entry has won previous awards.
Entrant is submitting the Entry voluntarily on a non-confidential basis.
Publication or other use by Sponsor of the Entry via various media including web posting will not infringe on the rights of any third party.
10. INDEMNITY: You agree to indemnify, defend and hold Sponsor and the other Competition Entities, and each of their respective directors, officers, employees, contractors, representatives, agents, partners, insurers, licensors, licensees, successors and assigns harmless from and against any and all claims, demands, suits, actions, liabilities, damages, costs or expenses (including legal fees and court and administrative costs) of any kind whatsoever that you and/or your assignees, heirs, guardians, legal representatives or anyone on your behalf may now or hereafter have arising out of or in connection with (a) the Competition or the Entrant’s participation therein, (b) Entrant’s violation or breach, or alleged violation or breach, of these Terms, including, without limitation, any and all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein, or (c) the use, in whole or in part, by any Competition Entity of any Entry (or portion thereof) submitted by you in the Competition.
12. CHOICE OF LAW; DISPUTE RESOLUTION: These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms, the Competition or your participation therein, shall be resolved exclusively through final and binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to the Competition. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be conducted by JAMS in accordance with its then-current Streamlined Arbitration Rules and Procedures (“JAMS Rules”) and will be held in Austin, Texas. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by JAMS to choose an arbitrator. The current rules may be found on the Internet at: http://www.jamsadr.com/rules-streamlined-arbitration/. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§116. The arbitrator shall apply California law, as described in Section 24 (Applicable Laws), consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Notwithstanding anything herein or in the JAMS Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or Sponsor. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Travis County, Texas. Each party to any arbitration shall bear its own costs, including attorney’s fees. Failure to appear at any arbitration hearing entitles the arbitrator to proceed ex parte.
13. INTELLECTUAL PROPERTY RIGHTS: Each Entrant retains ownership of such Entrant’s Entry. Sponsor claims no ownership rights in any Entry other than the non-exclusive licenses and permissions necessary to evaluate and judge the Entries for participation in the Competition as set forth in these Terms. By accepting Entries, Sponsor in no way grants Entrants any additional rights therein or otherwise expands the scope of rights under applicable copyright laws. Entrants are solely responsible for protecting their rights in their Entries, including without limitation, for filing or registering any components of the Entry with the Writers Guild of America and/or the United States Copyright Office. Entrant acknowledges and agrees that Sponsor and/or any participating independent judges may independently access or develop creative concepts and/or works which resemble the Entry or incorporate similar concepts, themes, formats, plot lines and characters to those in the Entry and that Entrant is not entitled to any compensation and has no rights of any kind in connection therewith. Entrant acknowledges and agrees that: (a) Sponsor, and Competition Entities may have access to and/or may create literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to Entrant’s Entry, ideas, and/or concepts; (b) Entrant will not be entitled to any compensation or other consideration because of the use by Sponsor, Competition Entities or any other Competition participant of such similar or identical material, ideas and/or concepts; and (c) Sponsor’s, Competition Entities’ or other participant’s use of material containing elements similar to or identical with those contained in Entrant’s Entry shall not obligate Sponsor to negotiate with nor entitle Entrant to any compensation or other claim.
15. RIGHT TO CANCEL OR MODIFY: Sponsor reserves the right in its sole discretion to modify these Terms or to cancel, terminate, modify, or suspend the Competition for any reason or for no reason in its sole discretion. Possible reasons include but are not limited to ineligibility of Entrants, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition. If Sponsor decides to reconvene the Competition after a suspension, the determination of Winner(s) will be made from among all eligible, valid, non-suspect Entrants, in the sole discretion of Sponsor. In the event that any legal or regulatory authority challenges the Competition, Sponsor reserves the right to discontinue or modify the Competition, or to disqualify Entrants residing in the affected geographic areas, and in such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action other than refund of the Entry Fee.
16. RELEASE; LIMITATION OF LIABILITY; AND INDEMNIFICATION: By participating in the Competition and submitting an Entry, each Entrant (a) agrees to be bound by these Terms and the decisions of the Sponsor, which are binding and final in all matters relating to the Competition; (b) waives any and all claims against Sponsor, and all other Competition Entries for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from (i) participation in the Competition; (ii) printing errors or any errors made in the advertisement of the Competition; (iii) lost, late, illegible, incomplete, misdirected, damaged, destroyed or mutilated Entries or for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft, destruction, unauthorized access to or alterations of entry materials or failures in transmission of Entries; (iv) errors in the administration of the Competition or the processing of Entries; or (v) any electronic traffic congestion, or any lost, interrupted, or unavailable connections with server, network, Internet service provider, or telephone; and (c) indemnifies and holds harmless the Sponsor and Competition Entities from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against Sponsor or other Competition Entities due to or arising out of Entrant’s Entry, or Entrant’s conduct in creating a Entry or otherwise in connection with this Competition, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation, threatened or actual injury, loss, or damage to any person, including death and disability; and damage to or loss of property, arising out of such Entrant’s participation in the Competition or receipt or use or misuse of any prize. Entrants further agree that in any cause of action, Sponsor and the Competition Entities aggregate liability will be limited to the cost of entering and participating in the Competition, and in no event shall the Competition Entities be liable for attorneys’ fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor’s failure to enforce any provision of the Terms shall not constitute a waiver of that provision.