Rules

TOHO INTERNATIONAL, INC.: Movie Monster Series Survey 

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE

1.         ELIGIBLE COUNTRIES: The following survey is intended only for participants in the United States, its territories and possessions as well as the District of Columbia, (the “Eligible Countries”) and who otherwise meet the criteria outlined below. It shall be construed and evaluated according to the laws of the United States. Do not proceed in this if you are not a legal resident of one of the Eligible Countries or not currently located in one of the Eligible Countries. Void in Guam, Puerto Rico and where prohibited by law. Further eligibility restrictions are contained in the Official Rules below.

2.         SURVEY DESCRIPTION: The Movie Monster Series Survey (the “Survey”) is a Survey in which an Entrant (defined below) submits a one (1) vote (each, a “Vote”) for the movie monster character of their choice within the list of ten (10) monsters listed on the Survey page at https://godzilla.com/pages/movie-monster-series-vote during the Submission Period (as defined below), and the movie monster with the most Votes will be the next movie monster series figure to be created for future sale exclusively on https://www.godzilla.com (“collectively, the Godzilla Site”). In connection with the Voting, each Entrant will provide their full name and e-mail address. Entrants shall have no other involvement other than casting a Vote in the Survey. No purchase is necessary to participate in the Survey, but Internet connection and/or an email account are required to participate.

3.         SPONSOR AND PARTICIPATION:  The sponsor of this Survey is Toho International, Inc. located at 2029 Century Park East Suite 1140, Los Angeles, CA 90034. (“Sponsor” or “Toho”). By participating in the Survey or accessing Sponsor’s owned and operated  Godzilla Site, each Entrant unconditionally accepts and agrees to comply with and abide by the Official Rules set forth herein and acknowledges the privacy policies found at https://godzilla.com/pages/privacy-policy (collectively, “Privacy Policy”), and the Terms of Use found at and https://godzilla.com/pages/terms-of-use (the “Terms of Use”), and the decisions of the Sponsor, as defined below, which are final and binding in all matters related to this Survey. In case of any conflict between these Official Rules and the Terms of Use, these Official Rules shall prevail. All other terms of the Terms of Use shall remain in force and effect. Terms capitalized herein but not otherwise defined shall have the meaning given to them in the Terms of Use.

4.         SOCIAL MEDIA DISCLAIMER: This Social Campaign will be promoted on the Godzilla Site as well as on the Godzilla social media channels X/Twitter and Instagram but is in no way sponsored, endorsed, or administered by, or associated with X (f/k/a Twitter, Inc) (“X/Twitter”), or Instagram and/or its owner Meta. You understand that you are providing your information to Sponsor, as defined below, and not to X/Twitter, Instagram or Meta. By participating in this Social Campaign, you agree to release X/Twitter, Instagram and Meta from any and all liability and claims related to the Social Campaign.

5.         OFFICIAL RULES:  Please read the following rules and requirements (“Official Rules”) carefully. If you do not agree with the Official Rules, do not participate in this Survey. By participating in the Survey, you are agreeing to these Official Rules.

1. ELIGIBILITY REQUIREMENTS: The Survey is open only to legal residents of the Eligible Countries who are physically located and residing therein and who are at least eighteen (18) years of age and have reached the age of legal majority in their jurisdiction of primary residence at time of entry (“Entrant”). This Survey is not intended to solicit purchase of any Additional Materials required for play. Each Entrant must be the rightful owner of the email address identified in the Entrant's entry. In the event of a dispute as to the identity of the person that Votes, the identity of the person will be based on the natural person in whose name the account and email account associated with the provided account and email address was opened, or other evidence presented to Sponsor in a timely fashion.

Employees, shareholders, officers, directors, agents, contractors and representatives of Sponsor and its parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the Immediate Family Members and/or Household Members (both as defined below) of such persons, are not eligible to participate in the Social Campaign. For purposes of the Social Campaign, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.

2. HOW TO SUBMIT ONLINE: NO PURCHASE NECESSARY. No purchase necessary but Internet connection and/or email account required. During the Submission Period (defined below) and following the announcement of the Survey by Sponsor on its X/Twitter and/or Instagram sites, Entrants may participate in the Survey by clicking on https://godzilla.com/pages/movie-monster-series-vote and by following the directions posted therein. The link to the Godzilla Site will also be available on Godzilla Brand social channels, X/Twitter and/or Instagram sites. Sponsor is not responsible for any inability by Entrants to connect to the Internet or to log onto the Godzilla Site. Sponsor is not responsible for lost, interrupted, or unavailable network server or other connections, miscommunications, failed telephone or computer hardware or software transmissions or technical failures, garbled, misrouted, scrambled or misdirected transmissions or other errors of any kind whether human, mechanical, or electronic.

3. SUBMISSION PERIOD: The Survey period begins on September 29th, 2024 at 12:00 | AM Pacific Standard Time ("PST") (the "Start Date") and ends on October 13th, 2024, at 11:59 PM PST (the "Cutoff Date") (collectively, the "Voting Period"). Registration is open to Entrants only during the Submission Period. Each Entrant may only submit one Vote.

4. NO GUARANTEE: Submitting a Vote for a particular movie monster character does not guarantee the character will be created. Only the movie monster character with the most votes will be created and sold on the Godzilla Site.

6.         RIGHTS OF SPONSOR/ DISCLAIMER OF LIABILITY: Because of the unique nature and scope of the Survey, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Survey. By submitting a Vote, Entrants waive the right to claim any ambiguity or error in the Official Rules or in the Survey itself. Sponsor reserves the right to modify these Official Rules, in whole or in part, at any time and without notice or obligation for clarification purposes without materially affecting the terms and conditions of the Survey, if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. Sponsor also reserves the right, in its sole discretion, to adjust times and dates of the Survey at any time and/or to terminate the Survey for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Survey or Sponsor and. Sponsor is not responsible for the content or practices of third-party Web sites that may be linked to the Godzilla Site. The Godzilla Site may also be linked to websites operated by other companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.

7.         DISPUTES: This Survey is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California.  As a condition of participating in this Survey, Entrants agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Survey, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.

8.         ARBITRATION PROVISION:  By participating in this Survey, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Sponsor and/or the Released Parties relating to, arising out of or connected in any way with (i) the Survey, (ii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Survey. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at https://www.adrforum.com/. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

9.         PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to its privacy policy posted at https://godzilla.com/pages/privacy-policy. By participating in the Survey, Entrants grant Sponsor permission to collect, use and share their email address and any other personally identifiable information for the purpose of the Survey administration as well as further marketing and promotions relating to its business.

10.       PLATFORM: By entering the Social Campaign, you also agree to the privacy policy of AppHub LLC (https://www.apphub.com/privacy-policy).