Fandango – Guardians Of The Galaxy Volume 3 Nft Sweepstakes

FANDANGO GUARDIANS OF THE GALAXY: VOLUME 3 NFT SWEEPSTAKES
OFFICIAL RULES (“OFFICIAL RULES”)
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES
PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. SO
READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS
CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE RELEASED ENTITIES AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES
RECEIVED. THE SWEEPSTAKES IS ONLY OPEN TO LEGAL RESIDENTS OF THE FIFTY
(50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE
OR OLDER. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
SWEEPSTAKES PERIOD: The Fandango Guardians of the Galaxy: Volume 3 NFT
Sweepstakes (the “Sweepstakes”) begins at 12:01 AM US Pacific Time (“PT”) on April 28,
2023, and ends at 11:59 PM PT on May 29, 2023 (the “Sweepstakes Period”). The computer
clock of Fandango Media, LLC (the “Sponsor”) is the official time-keeping device in the
Sweepstakes. By participating, participants (“Participants”) agree to be bound by these Official
Rules and the decisions of the Sponsor, which are binding and final on matters relating to this
Sweepstakes.
ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and
District of Columbia (NOT including residents of Puerto Rico or other U.S. Territories), who are
at least eighteen (18) years of age or the age of majority in their state of primary residence
(whichever is older) at time of Sweepstakes Entry. Employees, officers and representatives of
the Sponsor, Southern Made Services, LLC (the “Administrator”), The Walt Disney Company
(“Disney”), Marvel Studios, LLC (“Marvel”), and each of their respective parents, affiliates,
subsidiaries and web-design, advertising, marketing, fulfillment, judging and promotion
agencies, or other agency involved in the administration, development, fulfillment and
execution of this Sweepstakes, and their immediate family members, as defined below, of
each, and those persons living in the same households, whether or not related, are not eligible
to participate in the Sweepstakes. “Immediate family members” shall mean parents, step-
parents, children, step-children, siblings, step-siblings, or spouses, and their respective
spouses. “Household members” shall mean people who share the same residence at least
three (3) months a year. Winning a Prize is contingent on fulfilling all requirements in these
Official Rules. All federal, state and local laws and regulations apply. Void where prohibited or
restricted. All Sweepstakes Entries are the property of the Sponsor.
HOW TO PARTICIPATE: During the Sweepstakes Period, there are two (2) ways to
participate. 1) Entry with Purchase: To receive one (1) entry in the Sweepstakes
(“Sweepstakes Entry”), purchase one (1) ticket to see Guardians of the Galaxy: Volume 3 on
www.fandango.com (“Website”) or the Fandango app (“App”) at Fandango partner theaters in
the US during the Sweepstakes Period. You will receive one (1) Sweepstakes Entry, once
your ticket has been purchased.
2) Alternate Means of Entry: To receive one (1) Sweepstakes Entry without making a
purchase (“AMOE Entry”), visit http://guardiansnftsweepstakes.com/ and enter your full name,
complete address (no P.O. boxes permitted), phone number (including area code), and email
address by 11:59PM PT on May 29, 2023.
Sweepstakes Entries generated by script, macro or other automated means, and Sweepstakes
Entries by any means which subvert the entry process, are void. By submitting a Sweepstakes
Entry, you agree to the Official Rules and are willing provide your information to the Sponsor
and the Administrator. No photocopied or mechanically reproduced Sweepstakes Entries
accepted. Sweepstakes Entries become the property of the Sponsor and will not be returned.
There is a limit of four (4) Sweepstakes Entries per person, regardless of entry method, using
only one (1) email address. Sweepstakes Entries received from any person in excess of the
stated limitation, or which are incomplete, illegible, corrupted, damaged, destroyed, forged,
false, lost or misdirect, will be void. Subsequent attempts made by the same individual to
submit multiple Sweepstakes Entries by using multiple or false contact information or
otherwise may be disqualified.
Any and all information provided in connection with this Sweepstakes is subject to the
Sponsor’s Privacy Policy available at www.fandango.com/terms-and-policies. By entering in
the Sweepstakes, Participants hereby agree that the Sponsor may collect and use their
personal information submitted with their Sweepstakes Entry. Among other things, the
information Participants provide may be used to send company updates and announcements
from the Sponsor concerning the company and its products. At the time of entry, Participants
may be given the opportunity to opt-in to receive further communications from the Sponsor.
