Fandango Media, LLC
"Furious 7 Sweepstakes | Fandango"
“Fandango Furious 7 Sweepstakes”
To participate in this Sweepstakes (defined below), you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. You must have ACCESS TO THE Internet and a valid email address to participate. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 9 BELOW.
1. Sponsor: Fandango, LLC (“Fandango”), 12200 W. Olympic Boulevard, Suite 400, Los Angeles, CA 90064.
2. Eligibility: The “Fandango Furious 7 Sweepstakes” ("Sweepstakes”) is open only to persons who are legal residents of forty-nine (49) of the fifty (50) United States and the District of Columbia (void in Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations), who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and who have an active email account and Internet access as of 10/31/14. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Universal City Studios, LLLP (“Universal”), and all associated agencies and each of their respective parent corporations, subsidiaries, affiliates, sales representatives, distributors, contractors, vendors, licensees or agents, and each of their respective officers, directors and employees (all of the foregoing collectively, the “Sweepstakes Entities”), as well as persons involved in the creation, development or production of the motion picture Furious 7, and immediate family and household members of such individuals, are not eligible to enter or win the prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of U.S. residency upon request prior to prize award. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. 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.
3. Sweepstakes Entry: The Sweepstakes begins at 10:00:00 a.m. Pacific Time (“PT”) on Friday October 31, 2014 and ends at 10:00:00 a.m. PT on Wednesday February 4, 2015 (“Promotion Period” or “Sweepstakes Period”). Sponsor’s computer is the official clock for this Sweepstakes.
INSTRUCTIONS FOR ENTRY: During the Sweepstakes Period you will be automatically entered into the Sweepstakes when you sign up to receive an email message FanAlert™ to be notified when show times for the motion picture Furious 7 are available in your area by entering your email address and zip code via any one of the following: (1) Fandango’s mobile website, (2) Fandango’s mobile app, (3) Fandango’s tablet app, or (4) Fandango’s online Furious 7 Sweepstakes landing page at www.fandango.com/sweepstakes/furious7 (“Entry”). You may enter the Sweepstakes only once.
Any attempts by an entrant to submit more than one (1) entry into this Sweepstakes will result in such entrant being disqualified. Entrants may also elect to sign up for one or more of the following optional free services: 1) Sign up to receive Fandango movie news via e-mail; and/or 2) Sign up to receive e-mail updates from Universal. Signing up for any of the optional free services will not increase your chances of winning the Sweepstakes. 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.
*IMPORTANT: CALLING PLAN, CELLULAR PROVIDER OR CARRIER MESSAGE (INCLUDING ERROR MESSAGE), DATA AND MINUTE RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE SWEEPSTAKES. YOU ARE STRONGLY ADVISED TO CHECK YOUR MOBILE PHONE/DEVICE CARRIER’S RATE PLAN BEFORE ATTEMPTING TO PARTICIPATE IN THE SWEEPSTAKES VIA SIGNING UP FOR FANALERT ON THE MOBILE WEBSITE, MOBILE APP OR TABLET APP. WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS OR CARRIERS.
Entries by an individual person in excess of the preceding limitations or mass entry attempts will result in disqualification of the person and void all Entries related to such conduct. Use of automated/programmed/robotic means of submitting an Entry or other artifice or device to participate in the Sweepstakes is prohibited and any Entry submitted/received using such means will be voided and the individual disqualified from participation in the Sweepstakes and perhaps other sweepstakes, contests or promotions sponsored by Fandango, LLC. Use of automated/programmed/robotic means of obtaining an Entry is also prohibited and any Entry received using such means will be voided and the individual disqualified from participation in the Sweepstakes and perhaps other sweepstakes, contests or promotions sponsored by Fandango, LLC. Sponsor and Universal will not be responsible for any late, lost, stolen, incomplete, illegible, garbled, corrupted, inaccessible or misdirected Entry not received or recorded for any reason; and, any such Entry is void.
You may enter this Sweepstakes during the Promotion Period, and/or any other sweepstakes, contest(s) or promotions sponsored by Fandango, but you may only win one (1) Grand Prize from Fandango within any sixty (60) day period.
4. Publicity: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and the Winner (defined below) by accepting a 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 entry and submission, including name, email, city, state and biographical material, where applicable (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. Random Drawings: One (1) potential Grand Prize winner (“Grand Prize Winner”) will be selected on or about 2/5/14 after the close of the Promotion Period in a random drawing from among all eligible Entries received during the Promotion Period. Random Drawing will be conducted by Sponsor, whose decisions are final and binding on all matters related to the Sweepstakes.
6. Winner Notification: Potential Grand Prize Winner will be notified by Sponsor on or about February 6, 2015 after the close of the Promotion Period and after the Sweepstakes random drawing has been held via email to the email address included in the potential winner’s Entry. If a potential winner does not reply to such notification by February 11, 2015 and/or if the email notification is returned as undeliverable after two (2) attempts, such potential Grand Prize Winner may be disqualified and an alternate potential Grand Prize Winner will be selected from all remaining eligible Entries received during the Promotion Period. Potential Grand Prize Winner will be required to complete, sign, have notarized and return within five (5) business days of transmission, an Affidavit of Eligibility, a Liability Release and Indemnification, and, where imposing such conditions is legal, a Publicity Release (collectively, “Grand Prize Winner Documents”). If Grand Prize Winner Documents are not returned to Sponsor within the specified time period, or if any potential winner is found to be ineligible or otherwise not in compliance with these Official Rules or declines a prize for any reason prior to award, prize may be forfeited and potential winner may be disqualified. If a potential winner is disqualified for any reason, prize may be awarded to an alternate Potential Grand Prize Winner selected from all remaining eligible Entries received during the Promotion Period. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. "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 (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Once all Grand Prize Winner Documents are received, correctly executed and in full compliance of these Official Rules, Potential Grand Prize Winner may be referred to hereafter as the “Winner”.
