OFFICIAL RULES FOR MOVIEPILOT.COM AUGUST 2012 Sweepstakes
- NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
- A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- INTERNET ACCESS IS REQUIRED.
- BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Moviepilot.com August 2012 Sweepstakes (“Sweepstakes”) begins at 12:00:01 am on August 1, 2012 and ends at 11:59:59p.m. on August 31, 2012 (“Sweepstakes Period”). All times are Eastern Standard Time. No purchase necessary to enter or win, and purchase will not improve odds of winning. Voice where prohibited by law.
This Sweepstakes is open only to legal residents of the fifty (50) States of the United States of America or of the District of Columbia who are at least 18 years of age or older (19 years or older in AL and NE, 21 years or older in MS) as of the date of entry in this Sweepstakes. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Moviepilot GmbH (“Sponsor”) or its parent company, divisions, subsidiaries, and affiliates are not eligible. For the purposes of this Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
An individual may win one prize only per each sweepstakes.
HOW TO ENTER:
To enter, visit moviepilot.com (the “Website”). There are one of two ways for entry: (1) you may be presented with an option to connect to moviepilot.com through a log-in with Facebook feature (which is our typical method of registration) or (2) when visiting site as a registered user, you may “subscribe to” certain movies selected by us. You may subscribe to several such movies, which will increase your odds of winning. You will be automatically entered and will receive preliminary notification by email within ten days of selection if you are a winner. The preliminary winner notification email will contain prompts for you to follow the on-screen links and instructions to completely fill out information to be able to redeem your prize, including your name, e-mail address, phone number, and mailing address. You will then receive further official notice that you are a winner via email.
For all prizes, winners will be selected by random draw upon completion of the Sweepstakes Period. Odds of winning depend on the overall number of eligible entries received, as well as the number of eligible entries by you.
Entries will be void if contact information is null or not current, even if selected as a winner. In addition, collection of prizes are subject to further rules and conditions in these Official Rules. Sponsor or its designee will attempt to notify the potential winner that he or she may have won a prize in this Sweepstakes by e-mail within approximately ten (10) days after the drawing. Potential winner must respond according to the instructions in five (5) days of the notification, or prize and any further participation may be forfeited in Sponsor’s sole discretion.
All prizes are not redeemable for cash. All prizes, if legitimately claimed and the conditions in these Official Rules are followed, will be awarded, if sufficient number of entries are received during the sweepstakes period. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
During the sweepstakes period there will be thirty (30) separate prizes awarded consisting of two free movie tickets to participating theaters in your area. The ARV of each set of prizes is approximately $25. The total ARV of all prizes is approximately $750. For all prizes, winners will be selected by random draw upon completion of the Sweepstakes Period. Odds of winning depend on the overall number of eligible entries received, as well as the number of eligible entries by you.
LIMITATION OF LIABILITY:
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SPONSOR As well as Facebook and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each (collectively “RELEASED PARTIES”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of A prize, while preparing for, participating in and/or traveling to or from any prize- OR SWEEPSTAKES-related activity including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation, or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability, or fitness for a particular purpose.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the rights, in its sole discretion, to void entries of any entrants or winners who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes or who have provided false information or obtained a prize by fraudulent means and Sponsor may seek damages from that person. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules.
If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes/Governing Law: Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in California, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
WINNER’S LIST/OFFICIAL RULES: To find out who won, send a self-addressed stamped envelope to Sponsor Moviepilot at Moviepilot, Inc., 1621 Abbot Kinney Blvd., Venice, CA 90291. For a copy of these Official Rules, visit http://moviepilot.com/ticketterms or contact us at email@example.com.
THE SPONSOR OF THIS SWEEPSTAKES IS:
Moviepilot GmbH, Mehringdamm 33, 10961 Berlin, Germany. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook.