AMC "DANNY COLLINS" GIVEAWAY RULES
TO ENTER YOU MUST BE A LEGAL U.S. RESIDENT OF ONE OF THE CONTIGUOUS 48 STATES AND 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
BY ENTERING THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASEES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
WINNER WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN ONE WEEK, AS MORE FULLY DETAILED BELOW.
The AMC “DANNY COLLINS” giveaway (“Promotion”) starts on or about 12:00pm Central Time (“CT”) on March 19, 2015 and ends at 12:05AM CST on April 6, 2015 (“Entry Period”). The sponsor of this Promotion is Bleecker Street Media LLC, 381 Park Avenue South, Suite 1401, New York, NY 10016 (“Sponsor”). The Sweepstakes Administrator of this promotion is American Multi-Cinema, Inc., 11500 Ash St., Leawood, KS, 66211 (“Sweepstakes Administrator.”) The Promotion is subject to these “Official Rules,” and all participants agree to be bound by the terms and conditions herein.
THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF ANY ONE (1) OF THE FORTY-EIGHT (48) CONTIGUOUS CONTINENTAL UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCLUDING ALASKA, HAWAII, PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND OVERSEAS U.S. MILITARY INSTALLATIONS) WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF ENTRY DATE. Employees, officers, directors, members, managers, agents and representatives and each of their immediate families (i.e., spouse, partner, children, siblings, parents, legal guardians, in-laws, grandparents and grandchildren) of Sponsor, Hilton Hotels & Resorts, LLC, Nederlander Concerts, Sweepstakes Administrator or their respective partners, affiliates, subsidiaries, parent companies, divisions and advertising/promotion/public relations agencies (collectively, the “Promotion Parties”) and those living in the household of same (whether or not related) are not eligible to enter or win. Void in Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and overseas U.S. military installations and where prohibited by law.
HOW TO ENTER ONLINE:
ODDS OF WINNING; WINNER SELECTION:
The Grand Prize will be awarded, and one (1) winner will be selected in a random- draw selection process from all eligible entries received, performed by Sweepstakes Administrator on or about April 6, 2015, whose decisions are and shall be final and binding in all matters relating to this Promotion. Odds of winning will be dependent upon the total number of eligible entries received. Sponsor or the Sweepstakes Administrator will attempt to notify potential winner that he or she may have won the prize in this Promotion by using the e-mail address provided during entry on or about April 6, 2015. Potential winners must respond within one week of notification according to the instructions in the notification, or prize and any further participation may be forfeited in either the Sponsor’s or Sweepstakes Administrator’s sole discretion. As a condition of entering the Promotion, winner agrees to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor or Sweepstakes Administrator, an affidavit of eligibility and liability/publicity release (unless prohibited by law) within the time frame specified and if required by either the Sponsor or Sweepstakes Administrator in its sole discretion (which may require providing winner’s Social Security Number and/or state-issued identification number and/or copy thereof), or prize (defined below) may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor or Sweepstakes Administrator. If any prize, prize notification or Promotion-related communication is rejected, faulty or returned as undeliverable, if a winner cannot attend or participate in any portion of the prize, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor or Sweepstakes Administrator or does not respond according to the notification’s or Sponsor’s or Sweepstakes Administrator’s instructions (as determined by either the Sponsor or Sweepstakes Administrator in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected. Sponsor and Sweepstakes Administrator reserve the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
Sponsor will award one (1) winner the following prize package in connection with this Promotion:
Round-trip coach Air transportation for two (2) adults from the major US airport closest to winner’s home to Los Angeles, CA.
Three (3) night stay at the Beverly Hilton in Los Angeles, one (1) room, double occupancy.
Roundtrip Ground transportation from airport to hotel.
(2) tickets to a show of the winner’s choice at the Greek Theatre (subject to availability). Winner may choose from select shows (excluding special events and rentals) from the 2015 Greek Theatre concert season between May 1, 2015 through October 31, 2015. Tickets are subject to availability. A complete list of available shows will be provided to the winner for selection, once available.
Total Approximate Retail Value of all prizes: $3,000
All expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility, including but not limited to: transportation to and from the closest airport to winner’s home, meals, alcoholic beverages, taxes, gratuities, insurance, laundry service, merchandise, parking, hotel room service, service charges, activities not expressly included in the Trip, merchandise, souvenirs and local and long distance telephone calls. Airline carrier and hotel regulations and conditions apply. Trip components are subject to change without notice. All air transportation arrangements must be made through Sponsor’s or Sweepstakes Administrator’s agent on a carrier of Sponsor’s choice. Grand Prize travel dates and other arrangements are subject to availability, must be booked a minimum of 60 days in advance, and are valid through __/__/15. Restrictions and blackout dates will apply. Winner and guest will be required to execute and return a Release of Liability prior to ticketing and are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., credit card, Passport, etc.) before departure. Actual value of Grand Prize may vary based on point of departure and airfare fluctuations and other factors. If winner's address is within 150 miles of Hollywood, CA, Sponsor or Sweepstakes Administrator may, in its sole discretion, provide ground transportation to the hotel or event in lieu of air transportation. Winner will not receive the difference between actual and approximate retail value. Any difference between the ARVs and the actual values, if any, will not be awarded. Neither Sponsor nor Sweepstakes Administrator are not responsible for any travel related delays or cancellations. Tickets and gift cards are subject to terms and conditions specified by issuer.
