Movies.com’s Hunger Games: Catching Fire #TickTock11 Sweepstakes - Official Rules
NO PURCHASE OR PAYMENT 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 ELIGIBLE 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: Movies.com’s Hunger Games: Catching Fire #TickTock11 Sweepstakes ("Sweepstakes”) is open only to legal residents of the fifty (50) states of the United States and the District of Columbia (excluding Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age, and the age of majority in their state of residence, as of September 12, 2013, with access to the Internet at all times during the Sweepstakes Period (defined below) and subsequent Prize Award Period (defined below). All employees of Movies.com, Fandango, LLC (“Sponsor”), Lions Gates Films, Inc. (“Lions Gate”) and all associated agencies and each of their respective parent corporations, subsidiaries, affiliates, sales representatives, distributors, contractors, vendors, retailers, licensees or agents, and each of their respective officers, directors and employees (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. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these "Official Rules" and the decisions of Sponsor, which are final and binding in all respects
2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins at 10:00 a.m. Pacific Time (“PT”) on September 12, 2013 and ends at 10:00 a.m. PT on September 23, 2013 (the "Sweepstakes Period"). Winners will be selected from entries properly submitted pursuant to these Official Rules.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: You may enter this Sweepstakes through an Online Entry (defined below). During the Sweepstakes Period, you may submit an entry online at http://www.movies.com/movie-news/catching-fire-premiere-giveaway/13500 (the “Website”) by answering the question posed by Movies.com in its September 12, 2013 blog post about Hunger Games: Catching Fire, submitting your answer as a comment in the “Leave a Comment” box and clicking “Publish My Comment” (“Online Entry”). Limit one (1) entry per person and per household during the Sweepstakes Period. 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 Entry 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 Website and/or other public websites, and you are assigning all ownership rights and usage rights to your Online Entry to Sponsor.
4. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and the Grand Prize Winner (defined below) by accepting a prize grants to Sponsor and Sponsor's affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, 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.
5. SELECTION OF SWEEPSTAKES WINNERS: One potential grand prize winner (“Grand Prize Winner”) will be selected from all eligible entries received in a random drawing to be held on or about September 23, 2013 after the close of the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received. The potential Grand Prize Winner will be notified via e-mail to the e-mail address he/she used to submit his/her Online Entry within two (2) weeks 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 Grand Prize Winner is disqualified for any reason, Sponsor may, in Sponsor's sole discretion, award the applicable prize to an alternate potential Grand Prize Winner selected at random. In Sponsor’s sole discretion, disqualification, forfeiture and the selection of an alternate Grand Prize Winner may result from any of the following: (1) a potential Grand Prize Winner’s failure to respond to notification promptly after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential Grand Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential Grand Prize Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within three (3) days after its transmission; and (5) 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 Grand Prize Winner.
6. PRIZES: One (1) Grand Prize (“Prize”) will be awarded in this Sweepstakes, which will consist of: one (1) pair of tickets to the premiere of the theatrical motion picture Hunger Games: Catching Fire (“Premiere”) (Approximate Retail Value (“ARV”) forty dollars and zero cents ($40.00)). Grand Prize Winner will need to pick up the Prize at Will Call the day of the Premiere. The Premiere is currently scheduled to take place on or about November 18, 2013, at a to-be-determined location in Los Angeles, California. Nothing herein shall be construed to require Lions Gate to hold the Premiere. In the event that the Premiere does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure or for any other reason, then Sponsor’s prize obligation to the Grand Prize Winner shall be nullified and no other or additional compensation shall be awarded.
THE PRIZE IS 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).
All expenses not specifically mentioned herein are not included as part of any Prize package, and are solely the Grand Prize Winner’s responsibility, including but not limited to round trip transportation between the Grand Prize Winner’s residence and the Premiere, parking fees, food and beverages, excursions, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Grand Prize Winner and Guest (and Guest’s Parent/Legal Guardian if Guest is a minor) will each be required to execute and return a Release of Liability form, which shall include all Prize-related details. Any difference between actual value and stated ARV will not be awarded. All taxes are the responsibility of the Grand Prize Winner, who will receive a form 1099 reflecting the actual retail value of the Prize received, if applicable. Prize is not redeemable for cash. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted.
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 GRAND PRIZE WINNER OR A GRAND PRIZE WINNER’S GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF THE TRAVEL AND/OR ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
7. 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 Grand Prize Winner 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 (i) the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; (ii) participation in this Sweepstakes or in any activity or travel related thereto; or (iii) 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.
8. 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 Grand Prize 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 the 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)). Grand Prize Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the Prize.
9. FORCE MAJEURE: Released Parties shall not be liable to Grand Prize Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control.
10. BINDING ARBITRATION OF DISPUTES: We 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 the Sweepstakes, a 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.
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.
12. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the names of the Winners, send a self-addressed stamped envelope to: “Fandango’s Hunger Games: Catching Fire #TickTock11 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 (3) 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.