Fandango Media, LLC
"Fandango's Summer Sweepstakes"
Fandango’s Universal Studios Summer Sweepstakes
To participate in this Sweepstakes (defined below), you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. You must have ACCESS TO THE Internet and a valid email address to participate. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES (EXCLUDING PRIZE USE CLAIMS) BY BINDING ARBITRATION AS PROVIDED IN SECTION 10 BELOW.
- Sponsor: Fandango Media, LLC (“Fandango” or “Sponsor”), 407 N. Maple Drive, Suite 300, Beverly Hills, CA 90210.
- Eligibility: The “Fandango’s Universal Studios Summer 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). 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 LLC d/b/a Universal Studios Hollywood (“Universal Studios Hollywood”), Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort (“Universal Orlando”) (collectively, Universal Orlando and Universal Studios Hollywood shall be referred to herein as “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”), 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.
- Sweepstakes Entry: The Sweepstakes begins at 9:00:00 a.m. Pacific Time (“PT”) on June 14, 2019 and ends at 9:00:00 a.m. PT on July 2, 2019 (“Promotion Period” or “Sweepstakes Period”). Sponsor’s computer is the official clock for this Sweepstakes.
INSTRUCTIONS FOR ENTRY: During the Sweepstakes Period, go to https://www.fandango.com/sweepstakes/SummerGetaway and submit your name, email address, and zip code. (“Entry”). You may enter the Sweepstakes only once. Carefully read the Official Rules, then click the check box signifying that you have read, fully understand and agree to these Official Rules and agree to receive occasional email communications from Sponsor. By entering the Sweepstakes you will also be signed up to receive Fandango movie news via the e-mail address provided in the Entry. You may unsubscribe from receiving email communications from Sponsor at any time.
Any attempts by an entrant to submit more than one (1) entry into this Sweepstakes will result in such entrant being disqualified. 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.
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. 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, and/or Universal. Sweepstakes Entities 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.
- 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 universe in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
- Random Drawing: One (1) potential Grand Prize winner (“Grand Prize Winner” or “Winner”) will be selected on or about July 3, 2019 after the close of the Promotion Period in a random drawing from among all eligible Entries received during the Promotion Period. The random drawing will be conducted by Sponsor, whose decisions are final and binding on all matters related to the Sweepstakes.
- Winner Notification: Potential Grand Prize Winner will be notified by Sponsor on or about July 3, 2019 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 within one (1) week and/or if the email notification is returned as undeliverable after two (2) attempts, such potential Winner may be disqualified and an alternate potential Winner will be selected from all remaining eligible Entries received during the Promotion Period. Potential 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, “Winner Documents”). If 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 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.
Sponsor is 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 https://www.fandango.com/sweepstakes/SummerGetaway. 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 and Approximate Retail Value (“ARV”):
There will be one (1) grand prize (“Grand Prize”) awarded in this Sweepstakes. The Grand Prize shall consist of the following:
Grand Prize Winner will receive a four (4) day, three (3) night trip (“Trip”) for Winner and up to three (3) guests (“Guests”) to one (1) of the following two (2) destinations as selected by the Grand Prize Winner: either Option (A) Universal Orlando Resort in Orlando, Florida; or Option (B) Universal Studios Hollywood in Los Angeles, California.