Participants are not required to opt-in and opting in will not improve your odds of winning.
SWEEPSTAKES PRIZE DRAWING & WINNER NOTIFICATION: The potential Winners will
be selected in a random drawing held on or about May 31, 2023. Winners will be contacted via
email.
If a Prize notification is returned as undeliverable, the Sponsor or its agent is unable to contact
a potential Winner or a potential Winner is not in compliance with these Official Rules, Prize
will be forfeited and, at the Sponsor’s discretion, an alternate Winner may be selected. The
Sponsor reserves the right not to award a Prize in the event the Sponsor is unable to identify
and confirm a Winner after attempting to contact an alternate potential Winner.
Odds of winning will depend on the number of Sweepstakes Entries received during the
Sweepstakes Period.
SWEEPSTAKES PRIZE (1): There are one thousand (1,000) prizes (“Prizes”) available to be
awarded. Each winner (“Winner”) will receive a VeVe NFT promo code (“Code”) redeemable to
claim a non-fungible token (“NFT”) that is associated with a Guardians of the Galaxy Volume 3
themed digital art collectible (“Digital Collectible”) using the VeVe App. Digital Collectables are
for collectable and entertainment purposes only. Marvel, Disney and Sponsor make no
representation that Digital Collectables will have a tradeable market value. You acknowledge
that the value of the Digital Collectible is subjective. Approximate Retail Value of each Prize is
$1.
The ARV of all Prizes is $1,000.
PRIZE CONDITIONS: The maximum value of the Prizes set forth above represents the
Sponsor’s good faith determination of the maximum ARV thereof, and the actual fair market
value, as ultimately determined the Sponsor, cannot be challenged or appealed. Sponsor
reserves the right to substitute a Prize for one of equal or greater value if the designated Prize
should become unavailable for any reason.
Each Winner will receive a Code via e-mail good for one NFT. Code is void if not activated by
8/1/23. In accepting the Prize, each Winner understands and agrees that:
Winner covenants and warrants to comply with all terms and conditions set forth
in the VeVe terms and conditions associated with the Prize;
NFTs are a highly speculative and volatile asset, which is subject to extreme
swings in value and, as such, the approximate retail value set forth above represents
Sponsor’s good faith determination of the NFT as of the indicated date and time;
To accept the Prize, a Winner must create a crypto wallet at their sole expense
and assume any and all liability as to the safekeeping of the NFT in such crypto wallet;
WINNER ACCEPTS THE PRIZE AS IS, WITH NO REPRESENTATION,
WARRANTY OR GUARANTEE OF ANY KIND BY RELEASED PARTIES AS TO THE
VALUE OR USE OF THE PRIZE. WINNER ASSUMES ANY AND ALL RISK OF
ILLIQUIDITY, INACCESSBILITY, DECLINE IN VALUE, LOSS OR THEFT OF NFT;
SHOULD ANY OF THE FOREGOING OCCUR, RELEASED PARTIES SHALL NOT
HAVE ANY LIABILITY OF ANY KIND UNDER ANY LEGAL THEORY.
If a Winner sells or transfers the Prize, the Winner will ensure the Prize remains
subject to the VeVe terms and conditions, and the Winner will no longer have any rights
to the Prize;
IF YOU DO NOT AGREE WITH THE FOREGOING RESTRICTIONS AS TO
THE PRIZE, YOUR SOLE RECOURSE IS TO DECLINE SAME. SHOULD PRIZE
WINNERS CHOOSE TO DECLINE PRIZES, RELEASED PARTIES SHALL NOT
HAVE ANY LIABILITY TO SUCH PRIZE WINNERS UNDER ANY LEGAL THEORY. IF
DECLINED BY A PRIZE WINNER, A PRIZE SHALL NOT BE AWARDED BY
SPONSOR.
If, and to the extent that VeVe allows for Winners to resell the NFTs associated
with the Digital Collectible, resale fees may apply. NFTs associated with the Digital
Collectible cannot be resold to third parties outside the VeVe App. PLEASE CONSULT
THE VEVE.ME TERMS OF USE AVAILABLE AT HTTPS://WWW.VEVE.ME/TERMS-
CONDITIONS FOR ADDITIONAL LIMITATIONS THAT APPLY TO YOUR USE OF
THE VEVE APP.
