Fandango Media, LLC
"The Hunger Games: Mockingjay - Part 2 Sweepstakes | Fandango"
Fandango’s The Hunger Games: Mockingjay - Part 2 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 BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW.
1. ELIGIBILITY: “Fandango’s The Hunger Games: Mockingjay - Part 2 Sweepstakes” (the "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 October 22, 2015, with access to the Internet at all times during the Sweepstakes Period (defined below) and subsequent Prize Award Period (defined below). All employees of Fandango Media, LLC (“Sponsor”), Lions Gate Films Inc. (“Lionsgate”), 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, 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. 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. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins at 10:00 a.m. Pacific Time (“PT”) on October 22, 2015 and ends at 10:00 a.m. PT on November 23, 2015 (the "Sweepstakes Period"). Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.
3. SWEEPSTAKES ENTRY INSTRUCTIONS: There are two (2) separate ways to enter this Sweepstakes: through a Purchase Entry (defined below) and/or through an Alternative Entry (defined below in Section 4) (together, “Entry(ies)”).
4. ALTERNATIVE MEANS OF ENTRY: During the entire Sweepstakes Period, you may also choose to enter the Sweepstakes without purchasing a movie ticket or tickets by navigating to www.fandango.com/sweepstakes/mockingjaypart2 (“Alternative Entry(ies)”). Complete the online entry form with your first and last name, zip code, and email address. Limit of ten (10) Entries in total per person, per email address and per household during the Sweepstakes Period, regardless of method of entry (or combination thereof). Any attempts by an entrant to submit more than ten (10) Entries into this Sweepstakes will result in such entrant being disqualified. Alternative Entries will be deemed submitted by the Authorized Account Holder of the email address through which the entry was submitted. Entries must be received during the Sweepstakes Period to be eligible for the Sweepstakes.
You may enter this Sweepstakes during the Sweepstakes 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.
5. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each 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, email, 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: One (1) potential grand prize winner (“Grand Prize Winner” or “Winner”) will be selected from all eligible Entries received in a random drawing to be held on or about December 4, 2015. The potential Winner will be notified via email within three (3) days after the drawing (“Prize Award Period”) to either: (1) the email address associated with the Fandango account used for his or her Purchase Entry; or (2) the email address submitted with his/her Alternative Entry. 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 Winner is disqualified for any reason, Sponsor may, in Sponsor's sole discretion, award the 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 email 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, where legal, (collectively, the “Prize Claim Documents”) within three (3) days after its transmission, if and as applicable; (5) a potential Prize Winner’s failure to validly claim the Prize by January 11, 2016; and (6) any other non-compliance with these 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 Prize . 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 Prize 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 Prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. 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 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 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. PRIZE: One (1) grand prize (“Grand Prize” or “Prize”) will be awarded in this Sweepstakes. The Grand Prize shall consist of: two (2) tickets for Grand Prize Winner and one (1) guest (“Guest”) to “The Hunger Games in StageAround” at Wembley Theatre in London, England (approximate retail value (“ARV”) of each ticket $110.00 USD), and travel and lodging for Grand Prize Winner and Guest to be awarded specifically and totally as one (1) check (“Check”) worth Four Thousand Seven Hundred Dollars and zero cents (ARV $4,700.00 USD).
The total ARV of the Grand Prize is Four Thousand Nine Hundred Twenty Dollars and zero cents ($4,920.00 USD).
Grand Prize Winner will be issued a Check and will not receive further financial or other assistance in planning or executing the travel, hotel stay, or other Grand Prize components. All expenses related to the Grand Prize and the trip are not included as part of the Grand Prize, and are solely Grand Prize Winner’s responsibility, including, but not limited to: all air and ground transportation, hotel and hotel taxes, all food and beverages and room service, travel insurance, excursions, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.
The Grand Prize Winner and his/her Guest must possess all required travel documents as required by airport, airline and TSA authorities. Restrictions and blackout dates may apply. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions, substitutions or any acts or omissions whatsoever by the transportation companies or any other persons providing any of these services and accommodations necessitated by same. All expenses not specifically mentioned herein are not included as part of the Grand Prize, and are solely the Grand Prize Winner’s responsibility. If Grand Prize Winner elects to partake in any or all portions of the Grand Prize without a Guest, the Grand Prize will be awarded to Grand Prize Winner and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation.
If the cost of the travel, hotel stay, and other Grand Prize components is more than the value of the Check, Grand Prize Winner is solely responsible for the difference in cost. All expenses not specifically mentioned herein are not included as part of the Grand Prize and are solely Grand Prize Winner’s responsibility. If the Grand Prize Winner is unable to travel, the Grand Prize Winner will be under no obligation to use any or all of the Check for travel. Check will be messengered or shipped, as determined by Sponsor, only to an address in the United States. Grand Prize Winner bears all risk of loss or damage to Grand Prize after it is placed by Sponsor with a third party common carrier for shipment to Grand Prize Winner.
Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with this Sweepstakes. All expenses not specifically mentioned herein are not included as part of the Prize, and are solely Winner’s responsibility, including any applicable service fees. The Prize is not redeemable for cash except as required by law. The Prize is 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. The Prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. All Federal, state and local taxes on the Prize, and other expenses related to accepting and/or using a prize not listed in these Official Rules are the responsibility of the 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. The 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 Prize will be shipped only to an address in the United States. No portion of the Prize will be replaced if lost or stolen. The Prize will be awarded, provided it is validly claimed, by January 11, 2016, after which no alternate winners will be selected, nor unclaimed prize awarded.
Certain restrictions may apply. “The Hunger Games in Stagearound” tickets may be subject to separate terms and conditions and an expiration date may apply. In Sponsor’s sole discretion, tickets may be provided directly to Grand Prize Winner and/or Grand Prize Winner may be directed to pick up the applicable tickets at the applicable venue’s “will call” window, and in such event, Grand Prize Winner must provide a valid photo ID and the name on the photo ID must match the name provided to Sponsor during the winner verification process or such tickets will be forfeited and no substitution or additional compensation shall be provided. All tickets in connection with the Grand Prize are not transferable, refundable or redeemable for cash or credit at any time, nor will they be replaced if lost or stolen. The Grand Prize, or any of the components thereof, may not be sold, traded, transferred, refunded, substituted, commissioned or redeemed for cash value. Once Grand Prize Winner’s Guest is designated, such Guest may not be substituted, except at Sponsor’s sole discretion. In the event that the stage production 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 as to the tickets to the Grand Prize winner shall be nullified and no other or additional compensation shall be awarded. In the event the Grand Prize Winner and/or Guest engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize Winner and/or Guest home with no further compensation. The Grand Prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents and/or other documents.
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). 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 THE PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY THE PRIZE WINNER, GUEST OR OTHER USERS OF THE PRIZE FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
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 Fandango 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 Sweepstakes Entities and their respective shareholders (“Releasees”) 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 Prize, 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. FORCE MAJEURE: Releasees 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: “Fandango’s The Hunger Games: Mockingjay - Part 2 Sweepstakes Official Rules/Winner List Request”, 12200 W. Olympic Boulevard, Suite 400, Los Angeles, CA 90064. Requests for Prize Winners list must be received no later than three (3) months after the end of the Sweepstakes Period.
14. SPONSOR: Fandango Media, LLC, 12200 W. Olympic Boulevard, Suite 400, Los Angeles, CA 90064.
Lionsgate and its parent, affiliates, and subsidiaries are not responsible for the collection, submission or processing of entries, the promotion, administration or execution of this Sweepstakes, the selection of winners or the fulfillment of prizes.
// End of Official Rules //
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