Movies.com’s 'Gravity': Sweepstakes - Official Rules

Movies.com’s 'Gravity': Sweepstakes - Official Rules

Sep 20, 2013

Fandango’s “Movies.com Gravity” Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW.  

1. ELIGIBILITY: Fandango’s “Movies.com Gravity” Sweepstakes ("Sweepstakes”) is open only to legal residents of the fifty (50) states of the United States and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age or older, and the age of majority in their state of residence, as of September 23, 2013 with access to the Internet at all times during the Sweepstakes Period (as defined below) and subsequent Prize Award Period (as defined below).  All employees of Fandango, LLC (“Sponsor”), Warner Bros. Pictures (“Warner Bros.”) and each of their respective parent corporations, subsidiaries, officers, directors, members, affiliates, sales representatives, distributors, licensees, prize providers, vendors, contractors or agents (all of the foregoing, together with Sponsor collectively, “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes.  All applicable federal, state and local laws and regulations apply.  Void where prohibited by law.  Entry in the Sweepstakes constitutes your full and unconditional acceptance of these official rules ("Official Rules”), which are final and binding in all respects. 

2.  SWEEPSTAKES PERIOD: The Sweepstakes entry period begins at 3:00 p.m. Pacific Time ("PT") on September 23, 2013 and ends at 3:00 p.m. PT on October 7, 2013 (the "Sweepstakes Period").  Winner (defined below) will be selected from entries properly submitted pursuant to these Official Rules.    

3. SWEEPSTAKES ENTRY INSTRUCTIONS:  There are two (2) separate ways to enter this Sweepstakes: either through an Online Entry (defined below) or by E-mail Entry (defined below in Section 4).  For Online Entry, Entrants must go to www.movies.com during the Sweepstakes Period and submit an entry online at http://www.movies.com/movie-news/win-this-gravity-gear/13605 by answering the question posed by Fandango in its September 23, 2013 blog post about Gravity (the “Film”) and submitting your answer as a comment in the “Leave a Message” box and clicking the gray arrow button to publish your comment (“Online Entry”). Limit one (1) entry per person, per account, per e-mail address and per household during the Sweepstakes Period, regardless of method of entry.  Any attempts by an entrant to submit more than one (1) entry into this Sweepstakes will result in such entrant being disqualified.  Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified, as will entries that violate copyright laws or infringe on any third party rights.  Online Entries will be deemed submitted by the authorized account holder of the account or e-mail address through which the entry was submitted.  Illegible, late, lost, incomplete or garbled entries are not eligible.  By submitting your Online Entry you are giving Sponsor the right to post your Online Entry on its websites (www.movies.com and www.Fandango.com) and/or other public websites, and you are assigning all ownership rights and usage rights to your Online Entry to the Sweepstakes Entities.

4.   ALTERNATIVE MEANS OF ENTRY: You may also enter the Sweepstakes by sending an e-mail to marketing@fandango.com, which includes your name, e-mail address and the subject line Fandango’s Gravity” Sweepstakes (“E-mail Entry[ies]”).  E-mail Entries must be received by 3:00 p.m. PT on October 7, 2013, to be included within the random drawing.  Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified. Illegible, late, lost, incomplete, or garbled entries are not eligible. Limit one (1) entry per person, per account, per e-mail address and per household during the Sweepstakes Period, regardless of method of entry.  Any attempts by an entrant to submit more than one (1) entry into this Sweepstakes will result in such entrant being disqualified. E-mail Entries will be deemed submitted by the authorized account holder of the e-mail address through which the entry was submitted.

5.  PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and Winner (defined below) by accepting the Prize (defined below) grants to the Sweepstakes Entities all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, likeness, city, state and biographical material (collectively, “Licensed Rights”) in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval. 

6. SELECTION OF SWEEPSTAKES WINNER: One (1) potential winner (the “Winner”) will be selected in a random drawing to be held on or about October 8, 2013.  The potential Winner will be selected from all eligible entries received during the Sweepstakes Period.  Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period.  The potential Winner will be notified via e-mail by using the information submitted with his/her entry within three (3) days after the drawing ("Prize Award Period").  The drawing will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding.  In the event that a potential Winner is disqualified for any reason, Sponsor may, in Sponsor's sole discretion, award the applicable prize to an alternate potential Winner selected at random. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential Winner’s failure to promptly respond to notification after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) potential Winner’s failure to promptly provide Sponsor with satisfactory proof of age, identity and residency; (4) potential Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within three (3) days after its transmission; (5) potential Winner’s failure to validly claim the prize by October 15, 2013; and (6) any other non-compliance with the Official Rules.  In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.

7. PRIZES:  One (1) prize (“Prize”) will be awarded in this Sweepstakes. The Prize will consist of: one (1) zip-up hoodie (Approximate Retail Value (“ARV”) $50.00 USD); one (1) executive telescope with nylon case (ARV $40.00 USD); one (1) 8 LED pocket work light (ARV $25.00 USD); one (1) Gravity journal (ARV $20.00 USD); one (1) long-sleeve thermal tee (ARV $20.00 USD); one (1) europrene laptop/tablet sleeve (ARV $20.00 USD); one (1) acrylic beanie with polar fleece lining and flap (ARV $12.00 USD); one (1) light-up reflective safety tag (ARV $6.00 USD); one (1) 4-in-1 carabiner with compass, bottle opener and key ring (ARV $5.00 USD); two (2) IMAX tickets awarded in the form of Hollywood Movie Money® Certificates redeemable for any IMAX film at a participating theater (ARV $42.00 USD); and one (1) Gravity soundtrack CD (ARV $9.99 USD).  Total Prize ARV is two hundred fifty dollars and zero cents ($250.00 USD). All expenses and applicable service fees not specifically mentioned herein are not included as part of any prize package and are solely the Prize Winner’s responsibility. “IMAX” is a registered trademark of IMAX Corporation.  This Sweepstakes is in no way sponsored, endorsed or administered by IMAX Corporation.