GENERAL CONDITIONS: Sweepstakes qualification is determined when a qualifying
purchase is made on the Website or App, or when a request for an AMOE Entry has been
submitted. Proof of identity and/or residence reasonably satisfactory to the Sponsor and/or the
Administrator may be required to verify eligibility. The Sponsor and the Administrator have the
right to determine Sweepstakes eligibility in their discretion; all decisions concerning
Sweepstakes eligibility are final. Any effort to circumvent the Sweepstake’s limits, requirements
or other terms (including, but not limited to, providing fictitious information or concealing
identity or location) voids submissions and disqualifies person from participating in the
Sweepstakes.
By participating, Participants accept and agree to: (i) be bound by these Official Rules, all
applicable laws and the decisions of the Sponsor, which shall be final and binding in all
matters; (ii) waive any rights to claim ambiguity with respect to the Official Rules; and (iii) waive
all of his/her rights to bring any claim, action, or proceeding against any of the Released
Parties (as defined below). Released Parties (as defined below) are not responsible or liable
Sweepstakes Entries that are entered by other than human means (such as by an automated
computer program or any non-human mechanism, entity, or device), in excess of the stated
limit, or for Sweepstakes Entries that are late, forged, destroyed, lost, misplaced, stolen,
misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in
compliance with these Official Rules, and all such Sweepstakes Entries will be disqualified, or
emails or other errors or difficulties of any kind whether human, technical, electronic,
mechanical, network, seeding, computer, typographical, printing or otherwise relating to or in
connection with the Sweepstakes, including, without limitation, errors or difficulties which may
occur in connection with the administration of the Sweepstakes, the processing of Prize
redemptions, emails, Sweepstakes Entries, the announcement of the Winners, or in any
Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or
inaccurate information, whether caused by Website users, tampering, hacking, or by any
equipment or programming associated with or utilized in the Sweepstakes. Released Parties
are not responsible for injury or damage to Participant’s or to any other person’s computer
related to or resulting from participating in this Sweepstakes or downloading materials from or
use of the Website. Persons who tamper with or abuse any aspect of the Sweepstakes or who
are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified
and all associated Sweepstakes Entries will be void. Should any portion of the Sweepstakes
be, in the Sponsor’s sole opinion, compromised by non-authorized human intervention or other
causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security,
fairness or proper play or submission of Sweepstakes Entries, the Sponsor reserves the right
at its sole discretion to suspend, modify or terminate the Sweepstakes. If terminated, at its
discretion, the Sponsor reserves the right to select the potential Prize Winners from all eligible,
non-suspect Prize claims received prior to action taken or as otherwise deemed fair and
appropriate by the Sponsor. In no event will the Released Parties be liable for more than the
stated number of prizes in these Official Rules. CAUTION: ANY ATTEMPT BY AN
INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL
AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK ANY AND ALL
REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT
PERMITTED BY LAW. Participants, by participating, agree that the Sponsor, the
Administrator, Disney, Marvel and each of their respective parents, affiliates, subsidiaries and
advertising and Sweepstakes agencies and promotional partners and all of their respective
officers, directors, employees, shareholders, representatives and agents (collectively,
“Released Parties”) will have no liability whatsoever for, and shall be held harmless by
Participants against, any liability, for any injuries, losses or damages of any kind, including
death, to persons, or property resulting in whole or in part, directly or indirectly, from
acceptance, possession, misuse or use of a Prize (including any travel or activity related
thereto) or participation in this Sweepstakes. Each Prize is offered and provided “as is” with no
warranty or guarantee by the Sponsor, either express or implied. Winner agrees that the
Released Parties have not made any warranty, representation or guarantee express or
implied, in fact or in law with respect to any Prize, NFT, or Digital Collectible, including without
limitation, with regard to the quality or fitness for a particular purpose, its value, the ability to re-
sell, or the ability to continue to function or be displayed as intended. By participating in the
Sweepstakes, each Winner acknowledges that the Released Parties have not and will not
obtain or provide insurance of any kind relating to the Prizes. Neither the Administrator,
Fandango or any of their respective parents, affiliates, and subsidiaries are a sponsor or co-
sponsor of this Sweepstakes. Each Winner, by acceptance of a Prize, except where legally
prohibited, grants permission for the Sponsor and its designees to use his/her name, address
(city and state), photograph, voice and/or other likeness and Prize information for advertising,
trade and promotional purposes without further compensation, in all media now known or
hereafter discovered, worldwide in perpetuity, without notice or review or approval. In case of
dispute as to the identity of any Participant, entry will be declared made by the Authorized
Account Holder of the email address submitted at time of entry and he/she must comply with
these Official Rules. “Authorized Account Holder” is defined as the natural person who is
assigned an email address by an Internet access provider, online service provider, or other
organization (e.g., business, educational, institution, etc.) responsible for assigning email
addresses or the domain associated with the submitted email address.
