FANDANGO’S ETERNAL SUNSHINE OF THE SPOTLESS MIND 20TH ANNIVERSARY COLLECTION CONTEST OFFICIAL RULES (“OfficialRules”)
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY SUBMITTING AN ENTRY TO THIS CONTEST DURING THE PROMOTION PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE RELEASED ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. THE CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
1.HOW TO ENTER: Beginning at9AMPacific Time (“PT”) on Monday, March 25th, 2024until 11:59PM PTonMarch 31,2024 (the“Promotion Period”), you may enter (the “Entry”) the “Fandango’s Eternal Sunshine of the Spotless Mind 20th Anniversary Collection Contest” (the“Contest”) by (i)following Fandango on Facebook, and (ii) commenting on Fandango’s Facebook post regarding the Contest (the “Post”), telling us which Eternal Sunshine of the Spotless Mind quote is your favorite, and why, and tagging someone you want to watch the movie with.
Entries generated by script, macro or other automated means, and Entries by any means which subvert the entry process, are void. By submitting an Entry, you agree to the Official Rules. There is a limit of one (1) Entry per person. Entries received from any person in excess of the stated limitation, or which are incomplete, will be void. Subsequent attempts made by the same individual to submit multiple Entries by using multiple or false Facebook accounts or otherwise may be disqualified.
To enter the Contest you must have a Facebook account. You may obtain an account for free by visiting https://ƒwww.Facebook.com/ and following their instructions on how to create a profile. Please note that you must agree to comply with Facebook’s Terms of Use in order to create a Facebook account. If your Facebook profile is set to the “Private” setting, your Entry may be disqualified and ineligible for consideration in the Contest. If you choose to submit via Facebook on your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
2. PRIZE: There is one (1) prize available to be awarded as part of the Contest, consisting of: (i) one (1) “Would You Erase Me” Hoodie, one (1) A Fading Memory T-shirt, one (1) knitted beanie, one (1) Meet Me In Montauk candle (together, the “Prize”) with an approximate retail value of $170 (the “ARV”). The ARV is estimated for purposes of these Official Rules only.
The Prize is non-transferable, non-exchangeable, and not redeemable for cash. Sponsor (as defined below), in its sole discretion, reserves the right to substitute any element of the Prize, or the entire Prize, for a prize of equal or greater value for any reason. Sponsor makes no representations or warranties with respect to any Prize or any element thereof. The Prize includes delivery to one (1) address in the Eligibility Area, as supplied by the winner selected by Sponsor (the “Winner”). Any other costs or expenses associated with the Prize will be the sole responsibility of the Winner. By accepting a Prize, the Winner agrees to participate in publicity related to the prize draw/selection, including, but not limited to, Sponsor's unlimited use of the Winner’s name, image, picture, video, biographical information, statements, voice, and likeness in any advertising and publicity relating to the Contest and/or ETERNAL SUNSHINE OF THE SPOTLESS MIND (the “Film”), in any media or format, whether now known or hereafter developed, including, but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice to the Winner. The Winner further agrees to execute and return, within seven (7) days of Prize notification, an IRS form, if applicable, along with an affidavit of eligibility and/or release of liability and publicity (where permitted by law), and any other additional documentation requested by Sponsor.
3.ELIGIBILITY: The Contest is only open to legal residents of the United States of America who: (i) reside within the fifty (50) United States of America and District of Columbia (the“Eligibility Area”), (ii) enter from within the Eligibility Area, and (iii) have reached the age of eighteen (18) years of age or older at the time of entry. For the avoidance of doubt, this Contest is void where restricted or prohibited by law. Employees, officers, and representatives of Sponsor and each of its affiliates, subsidiaries, sales representatives, Prize providers, advertising, marketing, public relations, fulfillment, judging and promotional agencies, and their immediate family members (as defined below), of each, and those persons living in the same households, whether or not related, are not eligible to participate in the Contest. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, and their respective spouses. “Household members” shall mean people who share the same residence at least three (3) months a year. Winning the Prize is contingent on fulfilling all requirements in these Official Rules. All federal, state and local laws and regulations apply. Void where prohibited or restricted.
4.WINNER SELECTION/NOTIFICATION: The Winner will be selected on or about April 1, 2024, by Sponsor in its sole discretion, based on the content of the Entry, and conditioned upon receipt of sufficient qualified Entries. Odds of winning the Prize depend on the total number of eligible Entries received. Sponsor’s decisions are final and binding in all matters regarding this Contest. The Winner will be notified on or aboutApril 3, 2024, by Facebook direct message. If a Winner cannot be contacted or does not timely respond to Sponsor’s communication, Sponsor, in its sole discretion, may, but is not obligated to, attempt to contact up to three (3) alternate Winners in accordance with the above procedure, after which the Prize may go un-awarded if it is not properly claimed. If any Winner is found to be ineligible for the Contest, has not complied with these Official Rules, or declines the Prize for any reason prior to award, such Winner will be disqualified, and an alternate Winner may be selected at Sponsor’s sole discretion. Sponsor is not responsible for any cancellations, delays, diversions, or substitutions, or any act or omission whatsoever with respect to any Prize.
