Fandango Media, LLC
"We Love Movies Sweepstakes | Fandango"
Fandango’s “We Love Movies Summer Sweepstakes”
To participate in this Sweepstakes, 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. VOID WHERE PROHIBITED. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 9 BELOW.
1. Sponsor: Fandango, LLC, 12200 W. Olympic Boulevard, Suite 400, Los Angeles, CA 90064.
2. Administrator: LeadDog Marketing Group, Inc., 440 Ninth Avenue, 17th Floor, New York, NY 10001.
3. Eligibility: Fandango’s “We Love Movies Summer Sweepstakes” ("Sweepstakes”) is open only to persons who are legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age (or the age of majority in the jurisdiction of their residence, whichever is older) who have an active e-mail account and Internet access as of 5/5/15. 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, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize, and/or each of their respective parent, subsidiary, affiliated and successor companies (collectively, the “Promotion 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 (3) months a year, whether related or not. Potential winner may be required to provide proof of U.S. residency upon request prior to prize award. Void in Puerto Rico and where prohibited or restricted by law.
4. Sweepstakes Entry: The Sweepstakes begins on or about 9:00:00 a.m. Pacific Time (“PT”) on Wednesday, May 6, 2015 and ends at 8:59:59 a.m. PT on Sunday, August 16, 2015 (“Promotion Period”). Sponsor’s computer is the official clock for this Sweepstakes. There will be one hundred and three (103) separate and distinct “Sweepstakes Periods” comprising the Promotion Period. The first Sweepstakes Period is to take place on 5/6/15 and the last Sweepstakes Period is to take place on 8/16/15. Each Sweepstakes Period lasts for one (1) day. For the purposes of this Sweepstakes, a “day” is defined as the twenty-four (24) hour period beginning at 9:00:00 a.m. PT on one calendar date and ending at 8:59:59 a.m. PT on the following calendar date.
There are two (2) ways persons can enter the Sweepstakes, each as further described below: 1) completing a ticket purchase online via www.Fandango.com or the Fandango App (a “purchase transaction”); 2) entering online via www.Fandango.com (the “Websites”). Any entries received via one of these two (2) ways will be referred to as an “Entry” (collectively, “Entries”).
DIRECTIONS FOR Entry BY TICKET PURCHASE ONLINE VIA www.FANDANGO.COM OR the Fandango app: During the Promotion Period, you may receive one (1) automatic entry per Sweepstakes Period by navigating the internet to www.fandango.com, or accessing the Fandango App on your mobile device* and purchasing at least one (1) Fandango movie ticket for any motion picture listed on the Website. You will receive one (1) Entry per purchase transaction regardless of the number of tickets purchased in the transaction. Limit of one (1) Entry in total during each Sweepstakes Period per person, per household, per email address, per Fandango account, per purchase transaction of any listed motion picture’s ticket(s) regardless of the number of email addresses or Fandango accounts an entrant may have or the number of motion picture tickets purchased in a single purchase transaction, and regardless of method of entry (or combination thereof). Any attempts by an entrant to submit more than one (1) Entry into this Sweepstakes per Sweepstakes Period will result in such entrant being disqualified. Entry will be deemed submitted by the authorized account holder of the email account used in connection with the movie ticket purchase. Entry must be received during each Sweepstakes Period to be eligible for that Sweepstakes Period.
*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.
DIRECTIONS FOR ENTRY VIA WWW.FANDANGO.COM: NO PURCHASE NECESSARY--FREE ENTRY. Navigate the internet to www.Fandango.com and click on the We Love Movies Summer Sweepstakes image which will take you to the Sweepstakes home page. Complete the online entry form with your first and last name, zip code, and email address. Limit of one (1) Entry in total during each Sweepstakes Period per person, per email address, per household, regardless of the number of email addresses a person may have, and regardless of the method of entry (or combination thereof). Any attempts by an entrant to submit more than one (1) Entry into this Sweepstakes per Sweepstakes Period will result in such entrant being disqualified. Entry will be deemed submitted by the authorized account holder of the email account used in connection with the No Purchase Necessary – Free Entry. Entry must be received during each Sweepstakes Period to be eligible for that Sweepstakes Period.
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 entry or other artifice or device to participate in the Sweepstakes is prohibited and any Entries 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. The Promotion Entities will not be responsible for late, lost, stolen, incomplete, illegible, garbled, corrupted, inaccessible, or misdirected Entries and, all such Entries are void.