INDEMNITY: Participants agree to release, indemnify, defend, and hold harmless the
Released Parties from any and all liability (including, but not limited to, liability for any property
loss, damage, personal injury, bodily injury, death, loss, expense, accident, delay,
inconvenience or irregularity), costs and expenses (including without limitation, reasonable
outside attorney’s fees) arising out of or relating in any way to: (a) your participation or inability
to participate in the Sweepstakes, (b) typographical errors in the Official Rules or any
Sweepstakes promotional materials, (c) acceptance or possession, defects in, use, misuse or
inability to use a Prize (or any component thereof), (d) any change by any company or any
other person providing any of the components of a Prize due to reasons beyond any of the
Released Parties’ control or as otherwise permitted hereunder, (e) any interruptions in or
postponement, cancellation, or modification of the Sweepstakes, (f) human error, (g) incorrect
or inaccurate transcription, receipt or transmission of any part of the Sweepstakes Entry
(including, without limitation, the entry information or any parts thereof), (h) any technical
malfunctions or unavailability of the Sweepstakes site or any telephone network, computer
online system, computer dating mechanism, computer equipment, software, or internet service
provider utilized by any of the Released Parties or by you, (i) interruption or inability to access
the Sweepstakes, any Sweepstakes-related web pages, or any online service via the internet
due to hardware or software compatibility problems, (j) any damage to your (or any third
person’s) computer and/or its contents related to or resulting from any part of the
Sweepstakes, (k) any lost/delayed data transmissions, omissions, interruptions, defects,
and/or any other errors or malfunctions, (l) any wrongful, negligent, or unauthorized act or
omissions on the part of any of the Released Parties, or any of their agents or employees, or
(m) any other cause, condition or event whatsoever beyond the control of any one or more of
the Released Parties. Each Winner hereby acknowledges that the 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 or component thereof,
including any express or implied warranties provided by any of the Prize suppliers associated
with this Sweepstakes.
Participants assume all liability for an injury or damage caused, or claimed to be caused, by
participation in this Sweepstakes, use of the Website, or the acceptance, receipt, or use of any
Prize or Prize component. Participants further agree that in any cause of action, the Released
Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and
in no event shall the Released Parties be liable for attorney’s fees.
BINDING ARBITRATION: Except where required by law, Participants and the Sponsor waive
all rights to trial in any action or proceeding instituted in connection with these Official Rules or
the Sweepstakes (including any activity related thereto). Any controversy or claim arising out of
or relating to these Official Rules, or the Sweepstakes shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or controversy of any other party.
CHOICE OF LAW AND JURISDICTION: All federal, state and local laws and regulations
apply. Void where prohibited by law. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or the rights and obligations of
any Participant and the Sponsor in connection with the Sweepstakes, shall be governed by,
and construed in accordance with, the substantive laws of the state of California without giving
effect to any choice of law or conflict of laws rules (whether of California or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than
California. Any action seeking legal or equitable relief arising out of or relating to the
Sweepstakes or these Official Rules shall be brought only in the courts of the State of
California. You hereby irrevocably consent to the personal jurisdiction of said courts and waive
any claim of forum non-convenience or lack of personal jurisdiction they may have.
WINNERS’ NAMES: For the name of the Winners (available after May 31, 2023), send a self-
addressed stamped envelope to: Fandango Guardians of the Galaxy: Volume 3 NFT
Sweepstakes Winner PO Box 90130, Nashville, TN 37209, for Sponsor’s receipt no later than
July 26, 2023.
SPONSOR: Fandango Media, LLC, 407 N. Maple Drive, Beverly Hills, CA, 90210
Neither Disney, Marvel or any of their respective parents, affiliates, and subsidiaries are a
sponsor or co-sponsor of this Sweepstakes.
// End of Official Rules //