Sponsor and Universal are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prizes by means of a random drawing comprised of all eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the prizes in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes, if any, will be posted on www.fandango.com/sweepstakes/furious7. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, Entries (including the inaccurate or incomplete recordation of Entries); or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, malfunction of the Fandango mobile application, the Fandango tablet application, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from participation in or downloading any materials from this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
7. Prize, Approximate Retail Value (“ARV”) and Odds of Winning:
There will be one (1) Prize (“Prize” or “Grand Prize”) awarded in this Sweepstakes. The Prize will consist of: one (1) Smart TV (ARV $2,500.00 USD); one (1) Home Theater System (ARV $1,000.00 USD); Fast and Furious six (6) movie collection BluRay + Digital DVD Set (ARV $60.00 USD); one (1) XBOX One Gaming Console (ARV $400.00 USD); and one (1) Fandango Promotional Code (“Promo Code”) worth up to one hundred forty dollars and zero cents good toward the purchase of movie tickets to see Furious 7 (seven (7) tickets maximum; one time use only) on www.Fandango.com or via the Fandango mobile app (ARV $140.00 USD). The total ARV of the Grand Prize is four thousand one hundred dollars and zero cents ($4,100.00 USD).
Grand Prize Winner must have Internet access to redeem Promo Code. Promo Code shall be valid until August 30, 2015 for one-time use only to see Furious 7. Promo Code is only valid for purchases made at www.fandango.com (the “Website”) or via a Fandango app for Fandango partner theaters located in the U.S. and cannot be redeemed directly at any Fandango partner theater box office or via the 1-800-Fandango voice telephone service. Promo Code has no cash value, may not be combined with any other offers or promotions, will not be replaced if lost or stolen, and is not for resale or commercial use. If cost of movie tickets with Fandango’s convenience fee included is more than maximum value of a Promo Code, the user must pay the difference with a valid payment method. If a Promo Code is not used to purchase movie tickets on the Website or via a Fandango app during the period in which it is effective, it will expire and will not be extended or replaced. Any price difference between movie tickets purchased and maximum value of the Promo Code will not be refunded. Promo Code will be delivered to Grand Prize Winner by email to the email address used at entry. The redemption of Fandango Promo Codes is subject to Fandango’s terms and conditions at www.fandango.com/termsofuse.aspx and www.fandango.com/PurchasePolicy.aspx.
Grand Prize Winner will need to submit a valid US address to Fandango for remaining portions of the Grand Prize. These portions will be provided to an address in the United States. Grand Prize Winner bears all risk of loss or damage to the Grand Prize after it is placed by Sponsor with a third party common carrier for shipment to Grand Prize Winner. All taxes on Prize, if any, are the sole responsibility of Grand Prize Winner, who will receive an IRS Form 1099 reflecting the actual value of the Prize, if applicable. Prize elements will not be replaced if lost or stolen and are not redeemable for cash, unless required by law. No substitution allowed, except at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Prize will be awarded provided it is validly claimed by February 25, 2015, after which no alternate winner will be selected or unclaimed Prize awarded. Winner will be required to execute and return Grand Prize Winner Documents.
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. SWEEPSTAKES ENTITIES EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF ANY PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY PRIZE WINNER OR OTHER USERS OF THE PRIZE FOR ANY REASON INCLUDING ANY PART OF THE PRIZE OR ANY OTHER CAUSE BEYOND SPONSOR’S REASONABLE CONTROL.
8. Conditions and Limitations of Liability: By entering and participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By entering this Sweepstakes entrants waive the right to claim any ambiguity or error in the 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. By participating in this Sweepstakes, entrants agree, for themselves and for their heirs, executors and administrator(s), (a) to release, defend, and hold harmless Sponsor and Universal and each of their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (all such individuals and entities collectively referred to herein as the "Released Parties") from any and all actions, claims, liability, damage, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of any prize (including any travel related thereto), (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and/or any Sweepstakes related activity, and (c) to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by Prize suppliers that are sent along with Prizes. By entering, entrants also authorize the Released Parties to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winners’ list (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. Force Majeure: The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Released Parties (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. Failure to comply with these conditions may result in disqualification from the Sweepstakes in Sponsor’s sole discretion.
9. 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, 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.
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.
11. Winners' List: For winner’s list, send an email to email@example.com with “Fandango Furious 7 Sweepstakes Winner” in the subject line. All such requests must be received within three (3) months of the end of the Promotion Period.
Universal City Studios LLLP and their respective parents, affiliates and subsidiaries are not responsible for the collection, submission or processing of Entries, the administration of the Sweepstakes or the selection of winners.
// End of Official Rules //
“Furious 7” Motion Picture Artwork™ and © 2014 Universal Pictures. All Rights Reserved.