BY SUBMITTING A SWEEPSTAKES ENTRY, YOU ARE INDICATING THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT AN ENTRY WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
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 (as described below) in any sweepstakes/contest/promotion sponsored by Fandango within any sixty (60) day period.
5. Random Drawings: Potential prize winners (each a “Prize Winner” or “Winner”) will be selected in a series of random drawings starting on or about 5/11/15 and taking place each subsequent Monday until 8/17/15 from among all eligible Entries received for applicable previous weeks’ Sweepstakes Periods. To be eligible for any Sweepstakes Period the Entry must be received and recorded by the Sponsor’s computer by the end of that Sweepstakes Period. All non-winning Entries for any Sweepstakes Period will NOT be carried forward to subsequent Sweepstakes Period(s). Drawings will be conducted by LeadDog Marketing Group, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes.
6. Winner Notification: Potential Prize Winners will be notified by Administrator via e-mail address submitted with Entry on or about the Monday of the applicable random drawing. If potential Prize Winner does not reply to such notification within five (5) business days and/or if the e-mail notification is returned as undeliverable after two (2) attempts, such Prize Winner may be disqualified and an alternate Prize Winner will be selected from all remaining eligible entries received during the applicable Sweepstakes Period. Potential 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, “Prize Winner Documents”). If Prize Winner Documents are not returned to Administrator within the specified time period, or if potential Prize Winner is found to be ineligible or otherwise not in compliance with these Official Rules or declines the prize for any reason prior to award, prize may be forfeited and potential Winner may be disqualified. If potential Winner is disqualified for any reason, prize may be awarded to an alternate Winner selected from all remaining eligible entries received during the applicable Sweepstakes 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 e-mail account. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address 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 for the domain associated with the submitted e-mail address.
The Promotion 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. 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 any such event, Sponsor shall conduct the Sweepstakes and make the Sweepstakes Prizes available to be won for affected Sweepstakes Period(s) in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on www.Fandango.com. 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/recorded on account of technical problems or traffic congestion on the Internet or at any website, 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 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, Approximate Retail Value (“ARV”) and Odds of Winning:
Prize (103 winners, 1 winner per Sweepstakes Period): Each Prize Winner will receive Fandango Movie Tickets ("Ticket(s)") for one (1) year (calculated as four (4) Tickets per month for twelve (12) consecutive calendar months) to be awarded as one (1) Fandango Promotional Code (“Promo Code”) worth up to seven hundred twenty dollars and zero cents ($720.00) good toward the purchase of movie tickets on www.Fandango.com or via the Fandango mobile app and valid until 8/30/2016. ARV of each Prize is $720.00.
Each Prize Winner must have Internet access to redeem Promo Code. Promo Code shall be valid until 8/30/16. 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.
Administrator will furnish an Internal Revenue Service Form 1099 to each Prize Winner for the value of prize in the name of Prize Winner for the calendar year in which it was won. Each Prize Winner is solely responsible for paying all taxes which may include but are not limited to: sales, income, local, state and federal. Sponsor reserves the right to substitute a similar Prize of comparable or greater value for any reason. Prize cannot be transferred by a Prize Winner or redeemed for cash and is only as detailed above, with no substitution of Prize by a Prize Winner. If a Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and an alternate Prize Winner may be selected from the remaining eligible Entries for applicable Sweepstakes Period at Sponsor's sole discretion.
Any costs, expenses, service fees and incidentals not specified herein are each Winners’ sole responsibility. No substitution, cash redemption or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or where required by law. All taxes are the sole responsibility of the Winners. Should the actual retail value of any prize be less than the approximate retail value of such prize, Winner(s) will not receive the difference in cash.
EACH 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). RELEASED PARTIES (INCLUDING EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE, MISUSE OR REDEMPTION OF EACH PRIZE INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A PRIZE WINNER OR OTHER USERS OF A PRIZE FOR ANY REASON, INCLUDING FROM ANY PORTION OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND THE RELEASED PARTIES’ REASONABLE CONTROL.
Odds of winning dependent upon total number of eligible entries received during a particular Sweepstakes Period.
8. Conditions and Limitations of Liability: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects, and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself. 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, Administrator, 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 a 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. 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 winner’s 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 at 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. Official Rules/Winners' List: To obtain a copy of these Official Rules or any legally required winner’s list, mail a self-addressed, stamped envelope to: Fandango’s We Love Movies Summer Sweepstakes Winners, c/o LeadDog Marketing Group, 440 Ninth Avenue, 17th Floor, New York, NY 10001. All such requests must be received by All such requests must be received 9/30/15.
// End of Official Rules //