OPTION (A): UNIVERSAL ORLANDO RESORT
If the Universal Orlando Resort destination is chosen by the Winner, Trip will include: (a) round trip economy class air transportation for Grand Prize Winner and up to three (3) Guests from a major commercial airport near Grand Prize Winner’s home (as determined by Universal Orlando in their sole discretion) to Orlando, FL*; (b) three (3) nights’ standard hotel accommodation (one room, quadruple occupancy, room and tax only) at Loews Sapphire Falls Resort or at another Universal Orlando Resort hotel (as determined by Universal Orlando in their sole discretion); (c) non-exclusive ground transportation to and from airport and hotel in Orlando, FL*; (d) 3-Park3-Day Park-to-Park tickets for admission to Universal Studios Florida and Universal’s Islands of Adventure theme parks and Universal’s Volcano Bay water theme park, for Grand Prize Winner and up to three (3) Guests; and (e)admission to one (1) Blue Man Group Show (exact date and time to be determined by Universal Orlando in their sole discretion) for Grand Prize Winner and up to three (3) Guests. The Approximate Retail Value (“ARV”) of the Universal Orlando Resort Trip is Four Thousand Seventy-Six and 64/100 Dollars ($4,076.64)
* For a winner who is a Florida resident and chooses the Universal Orlando Resort destination, air transportation may be substituted with another method of transportation determined by Universal Orlando in its sole discretion.
OPTION (B): UNIVERSAL STUDIOS HOLLYWOOD
If the Universal Studios Hollywood destination is chosen by the Winner, Trip will include: (a) round trip economy class air transportation for Grand Prize Winner and up to three (3) Guests from a major commercial airport near Grand Prize Winner’s home (as determined by Universal Studios Hollywood in their sole discretion) to Los Angeles, CA**; (b) three (3) nights’ standard hotel accommodation (one room, quadruple occupancy, room and tax only) at Sheraton Universal Hotel (or at another nearby hotel as determined by Universal Studios Hollywood in their sole discretion); (c) non-exclusive ground transportation to and from airport and hotel in Los Angeles, CA**; and (d) two (2) days general admission tickets to Universal Studios Hollywood for Grand Prize Winner and up to three (3) Guests. The Approximate Retail Value (“ARV”) of the Universal Studios Hollywood Trip is Four Thousand Eight Hundred Sixty-Nine Dollars ($4,869.00).
** For a winner who is a California resident and chooses the Universal Studios Hollywood destination, air transportation may be substituted with another method of transportation by Universal Studios Hollywood in its sole discretion.
GENERAL PRIZE CONDITIONS
Trip must be completed by July 2, 2020 or Prize will be forfeited. Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to Universal and Sponsor approval. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date. If Winner elects to partake in any or all portions of his/her Prize with fewer than the allotted number of Guests or no Guests, the Prize will be awarded to Winner and each participating Guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the hotel. Unless child or ward of Winner or one of the allotted Guests, each Guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner. ARV of Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated ARV and final ARV of Prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. Winner and Guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Universal.
Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor and prize providers shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Additional prize award details and travel information to be provided to the Grand Prize Winner at the time of notification.
All taxes on the Grand Prize, if any, are the sole responsibility of Winner, who will receive an IRS Form 1099 reflecting the actual value of the Grand Prize, if applicable. Grand 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.
PRIZES ARE 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 OR GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF THE TRAVEL AND/OR ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
- 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, Universal Orlando, Universal Studios Hollywood, 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.
- Prize Provider: Universal Orlando and Universal Studios Hollywood are prize providers only in this Sweepstakes; are not sponsors of this Sweepstakes; and are not responsible for the administration of the Sweepstakes, the collection of the entries or the conduct of the draws. Notwithstanding anything contained herein, all disputes, claims, and actions arising out of or relating to any person’s use of, or participation in, the Universal Orlando Resort Trip itself shall be resolved by applying the laws of Florida, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida; and all disputes, claims, and actions arising out of or relating to any person’s use of, or participation in, the Universal Studios Hollywood Trip itself shall be resolved by applying the laws of California, without regard to conflict of laws provision therein, and shall be solely and exclusively brought in state or federal courts within California (collectively “Prize Use Claims”). 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.
- 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.
- 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, a 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.
- Winners' List: For winner’s list, send an email to email@example.com with “Fandango’s Universal Studios Summer Sweepstakes Winner” in the subject line. All such requests must be received within three (3) months of the end of the Promotion Period.
Warner Bros. Entertainment Inc., and its parent, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.
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