AMC "SOUTHPAW” GIVEAWAY RULES
IF YOU ARE A MINOR, ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND TO HELP YOU ENTER
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 (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN FOR HIS/HERSELF AND ON YOUR BEHALF) 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 (AND ANY MINOR WINNER’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) MAY 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 "SOUTHPAW” giveaway (“Promotion”) starts on or about 12:00pm Central Time (“CT”) on 07/21/15 and ends at 12:05AM CST on 08/04/15 (“Entry Period”). The sponsor of this Promotion is American Multi-Cinema, Inc., 11500 Ash St., Leawood, KS, 66211 (“Sponsor”). The Promotion is subject to these “Official Rules”, and all participants (or their parents/legal guardians if they are residents of jurisdictions that deem them to be minors) agree to be bound by the terms and conditions herein. All rights and responsibilities of a minor under the Official Rules are conferred and assumed respectively by the minor’s parent or legal guardian in representation of the minor.
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, The Weinstein Company, 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. If a potential prize winner is an eligible minor, the prize may be awarded to his or her parent or legal guardian in Sponsor’s sole discretion.
HOW TO ENTER ONLINE:
ODDS OF WINNING; WINNER SELECTION:
All prizes, if legitimately claimed, will be awarded, and FIFTY-ONE (51) will be selected in a random-draw selection process from all eligible entries received, performed by Sponsor or Sponsor’s designated agent on or about 07/21/15 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 its designee will attempt to notify potential winners that he or she may have won the prize in this Promotion by using the e-mail address provided during entry on or about 08/04/15. 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 Sponsor’s sole discretion. As a condition of entering the Promotion, winner (and each minor winner’s parent or legal guardian) agrees to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) within the time frame specified and if required by Sponsor 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. 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 does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected. Sponsor will not be obligated to pursue more than (3) alternate winners for any reason, in which case the prize may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
Sponsor will award FIFTY-ONE (51) winners the following prize packages in connection with this Promotion:
ONE (1) GRAND PRIZE WINNER – PAIR OF BOXING GLOVES SIGNED BY JAKE GYLLENHAAL, HAT, AND SWEATSHIRT – ARV: $150
FIFTY (50) FIRST PRIZE WINNERS – HAT AND SWEATSHIRT GIFT PACK – ARV: $15
The drawn entry is subject to verification. Prize will only be mailed to verified winners' 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 Sponsor’s sole discretion. Prize is not transferable, assignable, or redeemable for cash, except in Sponsor’s sole discretion. No substitution for the prize by a winner will be allowed, except in Sponsor’s sole discretion. If necessary, due to unavailability of the prize for any reason, a prize of comparable value of ($150 or $15) will be awarded at the sole discretion of the Sponsor. Prize details not specifically stated in these Official Rules will be determined in Sponsor’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 is 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 will have no further obligation with respect to that prize or portion of the prize. Sponsor is 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 prizes will be awarded. Unclaimed prize(s) 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. 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, 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 Kansas, 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 Johnson County, Kansas 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, sublicensable, 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 to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’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. 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 reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’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 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 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 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 RESERVES 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 (or is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria). 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 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 Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. If Sponsor 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 deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor 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 07/21/15 for Official Rules requests and no later than 08/04/15 for Winners List requests) to: “The AMC ‘FILM NAME’ 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, AFILIATES, SUBSIDIARIES, BENEFICIARIES, 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.
American Multi-Cinema, Inc., 11500 Ash St., Leawood, KS 66211.
//End of Official Rules//