Fandango Media, LLC
"2018 Holiday Daily Gift Card Giveaway & Movie Sweepstakes"
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 BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW.
1. ELIGIBILITY: “Holiday Daily Gift Card Giveaway & Movie Sweepstakes” (collectively, “Promotion” or "Sweepstakes”) presented by Fandango is open only to legal residents of forty-nine (49) states of the United States (the “U.S.”) 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 eighteen (18) years of age (or the age of majority in their state of residence, whichever is older) as of December 14, 2018, with access to the Internet at all times during the Promotion Period (defined below) and subsequent Prize Award Period (defined below). All employees of Fandango Marketing, Inc. (“Sponsor”) and any 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, together with Sponsor collectively, “Sweepstakes Entities”), and each of 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. 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) prize from Fandango within any sixty (60) day period. 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.
2. PROMOTION PERIOD: The Sweepstakes entry period begins at 12:01:00 a.m. Pacific Time (“PT”) on December 14, 2018 and ends at 11:59:59 a.m. PT on December 31, 2018 (the “Promotion Period”). Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.
3. SWEEPSTAKES ENTRY INSTRUCTIONS AND LIMITATIONS: There are two (2) separate ways to enter this Sweepstakes: (a) through a Purchase Entry (defined below), and/or (b) through a Standard Entry (defined below in Section 4) (together, “Entry(ies)”).
4. ENTRY INSTRUCTIONS:
PURCHASE ENTRY INSTRUCTIONS
During the Promotion Period, you may receive an automatic entry (“Purchase Entry”) by entering the Sweepstakes as follows: (1) visiting www.fandango.com (the “Website”) or the Fandango mobile app (the “App”) and (2) purchasing $50 or more (excluding shipping and handling fees) worth of Fandango Gift Card(s) in a single transaction on the Website or the App during the Promotion Period. One (1) qualifying purchase transaction during the Promotion Period counts towards one (1) Entry into the Daily Gift Card Giveaway only for the day the qualifying purchase is made and regardless of the amount of the purchase transaction.
*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 YOUR MOBILE DEVICE. WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.
ALTERNATIVE MEANS OF ENTRY – STANDARD ENTRY INSTRUCTIONS
During the Promotion Period, you may also enter the Sweepstakes without purchasing gift card(s) by filling out one (1) free standard sweepstakes entry form at www.fandango.com/sweepstakes/holidaydailygiveaway (“Standard Entry”). You will receive one (1) Entry into the Daily Gift Card Giveaway only for the day the Standard Entry is made for each Standard Entry submitted during the Promotion Period.
All Entries during the entire Promotional Period will be entered into the Grand Prize drawing at the end of the Promotional Period.
SWEEPSTAKES ENTRY CONDITIONS
Entries will be deemed submitted by the Authorized Account Holder of the account used in connection with the Gift Card purchase or free entry form. Entries must be received during the Promotion Period to be eligible for the Sweepstakes. An “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address or other online account 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 or online accounts for the domain or website associated with the submitted e-mail address or online account.
5. 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 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, e-mail, 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 WINNERS: five (5) potential daily prize winners (“Daily Prize Winner(s)”) will be selected from all eligible entries received during each day of the Promotion in a random drawing to be held on or about the day after the end of each applicable day. Each day of the Sweepstakes is a 24-hour period. The first day of the Sweepstakes starts at 12:01:00 a.m. on 12/14/18, and the last day of the Sweepstakes ends at 11:59:59 p.m. on 12/31/18. One (1) potential grand prize winner (“Grand Prize Winner”) will be selected from all eligible Entries received during the entire Promotion Period in a random drawing to be held on or about the day after the end of the Promotion. The potential Winner(s) and the Potential Grand Prize Winner will be notified via e-mail within three (3) days after the applicable drawing (“Prize Award Period”) to either: (1) the e-mail address used for his or her Purchase Entry; or (2) the e-mail address submitted with his/her Standard Entry. The drawings will be conducted by Sponsor, 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. In Sponsor’s sole discretion, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) a potential Winner’s failure to respond to notification promptly after its transmission; (2) the return of an e-mail notification as undeliverable after three (3) attempts; (3) a potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential Winner’s failure to execute and return a notarized Affidavit of Eligibility/Liability/Publicity Release within one (1) day after its transmission, if and as applicable; (5) a potential Prize Winner’s failure to validly claim the Prize by March 31, 2019; and (6) any other non-compliance with the Official Rules. In the event of Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner.