5.WAIVER OF LIABILITY: By entering the Contest, each entrant waives the right to assert, as a cost of the chance to win a Prize, any and all liability that might arise from redeeming or seeking said Prize, and entrant releases Sponsor, its affiliates, subsidiaries, and their respective employees, officers, directors, shareholders, agents, Prize providers, and promotion and advertising agencies (collectively, the “Released Parties”), from any and all liability, loss, or damage (including, but not limited to, liability for any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind even if the Released Parties have been advised of the possibility of such loss or damages): (i) incurred with respect to the awarding, receipt, possession, use, and/or misuse of any Prize or participation in any Prize-related activities and acknowledges that said Released Parties has neither made, nor is in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, related to any Prize including its quality, mechanical condition, or fitness for a particular purpose; and (ii) that may arise in connection with the Contest, including but not limited to any Contest-related activity or element thereof, the entrant’s entry, participation, or inability to participate in the Contest or in any parts thereof, and any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties. Each Winner will be solely responsible for paying all applicable federal, state, or local taxes on the awarded Prize. Sponsor will not accept any entries that are incomplete, illegible, damaged, late, lost, misdirected, or sent by certified, registered, or postage-due mail. Sponsor is not responsible for the failure or unavailability of hardware, software, electronic communications, interrupted or unavailable network server or other Internet connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled, or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures, or difficulties or for other errors, omissions, interruptions, or deletions of any kind, whether human, mechanical, or electronic, or for any damage to any person's computer related to participating in the Contest. Sponsor is not responsible for entrant’s inability, for whatever reason, to submit information in connection with the Contest. Proof of submitting information is not proof of delivery or receipt. Sponsor is not responsible for illegible, unintelligible, late, lost, or stolen entries or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human errors which may occur in the processing of any entries in this Contest. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. Each Entry must be submitted by the entrant himself/herself. Any entrant who attempts to enter with multiple accounts and/or identities, or uses any other device or artifice to interfere with the proper functioning of this Contest will be disqualified from participation in the Contest. If, in the judgment of Sponsor, the Contest is compromised by virus, bugs, unauthorized human intervention, or other causes beyond the control of Sponsor that corrupt the administration, security, fairness, or proper functioning of the Contest, Sponsor reserves the right, in its sole discretion, to discontinue, suspend, terminate, or modify the Contest. In the event of any such discontinuation, suspension, termination, or modification, the Winner of any remaining Prize may be determined from among all eligible unaffected Entries in a random drawing to be conducted by Sponsor following the discontinuation, suspension, termination, or modification of the Contest. By entering this Contest, entrants agree that each Entry becomes the property of Sponsor, that the Entry will not be returned, and that such Entry may be used by Sponsor for any proper purpose. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Contest for the purposes of administering the Contest, prize fulfillment, marketing, and as otherwise disclosed in Sponsor’s Privacy Policy as posted onwww.Fandango.com/policies/privacy-policy. By entering this Contest., you consent to such collection, use, and disclosure of your personal information.You may unsubscribe from receiving marketing emails from Sponsor at any time after entering the Contest and doing so will not affect your chances of winning. Any attempt to defraud Sponsor may be prosecuted and will result in disqualification and forfeiture of the Prize. This Contest is subject to all applicable federal, state, and local laws and regulations. Additionally, Sponsor reserves the right to amend these Official Rules from time to time if it considers it reasonable or necessary to do so. Updated versions of the Official Rules will be posted here and will bind all entrants.
6.CHOICE OF LAW/LIMITATION OF LIABILITY: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any Prize shall be resolved individually, without resort to any form of class action, and exclusively by the federal and/or state courts of the State of New York, U.S.A., located in the county of New York; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (not to exceed USD $50.00), including costs associated with entering the Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, special, exemplary, and/or consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES. IN NO EVENT SHALL ANY PARTY RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION, OR EXPLOITATION OF THE FILM OR CONTEST, OR ANY OTHER PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES.
7.LIMITATION OF LIABILITY: Released Parties shall not be liable to the Winner or any other person for any delay and/or 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, epidemic, pandemic, quarantine, 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. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
8.AUTHORIZED ACCOUNT HOLDER: In the event of a dispute as to the identity of an entrant based on an email address, the Entry will be declared made by the authorized account holder of the email address at the time of the applicable Entry.“Authorized account holder”is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the individual who submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
10.MISCELLANEOUS: 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 of the Official Rules is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that term or any other term. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, Sponsor’s privacy policy, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
11.SPONSOR: The “Sponsor” of this Contest is Fandango Media, LLC,12180 Millennium Drive, Los Angeles, CA 90094
This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook.
