Terms of Service

Updated: January 1, 2024

(Last updated on January 1, 2024)These overall terms of service (“Terms”) sets forth the agreement between you and Cast & Crew Production Software, LLC dba Final Draft (“Final Draft”, “FD”, “we”,”us” or “our”). Please read these Terms carefully as they set out the basis for which Final Draft makes our Services (as defined below) available to you. These Terms govern your use our website (www.finaldraft.com) and any of our software, storage, sharing, processing, support and consulting services, all related documentation and all related tools and utilities (collectively, the “Services”).

In these Terms, “you” refers to the individual using the Services or, if applicable, the company or organization you are using the Services on behalf of.

When you use our software, one or more of these additional license terms (the “Licenses”) apply:

EULA: Applies to all versions of Final Draft screenwriting software, Final Draft Tagger and any other software published by FD (including educational versions and upgrades). You can see the EULA HERE.
iTunes Store Licenses: Applies to our apps (including the current Final Draft Mobile app and the previously available Final Draft Writer app for iPad and Final Draft Reader app for iPad and iPhone) made available through the App Store for iOS. To see these licenses, visit the App Store for iOS.
Final Draft for Mac: Applies to the Mac version of Final Draft made available through the Mac App Store. To see this license, visit the Mac App Store.
Enterprise License: Applies to enterprise accounts. You can select the applicable version of the Enterprise License HERE.

When you create an account or use the Services in any way, you agree to these Terms and any applicable Licenses. If you do not agree with these Terms and the applicable Licenses, you may not use the Services.

We can change these Terms and the Licenses at any time by posting the new version(s) to our website(s). The “Last Updated” date at the top of these Terms indicates when the latest modifications were made. By continuing to access and use our Services after these Terms have been modified, you are agreeing to such modifications. Please add this page to your bookmarks and consult this site regularly to find out about any updates to these Terms. We may also notify you via email or a notice in our platform, and we may require you to consent to the updated Terms and/or Licenses before you can use the Services further. In all cases your use of the Services is always subject to the most current version of these Terms and Licenses (except that pre-paid Services are governed by these Terms and Licenses in effect at the time you pre-paid unless the changes are to your benefit or we offer you a pro-rated refund). You can find old versions of these Terms and the Licenses here.

Our Services are provided without warranty and with limited liability on our part (see Sections 12 and 13 below).

1. Eligible Users and Accounts

If you are under age 18, your use the Services must be in compliance with our educational rules and requirements.

You may need an account to use some of the Services. All the information you supply when you create your account must be accurate and complete. You must immediately inform FD if you suspect unauthorized activity in your account. We will hold you responsible for all activity in your account so we recommend keeping your login information secret. You may terminate your account at any time but any fees you paid before your termination will not be refunded. Terminating your account will not relieve you of any obligation to pay any accrued fees or charges.

You may not use anyone else’s account without their express permission.

2. Changes

Except for Services that you have already paid for, we reserve the right to change or discontinue the Services at any time and in any way. As to pre-paid Services, we can change or discontinue those Services if we offer you a prorated refund. We may assess, upgrade or change the version of any software you are using and, in order to continue to use the Services, you may need to download updates and changes to the Final Draft software on your systems and devices.

3. Purchases

The prices for our products are listed on our website. All payment information you supply must be accurate and complete. You are obligated to update your information to keep it current. We may bill you in advance or at the time of purchase, after your purchase or, for subscription fees, on a recurring basis. We reserve the right to refuse orders or limit quantities.

Software and Apps: When you purchase or download our software or apps, you are buying a license to those Services. You can see the specific terms of those licenses by clicking on the links above. Even if we use language such as “sell”, “purchase” and/or “buy”, you are only obtaining a license to the Service and to the related documentation and any physical media associated with the Services (such as any discs that we use to provide you with the Final Draft software).

You can find support for your purchases HERE and our refund policy HERE.

