Choose Your Side Promotion Terms

SKYBOUND: Skybound, LLC, located at 9570 W. Pico Blvd. Los Angeles, CA 90035, each of its respective parents, affiliates, subsidiaries, and all of its respective officers, directors, employees, representatives and agents (“Skybound”).

ELIGIBILITY: “Choose Your Side (G.I. Joe vs. Cobra Commander)” – July 2024” Promotion (“Promotion”) is open to (i) registered Skybound Insiders users, (ii) legal residents of the fifty (50) United States and District of Columbia, United Kingdom, and Canada (excluding Quebec), and (iii) at least 18 years of age or older at the time of submission.

By participating, participants agree to these Promotion Terms (“Promotion Terms”), the Skybound Insiders Terms of Use and Terms and Conditions (“Terms”), and the decisions of Skybound, which are binding and final on matters relating to this Promotion. In the event of conflict between the terms of these Promotion Terms and the Terms, the terms of these Terms and Conditions shall prevail.

SUBMISSION PERIOD: Participants must submit their submissions beginning on July 3, 2024 at 6am Pacific Time (“PT”) and end on September 8, 2024 at 4:59pm PT. (“Submission Period”).

HOW to SUBMIT: During the Submission Period, you can submit your submission at www.GIJoeChooseYourSide.com (“Submissions Page”) by providing the information and photograph requested (each, a “Submission”). PLEASE DO NOT PROVIDE PROFESSIONAL PHOTOS OR PHOTOS THAT HAVE NOT BEEN TAKEN BY YOU. Submissions not completed through the Submissions Page will not be accepted. All Submissions must be received by 4:59 p.m. PT on September 8, 2024 to be accepted. Participants can only submit one (1) Submission, and Submissions received in excess of this limit will be void.

PROHIBITED CONTENT: By submitting a Submission, participant agrees that the Submission complies with these Promotion Terms, the Terms, and does not contain a virus. In addition, participant warrants and represents that they (i) consent to the Submission, (ii) consent to the use of the Submission in this Promotion, and (iii) consent to the use of the Submission as otherwise set forth herein. As applicable, the Submissions may not contain, as determined by Skybound in its sole discretion, any content that:

• is pornographic, sexually explicit or suggestive, or contains profanity or nudity;

• is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;

• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);

• promotes any activities that may appear unsafe or dangerous;

• promotes any particular political agenda or message;

• is obscene or offensive, or endorses any form of hate or hate group;

• defames, misrepresents or contains disparaging remarks about other people or entities;

• contains and/or features more than a single participant, as it pertains to the photograph being submitted by the participants as part of the Submission;

• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;

• contains any personal identification, such as license plate numbers, personal names, or street addresses (except for e-mail addresses which will be required in the Submissions Page);

• contains copyrighted materials owned by others (including without limitation, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary (and if Skybound, in its absolute discretion, such permission is necessary, participant must obtain permission from the appropriate third party to use such material(s) for the purpose(s) set forth in these Terms and Conditions) and Skybound reserves the right to request proof of these permissions in a form acceptable to Skybound from any participant at any time. Failure by a participant to provide such proof, if requested, may render such participant’s Submission null and void;

• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary (and if Skybound determines, in its absolute discretion, permission is necessary, participant must obtain permission from such third party to use such material(s) for the purpose(s) set forth in these Terms and Conditions) and Skybound reserves the right to request proof of these permissions in a form acceptable to Skybound from any participant at any time. Failure by a participant to provide such proof, if requested, may render such participant’s Submission null and void;

• contains look-alikes of celebrities or other public or private figures, living or dead;

• communicates messages or images inconsistent with the positive images and/or good will with which Skybound wishes to associate;

• appears to duplicate any other submitted Submissions; and/or

• violates any law.

Skybound may disqualify any Submission for any reason, including if it determines that the Submission fails to comply with these Promotion Terms and the Terms in any way or otherwise contains unacceptable content. Skybound is under no obligation to disclose why a Submission has been disqualified.

LICENSE: By submitting a Submission, participants (i) understand they will have no input or approval with respect to how the Submission is incorporated into the ad to be included in a G.I. Joe Comic or the final ad itself and (ii) agree that Skybound shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to exploit, edit, modify, post, disseminate, create derivative works of, distribute and otherwise use the Submission submitted by you, in whole or in part, including, without limitation, your likeness as embodied therein, as well as your name, Skybound Insiders user name, city and state of residence, in any and all media now known or hereafter devised (including, without limitation, on press releases, G.I. Joe comic books (and G.I. Joe spinoff comic books, including but not limited to Cobra Commander, Duke, Scarlett, and Destro), Skybound’s Insider website (https://insiders.skybound.com/), and Skybound’s social media channels), worldwide, without compensation or notification to, or permission from, you or any third party. Participants understand that Skybound has no obligation to make use of the rights granted herein. If required by Skybound, participants agree to sign any necessary paperwork to grant the rights set forth herein.

RELEASE: By participating in this Promotion, participants agree that Skybound and all others associated with the development and execution of this Promotion will have no liability whatsoever for, and shall be held harmless by participants against any liability for, any injuries, losses or damages of any kind, including death, to persons or property resulting, in whole or in part, directly or indirectly, from participant’s participation in this Promotion or Skybound’s use of any Submission submitted by you.

GENERAL CONDITIONS: Skybound and all others associated with the development and execution of this Promotion, are not responsible for lost, late, incomplete, inaccurate, stolen, delayed, misdirected, undelivered or garbled Submissions; or for lost, interrupted or unavailable network, server, Internet Service Provider (“ISP”), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion and the processing of Submissions. Skybound and all others associated with the development and execution of this Promotion are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Skybound and all others associated with the development and execution of this Promotion are not responsible for injury or damage to participants’ or to any other person's computer or other device related to or resulting from participating in this Promotion. Persons who tamper with or abuse any aspect of the Promotion or website or platform, or who are in violation of the Promotion Terms and Terms or acting in an unsportsmanlike or disruptive manner, as solely determined by Skybound, will be disqualified and all associated Submissions will be void. Should any portion of the Submission be, in Skybound’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Skybound, corrupt or impair the administration, security, integrity, fairness or proper play, or submission of Submissions, Skybound reserves the right at its sole discretion to suspend, modify or terminate the Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION AND FUTURE PROMOTIONS OFFERED BY SKYBOUND. SHOULD SUCH AN ATTEMPT BE MADE, SKYBOUND RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Promotion Terms, or the rights and obligations of participants in connection with any Promotion shall be governed by and construed in accordance with California law, without regard for conflicts of law doctrine, and all proceedings shall take place in Los Angeles, California. You agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action; (b) if the parties are unable to resolve their dispute amicably, such dispute shall be resolved by arbitration, using a single, neutral arbitrator and which shall be final and binding; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Submission, but in no event and under no circumstances will you be permitted to obtain awards for attorneys’ fees; and (d) you hereby waive all rights to claim 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. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.

DATA COLLECTION/USE: Any information provided in connection with this Promotion will be used by Skybound in accordance with the Privacy Policy available at https://insiders.skybound.com/privacy-policy.