 

Hollywood Movie Money® Certificates (“HMM Certificate(s)”) are each redeemable for one (1) IMAX movie admission ticket with a maximum value of twenty-one dollars and zero cents ($21.00 USD) per ticket.  HMM Certificates may be used towards the purchase of admissions tickets to any IMAX film at a participating theater. To redeem HMM Certificates, purchaser must go to http://www.activaterewards.com/imax where they will use the provided reward code (“HMM Reward Code”) to activate and print their HMM Certificate. The HMM Reward Code will expire on 12/31/2014. The HMM Certificate will expire one (1) month from online HMM Reward Code activation. All portions of an HMM Certificate or HMM Reward Code must be redeemed in a single use.  Any amount remaining after initial use will be forfeited and no additional compensation awarded. HMM Certificate and HMM Reward Code are subject to all terms and conditions specified by Hollywood Movie Money®.

 

Prize is not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The Prize will be awarded provided it is validly claimed by October 15, 2013, after which no alternate winners will be selected, nor unclaimed prizes awarded.  All taxes on the Prize, if any, and other expenses related to accepting and/or using the Prize not listed in these Official Rules are the sole responsibility of Winner, who will receive an IRS Form 1099 reflecting the final actual value of the Prize, if applicable.  The Prize will be shipped only to an address in the United States.

 

THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THE SWEEPSTAKES ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.

8. GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, the terms and conditions on the Website and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Sweepstakes itself.  Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.  Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, e-mail, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners.  Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor's sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select the prize winners from all eligible, non-suspect entries received prior to such action.   Sponsor also reserves the right at Sponsor's sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.  Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information.  Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes. 

9. PARTICIPANT OBLIGATIONS: By entering, each entrant agrees THAT THE SWEEPSTAKES ENTITIES AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY PRIZE.  By participating in the Sweepstakes each entrant (including Winner) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless the Released Parties from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Sweepstakes;  (ii) receipt or redemption of a Prize or (iii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of a Prize. 

10. BINDING ARBITRATION OF DISPUTESWe believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have related to this Sweepstakes or your interactions with the Sponsor.  Therefore, pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or related to the Sweepstakes, the Prize, Fandango Mobile Alerts, or other aspect of your interaction with the Sponsor or the website or service where this Sweepstakes appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction (collectively, “Fandango Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.  By entering the Sweepstakes or engaging in any other Fandango Transactions or Relationships, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.  If those efforts fail, by entering the Sweepstakes or engaging in any other Fandango Transactions or Relationships, you agree that any complaint, dispute, or disagreement you may have against the Sponsor, and any claim that the Sponsor may have against you, arising out of, relating to, or connected in any way with the Sweepstakes, the Prize, Fandango Mobile Alerts, these Official Rules, our Privacy Policy, or any Fandango Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”).  The Applicable Rules can be found at www.jamsadr.com.  If JAMS at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, the Sponsor agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this provision, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.  You further agree that:

a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and the Sponsor (the “Arbitrator”);

b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Official Rules (including these arbitration provisions), including but not limited to any claim that all or any part of the Official Rules is void or voidable;

c) the Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and the Sponsor; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;

d) the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief, provided, however, that in no event shall either party be entitled to damages in excess of actual damages or to recover punitive, exemplary, consequential, or incidental damages;

e) the Arbitration can resolve only your and/or the Sponsor’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”).  Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

g) in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

h) in the event you recover an Award greater than the Sponsor’s last written settlement offer, the Arbitrator shall also have the right to include in the Award the Sponsor’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but the Sponsor shall in all events bear its own attorneys’ fees;

i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Sponsor shall be entitled to arbitrate their dispute, and must instead bring any claims in a state or Federal court of competent jurisdiction located in New York, New York; and

(j) Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against the Sponsor in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with the Sweepstakes, the Prize, Fandango Mobile Alerts, these Official Rules, our Privacy Policy, or any Fandango Transactions or Relationships will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

11. PERSONAL INFORMATION: The personal information collected through this Sweepstakes is subject to Fandango’s Privacy Policy, located at www.fandango.com/PrivacyPolicy.aspx.  By entering this Sweepstakes, you agree to the use of your personal information as described in the above Privacy Policy. 

12. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the winner, send a self-addressed stamped envelope to: Fandango’sMovies.com Gravity” Sweepstakes Official Rules/Winner List Request, 12200 W. Olympic Boulevard, Suite 400, Los Angeles, CA 90064.  Requests for winners' lists must be received no later than three months after the end of the Sweepstakes Period. VT residents may omit return postage.

13. SPONSOR: Fandango, LLC, 12200 W. Olympic Boulevard, Suite 400, Los Angeles, CA 90064. 

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