4. Acceptable Use

You may not (yourself or through a third party):

(a) use the Services to harm, threaten, or harass anyone (including FD and its employees, officers and directors);

(b) use the Services and/or the non-public information you gain from using the Services to create similar services;

(c) modify, alter, tamper with, repair or otherwise create derivative works of any of our software; reverse engineer, disassemble, decompile, discover, recreate or create derivative works of any of our software (including source code) used to provide or access the Service;

(d) use any automated process (e.g., a bot) with the Service;

(e) use the Services in any manner or for any purpose other than as expressly permitted by these Terms, the Licenses and the information available on our websites;

(f) sell, lend, rent, lease, sublicense, assign or otherwise transfer any of the rights granted to you with respect to the Services to any third party;

(g) remove, obscure or alter any proprietary rights notice pertaining to the Service, including notices on any of our software, apps, or documentation;

(h) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;

(i) use the Services in connection with anything misleading or illegal or post anything that, in the sole discretion of Final Draft, is believed or deemed to be unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable or that encourages criminal conduct;

(j) attempt to access other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(k) violate our piracy policy https://www.finaldraft.com/company/legal/software-piracy, or

(l) violate any applicable laws or regulations; or

(m) share passwords or other access information or devices or otherwise authorize any third party to access or use the Services.

5. Suspension or Termination of Your Account

We reserve the right to suspend or terminate your access to the Services at any time for any or no reason, with or without notice, without any liability to us. For example (but without restricting the foregoing general rights), we may suspend or terminate Services if we know or have reason to suspect that (a) you are violating these Terms or a License, (b) you have used the Services in a manner that may cause us liability or disrupt others’ use of the Services, or (c) you fail to pay us on time. Unless we believe a suspension will be lifted quickly, we will use commercially reasonable efforts to inform you of the suspension.

6. Posts

If we give you the ability to post comments or other publicly viewable material (“Posts”) through the Services, you will still retain sole ownership of those Posts but you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, transferable right to use your Posts for any purpose, including displaying your Posts on our websites and elsewhere and creating derivative works, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your Posts. FD has no obligation to monitor Posts but we reserve the right to delete Posts and/or block your ability to make Posts at anytime, for any or no reason.

7. Ownership

FD and its licensors retain all right, title and interest in the Services, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications. Any use of our trademarks or materials on our website must be in compliance with our Permissions and Trademarks policy HERE. Except for rights expressly granted in the Terms and the Licenses, nothing in the Terms or the Licenses grants you any other right, title or license.

Except as described in this paragraph, you may not reproduce our software, apps or our documentation for the purpose of reproducing or distributing it unless you have entered into a separate signed written agreement with FD that explicitly authorizes you to do those things. You may use documentation available on our websites (such as white papers, press releases, datasheets and FAQs) provided that (1) the following copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) you are using the documents only for informational and non-commercial or personal use and the documents will not be copied or posted on any network computer or broadcast in any media, and (3) you do not modify the documents. Accredited academic institutions, such as K-12, universities, private/public colleges, and state community colleges, may reproduce documentation for distribution in the classroom. Distribution outside the classroom requires our express written permission.

8. Feedback

We may use your feedback and suggestions for any purpose without attribution, accounting or compensation to you.

9. Privacy

When you use the Services, you and we are subject to our Privacy Statement. Please review our Privacy Policy carefully as it explains what information we collect from you and how we protect it.

10. Indemnity

You will indemnify, defend, and hold harmless FD, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, demands, actions, settlements, losses, damages, costs and expenses (including interest, penalties, attorney fees, costs and expert witnesses’ fees) incurred by any Covered Entity in any way arising out of or relating to your violation of these Terms or the Licenses, your use of the Services, your content, your Posts, or any activity related to your account by you or anyone else. FD reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, settlements, losses, damages, costs and expenses (including interest, penalties, attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

11. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, WHETHER ARISING UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. THE COVERED ENTITIES DO NOT PROMISE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR FREE OF BUGS, ERRORS, OR MALWARE (SUCH AS VIRUSES), THAT YOUR CONTENT WILL BE AVAILABLE, SECURE OR FREE FROM LOSS, THAT OUR SERVICES WILL HELP YOU OBTAIN ANY PARTICULAR RESULT OR THAT YOUR CONTENT WILL BE SUCCESSFUL.

YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED FOR YOUR SYSTEMS TO USE THE SERVICES. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY YOUR CONENT), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE SERVICES.

The Covered Entities do not control, endorse or accept responsibility for any third party materials, products, services or offers accessible through the Services (including via links to third party websites). We make no representations or warranties about such third parties and you engage with them at your own risk.

