Participation in the Program does not create an employee, agent, or independent contractor relationship between Arkham and the Participant. Arkham reserves the right to disqualify any Participant who violates these rules or applicable law.

Arkham reserves the right to disqualify any individual it finds to be attempting to tamper with or to undermine the Program, any website associated with the Program, and/or the legitimate operation of the Program; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Arkham’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Arkham and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Participants, errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in network hardware or software; (3) unauthorized human intervention in any part of the Program; (4) technical or human error that may occur in the administration of the Program; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from a person’s participation in the Program or receipt or use or misuse of any Program Reward. Arkham reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures or any factor beyond Arkham’s reasonable control impairs the integrity or proper functioning of the Program, as determined by Arkham. If, for any reason, the Program cannot be run as planned, Arkham may disqualify any Participant and (a) suspend the Program and modify the Program to address the impairment, then resume the Program in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Program.

Arkham is not responsible for any technical issues, system failures, or other circumstances beyond its control that affect participation or Reward eligibility. To the fullest extent permitted by law, Arkham disclaims all liability for any loss or damage arising from or related to the Program.

BY PARTICIPATING IN THIS CAMPAIGN, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS PROGRAM ENTITIES AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”), AND THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PROGRAM REWARD, CONTENT POSTED BY YOU, OR PARTICIPATION IN THIS PROGRAM OR IN ANY PROGRAM-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS PROGRAM CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE OR REWARD CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF ARKHAM. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR PERMISSION AND GRANT TO ARKHAM (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF ARKHAM) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, YOUR NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), QUOTES ATTRIBUTABLE TO YOU WITH RESPECT TO THE PROGRAM, AND ANY OTHER ELEMENTS OF YOUR PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY ARKHAM AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET PARTICIPANTS VIA EMAIL OR ANY ARKHAM APP, UNLESS PROHIBITED BY LAW.

BY APPLYING FOR THE PROGRAM, YOU AGREE THAT YOUR COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“CONTENT”) THAT YOU MAY SUBMIT TO ARKHAM OR POST ONLINE OR ON SOCIAL MEDIA IN CONNECTION WITH THIS PROGRAM, INCLUDING ALL RIGHTS EMBODIED THEREIN, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN ARKHAM’S PRIVACY POLICY (AVAILABLE AT https://arkm.com/legal/privacy-policy), ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND ARKHAM SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH CONTENT. ARKHAM SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE CONTENT TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO YOU OR ANY THIRD PARTY. YOU HEREBY GRANT TO ARKHAM AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE AND WORLDWIDE LICENSE TO USE IN PERPETUITY THE CONTENT IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGE AND AGREE THAT IF ARKHAM DOES USE THE CONTENT, YOU SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. YOU WAIVE ANY MORAL RIGHTS YOU MAY HAVE TO THE CONTENT AND AGREE THAT IF ARKHAM ELECTS TO USE THE CONTENT FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MAY RESULT FROM THAT RELATING TO YOUR POSTS OR FROM USE OF THE CONTENT BY ARKHAM SHALL BE THE SOLE PROPERTY OF ARKHAM. YOU FURTHER AGREE THAT IF ARKHAM ELECTS TO USE YOUR CONTENT, YOU WILL EXECUTE ANY DOCUMENTS REQUESTED BY ARKHAM REGARDING THIS ASSIGNMENT. IF ANY USE BY ARKHAM OF THE CONTENT CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, YOU AGREE TO INDEMNIFY ARKHAM AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT IT INCURS AS A RESULT OF ITS USE OF THE CONTENT.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROGRAM, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS PROGRAM AND ALL REWARDS, 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 NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION 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.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Arkham and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Arkham agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.