Sweepstakes Entities 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 and for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: human errors, errors in the advertising, these Official Rules, selection and announcement of the Winners and distribution of the prizes. Any notice of termination, modification or suspension of Sweepstakes will be posted on the Website. 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; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail 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 App, 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, APPLICATION 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. PRIZES: Ninety (90) daily prizes (“Daily Prizes”) will be awarded in this Sweepstakes to ninety (90) Prize Winners. The Daily Prize shall consist of 1 $25 Fandango Gift Card. The (“ARV”) of each Daily Prize is twenty-five Dollars ($25). One (1) grand prize (“Grand Prize”) will be awarded in this Sweepstakes to one (1) Grand Prize Winner. The Grand Prize shall consist of twenty-four (24) $25 Fandango Gift Cards. The (“ARV”) of the Grand Prize is $600 hundred Dollars ($600). The ARV of all Prizes is two thousand eight hundred fifty Dollars ($2,850). The Daily Prize and the Grand Prize are herein also referred to as the “Prize.”
Prizes are not redeemable for cash except as required by law. Prizes are not transferrable, except to a surviving spouse residing in the same household. Winner is not entitled to exchange or transfer prizes or to obtain cash or other substitutes, except Sponsor reserves the right to substitute prize(s) or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason. A Prize cannot be used in conjunction with any other promotion or offer. All federal, state and local taxes on a Prize, and other expenses related to accepting and/or using a prize not listed in these Official Rules are the responsibility of each Prize Winner, who will receive an IRS Form 1099 in his/her name for the fair market value of the Prize they have won for the calendar year in which the Prize was won, if applicable. Each Prize Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to Winner. The Prizes will be shipped only to an address in the United States. No portion of the Prizes will be replaced if lost or stolen. Prize will be awarded, provided it is validly claimed by March 31, 2018, after which no alternate winners will be selected, nor unclaimed prize awarded. Any difference between actual value and stated ARV will not be awarded.
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). 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, WINNER’S GUESTS, OR OTHER USERS OF THE PRIZE FOR ANY REASON, INCLUDING FROM ANY PART OF ANY APPLICABLE TRAVEL AND/OR ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
Fandango Gift Cards can only be used on Fandango.com, FandangoNOW.com or via participating Fandango or FandangoNOW apps; Gift Cards may not be redeemed in person or at any theater box office. Fandango Gift Cards are issued by Fandango Marketing, Inc. (also called “Issuer”). Issuer is responsible for the operation and maintenance of the Gift Card program. Gift Card cannot be resold. Fandango Gift Cards do not expire. Maintenance, dormancy or service fees do not apply to balances on Gift Cards. Issuer is the sole legal obligor to you. Fandango Gift Cards are not debit or credit cards. Gift Cards have no cash value, there are no credits, refunds or exchanges, and they may not be redeemed for cash (except as required by law). Purchase amounts that exceed the value of the tendered Card balance will require an additional payment for the balance due. Gift Cards are void where prohibited.
By purchasing, accepting or using the Fandango Gift Card, you agree to be bound by Fandango’s Gift Card Terms located at https://www.fandango.com/policies/gift-card-terms. The use of Fandango Gift Cards is also subject to Fandango’s other Terms and Policies located at www.fandango.com/terms-and-policies.
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 the App 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, 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 the Prize 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 or application 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 Sweepstakes Entity 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 a 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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 each 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 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)). Prize Winners assume 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 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 or relating to the Sweepstakes, the Prizes (except for any disputes arising from the loss or injury from the use of the Grand Prize (collectively, the “Prize Use Claims”)), 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. All disputes arising out of or relating to the Prize Use Claims shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Los Angeles County, California. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
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. FORCE MAJEURE: Released Parties shall not be liable to Prize Winners or any other person for failure to supply a 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.
13. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Prize Winners, send a self-addressed stamped envelope to: “Holiday Daily Gift Card Giveaway” Sweepstakes Official Rules/Winner List Request, Fandango, 407 N. Maple Drive, Suite 300, Beverly Hills, CA 90210. Requests for the Winner list must be received no later than three (3) months after the end of the Promotion Period.
14. SPONSOR: Fandango Marketing, Inc., 407 N. Maple Drive, Suite 300, Beverly Hills, CA 90210.