Some jurisdictions do not allow exclusion of implied warranties or limitations on your statutory rights, so this disclaimer may not apply to you.

12. LIMITATION OF LIABILITY

To the extent not prohibited by law, the Covered Entities shall not be liable for any incidental, special, indirect, consequential or similar damages, including lost profits, damages arising from loss of information (including your content), business interruption, arising out of or in any way related to the use of or inability to use the Services, or otherwise in connection with any provision of these Terms or the Licenses, regardless of the theory of liability (contract, tort (including negligence), product liability or otherwise) and even any Covered Entity we have been advised of the possibility of such damages. In no event shall the Covered Entities’ total aggregate liability for all damages arising under or related to the Services or any other Final Draft products or services exceed the greater of $100 or the amount you paid for the Services in the three months preceding the event giving rise to the liability. In addition, in no event shall any Covered Entities be held liable for payment to you of any sum or any damages as a result of your being unable to use all or part of the Services. These limits apply even if a stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limits on certain liabilities so these exclusions or limitations may not apply to you. The exclusions and limitations of liability set forth herein are fundamental elements of the basis of the bargain between FD and you. The Services would not be provided without such exclusions and limitations.

13. Location, Export

The Services are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to the applicability of and your compliance with those laws, and you will not receive, use, transfer, export or re-export any Services in a way that would cause FD to violate those laws. You also agree to obtain any required licenses or authorizations..

14. US Government

Any software that is downloaded or used for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication and disclosure by the U.S. Government are subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Cast & Crew Production Software, LLC dba Final Draft, 2300 W. Empire Ave, Fifth Floor, Burbank, CA 91504.

15. Audit Rights

FD reserves the right to audit your compliance with these Terms and any License. You grant FD the right to access your computer and other devices to verify your compliance with these Terms and any applicable Licenses. Any audit that includes your physical premises will be made on reasonable notice.

16. Miscellaneous

These Terms incorporate all other licenses and policies shown on our website.
You cannot assign your rights to the software or any other Services to any third party.
Except for payment obligations, neither party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
We will communicate with you either by emailing the address associated with your account or by posting on the website itself. You can provide any notices to us by sending an email to [email protected].
The Agreement is governed by the laws of the State of California, excluding its choice of laws principles. The Convention on Contracts for the International Sale of Goods will not apply.
You must bring any claims under these Terms or the Licenses within one year unless the law requires a longer timeframe. Claims not filed within those limits are permanently barred.
Except for the optional arbitration described next, the parties will resolve any disputes in the courts of Los Angeles County, California. FD’S GOAL IS TO PROVIDE YOU WITH A NEUTRAL AND COST-EFFECTIVE MEANS OF RESOLVING A DISPUTE QUICKLY. THUS, EXCLUDING CLAIMS FOR EQUITABLE RELIEF, IF THE TOTAL AMOUNT IN DISPUTE IS LESS THAN $10,000, EITHER PARTY MAY ELECT TO RESOLVE THE CLAIM THROUGH BINDING ARBITRATION BY INITIATING ARBITRATION THROUGH AN ESTABLISHED PROVIDER THAT IS AGREED BY THE PARTIES. THE ARBITRATION MUST BE CONDUCTED UNDER THE FOLLOWING RULES: (A) AT THE CHOICE OF THE PARTY SEEKING RELIEF, THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE, OR SOLELY ON WRITTEN SUBMISSIONS; (B) NO PARTY OR WITNESS WILL MAKE ANY PERSONAL APPEARANCE UNLESS THE PARTIES AGREE OTHERWISE; AND (C) THE WINNING PARTY MAY HAVE THE ARBITRATOR’S AWARD ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
You and FD hereby irrevocably and unconditionally consent to the jurisdiction of, and venue in the courts of Los Angeles County, California and waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible).
Whether in court or in arbitration, to the maximum extent permitted by applicable law, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.
If any provision of these Terms or the Licenses is legally unenforceable, that provision shall be limited to the least extent necessary to render it enforceable (or eliminated if it cannot be made enforceable) and the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by the waiving party. No failure or delay by FD to exercise any right or remedy provided under these Terms or the Licenses or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
The contents of the software and other Services (e.g., the design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement) are: Copyright © 2024 Cast & Crew Production Software, LLC dba Final Draft, and/or the proprietary property of our suppliers, affiliates, or licensors. All Rights Reserved..
Final Draft and all Final Draft logos are trademarks, service marks and/or registered trademarks of FD in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other product and company names may be trade or service marks of their respective owners.
We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights in the United States and/or other countries covering subject matter that is part of the Services. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved. Please also see our Permissions and Trademarks policy HERE.

17. Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT INCREASE THE CHANCE OF WINNING. FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY ALL U.S. FEDERAL, STATE, LOCAL LAWS, CODES AND OTHER SIMILAR GOVERNING LAWS, RULES, REGULATIONS AND/OR ORDINANCES.

17.1. ELIGIBILITY. Any sweepstakes, contest, raffle and/or other form of “give away” (“Sweepstakes”) is open only to those who sign up at the online page (or other entry method) and who are eligible as of the date of entry. Any Sweepstakes may be commenced at the time specified on the website information for the particular Sweepstakes (“Sweepstakes Period”). The Sweepstakes are open only to legal residents of the United States (excluding residents of any jurisdiction where Sweepstakes would be prohibited by law) who meet the minimum age requirements applicable at the time of Sweepstakes registration, and will be void where prohibited by law. Employees, officers, directors, suppliers, agencies performing advertising, promotional, fulfillment and marketing, their immediate families and those living in the same household of each are not eligible to participate in any Sweepstakes. You acknowledge that any Sweepstakes conducted by Final Draft is in no way sponsored, endorsed or administered by, or associated with, any social media platform or other company. You are providing your information to Final Draft. The information that you provide will only be used for the purposes described in these Official Rules.
17.2. AGREEMENT. BY PARTICIPATING IN ANY SWEEPSTAKES, YOU AGREE TO THE APPLICABLE OFFICIAL RULES, YOU MEET THE ELIGIBILITY REQUIREMENTS AND YOU AGREE TO ACCEPT THE DECISIONS OF FINAL DRAFT, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS. BY PARTICIPATING IN ANY SWEEPSTAKES AS AN ENTRANT, (“ENTRANT” OR “YOU”) YOU ALSO I) AGREE TO BE FULLY AND UNCONDITIONALLY BOUND BY THE APPLICABLE OFFICIAL RULES, II) WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE SWEEPSTAKES AND/OR THE APPLICABLE OFFICIAL RULES AND III) FURTHER AGREE TO BE BOUND BY FINAL DRAFT’S DECISIONS AND INTERPRETATION OF ANY OFFICIAL RULES.ALL DATA REQUESTED AT REGISTRATION, PRIZE FULFILLMENT OR AT ANY OTHER TIME IN CONNECTION WITH ANY SWEEPSTAKES MUST BE ACCURATE. IF INACCURATE INFORMATION IS SUPPLIED, IT WILL RESULT IN YOUR DISQUALIFICATION FROM THE APPLICABLE SWEEPSTAKES AND PREVENT THE AWARDING OF ANY PRIZE THAT YOU MAY HAVE WON.
17.3. HOW TO ENTER . Any Sweepstakes must be entered by submitting an entry using the online form provided or as otherwise noted. The entry must fulfill Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Final Draft. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Final Draft. To enter the current sweepstakes without making a purchase or applicable requirement, please send an email to [email protected].
17.4. PRIZES
1. Actual appraised value of any prizes may differ at time of prize award. The specifics of the prize shall be solely determined by Final Draft. No cash or other prize substitution will be permitted except at Final Draft’s discretion. The prize is nontransferable. Any and all prize related expenses, including, without limitation, any and all federal, state and/or local taxes shall be the sole responsibility of the winner. No substitution of prizes or transfer/assignment of prizes to others or requested may be made for the cash equivalent. Final Draft may request a winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
2. Prizes will be provided in accordance with these Official Rules. An Entrant is not a winner of any prize unless and until Entrant’s eligibility and the potential Sweepstakes winner have been verified and Entrant has been notified that verification is complete. Potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
17.5. ODDS. The odds of winning depend on the number of eligible entries received.
17.6. WINNER SELECTION AND NOTIFICATION
1. Winners of the Sweepstakes will be selected in accordance with the Official Rules of the particular Sweepstakes. Winners will be notified via email to the email address they entered the Sweepstakes with following the winner selection. Final Draft shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required the prize may be forfeited and an alternate winner selected.
2. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
17.7. RIGHTS GRANTED. By entering into Sweepstakes you understand that Final Draft, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media, now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. In addition, you hereby grant to Final Draft a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit for any purpose any suggestions, comments or other feedback on Final Draft services or products that are included in your entry.
17.8. TERMS
1. Final Draft reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Sweepstakes should a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. Final Draft reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates the applicable terms and conditions. Final Draft reserves the right, in its sole discretion, to void the entries at issue and/or terminate any Sweepstakes and conduct a random drawing to award the Prize using all eligible entries received as of the termination date.