The drawn entry is subject to verification. Prize will only be mailed to verified winner’s physical mailing address (no P.O. boxes) in one (1) of the forty-eight (48) contiguous United States or the District of Columbia, except in either the Sponsor’s or Sweepstakes Administrator’s sole discretion. Prize is not transferable, assignable, or redeemable for cash, except in Sponsor’s or Sweepstakes Administrator’s sole discretion. No substitution for the prize by a winner will be allowed, except in Sponsor’s or Sweepstakes Administrator’s sole discretion. If necessary, due to unavailability of the prize for any reason, a prize of comparable value will be awarded at the sole discretion of the Sponsor or Sweepstakes Administrator. Prize details not specifically stated in these Official Rules will be determined in Sponsor’s or Sweepstakes Administrator’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. All federal, state and local tax liabilities are the sole responsibility of the winner (and, if applicable, the minor winner’s parent or legal guardian). Sponsor and Sweepstakes Administrator are not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor and Sweepstakes Administrator will have no further obligation with respect to that prize or portion of the prize. Sponsor and Sweepstakes Administrator are not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No more than the stated prize will be awarded. Unclaimed prize will be forfeited.
The Promotion Parties and their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible and/or liable for any of the following, whether caused by a Releasee, the entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-related correspondence or materials; any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Promotion; typos or misprints in these Official Rules, in any Promotion-related advertisements or other materials; inability to access the Entry Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever. Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Releasees are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor or Sweepstakes Administrator. False, fraudulent or deceptive entries or acts shall render entrants ineligible. Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Promotion activities or the Releasees’ operations or activities are affected, as determined by the Sponsor or Sweepstakes Administrator, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
The Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by and construed in accordance with the internal laws of the State of New York, United States, without reference to its conflicts of law or choice of laws principles or rules that would cause the application of any other state’s law. Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York, NY and by entering the Promotion, the entrants submit to the personal jurisdiction and venue of these federal and state courts and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Releasee, claims and causes of action arising out of or connected with this Promotion, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
Entrants agree to release, hold harmless, indemnify and waive any claims they may have against Releasees for any liability whatsoever for and all injuries, claims, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys’ fees) arising out of or resulting from acceptance, use, misuse, possession or awarding of any prize or element thereof, while preparing for, participating in and/or traveling to or from any prize- or Promotion-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property.
Winner agrees that the prize is provided “as-is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 15 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 15 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
By entering this Promotion, except where prohibited by law, each entrant grants the Promotion Parties the irrevocable, sub-licensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Promotion Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Releasees from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor or Sweepstakes Administrator to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’s and Sweepstakes Administrator’s decisions will be final in all matters relating this Promotion, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor and Sweepstakes Administrator. Failure to comply with these Official Rules may result in disqualification from this Promotion. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from entering the Promotion. Sponsor and Sweepstakes Administrator reserve the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor and Sweepstakes Administrator reserve the right, in its sole discretion, to void entries of any entrants who Sponsor or Sweepstakes Administrator believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’s or Sweepstakes Administrator’s failure to or decision not to enforce any provision in these Official
Rules will not constitute a waiver of that or any other provision. If for any reason this Promotion is not capable of running as planned, the Sponsor or Sweepstakes Administrator reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend this Promotion or any portion thereof. In the event this Promotion is cancelled, the Sponsor or Sweepstakes Administrator will conduct a random drawing to award the prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor or Sweepstakes Administrator may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY ONLINE SERVICE OR WEB SITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF LAW AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND SWEEPSTAKES ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an entry on the Entry Site, the entry will be deemed submitted by the registered account holder of the e- mail account entered provided that person is otherwise eligible. The registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor or Sweepstakes Administrator with proof that the potential winner is the registered account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. NOTE: Internet entry must be made by the entrant only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address will be declared invalid and disqualified for this Promotion. The use of any device or software to automate the entry process is prohibited. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in either the Sponsor’s or Sweepstakes Administrator’s sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. If Sponsor or Sweepstakes Administrator determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor or Sweepstakes Administrator deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor or Sweepstakes Administrator reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST/OFFICIAL RULES REQUEST:
For an Official Winners List or a copy of these Official Rules, send a self-addressed, stamped envelope (no earlier than March 19, 2015 for Official Rules requests and no later than April 6, 2015 for Winners List requests) to: “The AMC ‘DANNY COLLINS’ Promotion” (please specify Official Winners’ List or Official Rules), 11500 Ash St. Leawood, KS 66211, Attn: AMC Social Media Prizes. Residents of VT may omit return postage on Official Rules requests.
RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS PROMOTION PARTIES AND EACH OF THEIR RESPECTIVE PARENTS, DIVISIONS, AFFILIATES, SUBSIDIARIES, AGENTS AND ADVERTISING AGENCIES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
LIMITATION OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
Bleecker Street Media LLC, 381 Park Avenue South, Suite 1401, New York, NY 10016.
//End of Official Rules//