2. Final Draft has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
3. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Final Draft reserves the right to seek damages from any such person to the fullest extent permitted by law.
4. Final Draft reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any Sweepstakes or be acting in violation of the Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner and to take any further action to the fullest extent permitted by law. Final Draft’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
5. By entering the Sweepstakes, you agree to receive email newsletters periodically from Final Draft. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
17.9. LIMITATION OF LIABILITY
1. By entering into any Sweepstakes you agree to indemnify, release and hold harmless Final Draft and its parents, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, directors, trustees, and investors (collectively, the “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including, but not limited to, the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; or (v) electronic or human error that may occur in the administration of the Sweepstakes.
2. Winners will be solely responsible for any costs associated with receipt of any prize, including, but not limited to, all federal, state and local taxes. Winners will also be responsible for any and all taxes or fees relating to participation in any Sweepstakes, or use and/or redemption of any prizes. Final Draft, its employees, trustees/directors, officers, agents, representatives and/or assigns will not be liable for any loss, injury or damage to persons, property or otherwise in connection with or relating to any prize or any Sweepstakes. Final Draft will not replace a lost or stolen prize once it has been issued to the winner(s).
3. 1. By participating in these Sweepstakes and/or accepting a prize, any winner agrees to indemnify, release and hold harmless Final Draft and/or its Released Parties for any and all liability or damage, for any injuries, loss, damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly by participation in any Sweepstakes or use or redemption of any prize, or awarding, receipt, possession, use and/or misuse of any prize awarded herein and acknowledges that Final Draft, and/or its Release Parties have neither made nor are in any manner responsible or liable for warranty, representation or guarantee, express or implied, in fact or and law, relative to any prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
4. Final Draft has the right to make use of any information provided by you for business purposes. Final Draft will not be responsible for any confidential or proprietary information from You .
5. By participating in any Sweepstakes, You agree to be bound by these rules and regulations and decisions made by Final Draft as well as other applicable terms and conditions. Final Draft, and/or its Released Parties, are not responsible for any typographical or other error in any Sweepstakes material or offer, in the administration of the Sweepstakes or in the announcement of the prizes. Additionally, Final Draft will not be responsible for any human error, lost/delayed data transmission or omission, interruption, deletion, problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or injury or damage to any computer related to or resulting from participation or downloading any materials in any Sweepstakes.
17.10. PRIVACY. Information submitted with an entry is subject to the Privacy Policy stated on the Final Draft website. To read the Privacy Policy, click here. Final Draft will not share, sell, rent, or release your personally identifiable information to others, unless required by law. Final Draft will utilize the information provided for its own marketing and other business purposes. Final Draft will not share the information with others for any reason, except when to do is required by law.
17.11. TAX INFORMATION. All federal, state, local, and other taxes on any prize are the sole responsibility of the applicable winner. All prize winners are solely responsible for paying and reporting, as and when required by law, all income taxes and other taxes and expenses attributable to any prize, whether or not Final Draft makes any withholding for taxes from the amount, and each winner authorizes Final Draft to withhold from any prize any and all amounts to be withheld by applicable law and shall indemnify, defend, protect and hold harmless Final Draft and the Released Parties against all claims relating to such taxes and expenses.
17.12. DISPUTES/VENUE/GOVERNING LAW: By participating, entrants agree that (1) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in in the county of Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim special, indirect, incidental, punitive, or consequential damages of any kind and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Any claim or dispute against Final Draft and/or the Released Parties with respect to the Sweepstakes must be brought within one year after the cause of action arises. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of any Entrant or Final Draft in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

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