Focus Features – Awards Ballot Sweepstakes
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The “Focus Features Awards Ballot Sweepstakes” (“Sweepstakes”) will begin on January 13, 2020 at 7:00 A.M. PT and end on February 8, 2020 at 11:59 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), who are twenty-one (21) years of age or older and the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. “Sweepstakes Entities”, as referenced herein, shall include Focus Features LLC, 100 Universal City Plaza, Building 2160, Universal City, CA 91608 (“Sponsor”), and its respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, visit FocusFeaturesBallot.com (the “Website”) and follow the provided instructions to fill out the awards ballot completely and to complete and thereafter submit the entry form, which includes the entrant’s full name, email address, date of birth and zip code (the “Entry”). Answers to the awards ballot will not affect chances of winning.
If you choose to submit your Entry via a web-enabled mobile device, data rate may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsor and will not be acknowledged.
You may enter once during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before February 8, 2020 at 11:59 P.M. PT to be eligible for the Sweepstakes. Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: On or about February 10, 2020, one (1) potential grand prize winner (the “Grand Prize Winner”) and five (5) potential secondary prize winners (the “Secondary Prize Winners”) will be selected in a random drawing by representatives of Sponsor from all eligible Entries received during the Sweepstakes Period. Sponsor will make two (2) attempts to notify each potential Winner at the email address used to enter the Sweepstakes. Sponsor may share each potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Each potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within ten (10) business days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor’s sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if the Prize (as defined below) or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
Grand Prize Winner and Secondary Prize Winners may be collectively referred to herein as “Winner” or “Winners”.
PRIZE: There will be one (1) grand prize (the “Grand Prize”) and five (5) secondary prizes (the “Secondary Prizes”) awarded. The Grand Prize will consist of a two (2) night trip (the “Trip”) for Grand Prize Winner and one (1) guest (“Guest”) to Las Vegas, Nevada, including, without limitation, the following: (a) roundtrip coach airfare for Grand Prize Winner and Guest from a major airport located within the United States near Grand Prize Winner’s residence (as selected in Sponsor’s sole discretion) to Las Vegas, Nevada (Estimated Retail Value [“ERV”] of airfare is $2,500); (b) hotel room accommodations (as selected in Sponsor’s sole discretion) for Grand Prize Winner and Guest in the Las Vegas, Nevada area in one (1) standard, double occupancy room for two (2) nights (ERV of hotel accommodations is $1,000); (c) roundtrip transfers for Winner and Guest in Las Vegas, Nevada between the airport and hotel accommodations (ERV of transfers is $500); and (d) two (2) tickets (the “Tickets”) for Grand Prize Winner and Guest to attend the Focus Features presentation at Cinemacon, currently scheduled to take place on March 31, 2020 at Caesars Palace Las Vegas Hotel & Casino in Las Vegas, Nevada (ERV of the Tickets is zero).
Each Secondary Prize will consist of the approximate value of one (1) movie ticket per month for twelve (12) months (“One Year of Movies”), which will be awarded in the form of twelve (12) Fandango gift cards valued at Fifteen Dollars (USD $15) each. The One Year of Movies will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The One Year of Movies is subject to certain terms and conditions as specified by issuer.
Grand Prize and Secondary Prizes may collectively be referred to herein as “Prize” or “Prizes”.
ERV of the Grand Prize is Four Thousand Dollars (USD $4,000) and ERV of each Secondary Prize is One Hundred Eighty Dollars (USD $180). ERV of all Prizes is Four Thousand Nine Hundred Dollars (USD $4,900). Actual Retail Value (“ARV”) of Prizes may vary. If the Prize includes a Trip, ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of Six Hundred United States Dollars (USD $600) or more, Sponsor will furnish an Internal Revenue Service Form 1099 to Winner(s) for the ARV of Prize for the year in which Prize was won.
All details of the Prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner(s). Prize cannot be transferred by Winner(s) or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner(s). If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner(s) may be selected from the remaining eligible Entries at Sponsor’s sole discretion.
TRAVEL: Grand Prize Winner must be able to travel March 30, 2020 through April 1, 2020 (or on such other dates designated by Sponsor). The Trip awarded to the Grand Prize Winner must be taken within dates provided by the Sponsor or the Grand Prize will be forfeited. Sponsor will determine all travel arrangements in its sole discretion. Airline reservations are subject to availability. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Certain travel restrictions and blackout dates may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner’s place of residence. Grand Prize Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of the Grand Prize. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Once determined, no change, extension, or substitution of travel dates is permitted, except by Sponsor in its sole discretion. All travel and lodging will be at the risk of Grand Prize Winner and Guest. Sponsor is not responsible for airline seat assignments, special meals, check-in procedures, and baggage limitations. Sponsor has no responsibility for alterations to any travel plans caused by airline delays or for any act, omission, or event. Grand Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of the Grand Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Grand Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Grand Prize due to reasons beyond Sponsor’s control and is not responsible or liable for any expenses incurred as a consequence thereof. Grand Prize Winner specifically releases Sponsor from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restauranteurs, transportation providers, medical personnel or other providers of services or facilities. All travel and lodging will be at the risk of Grand Prize Winner. Date and/or time of the Event is subject to change. The Event is subject to cancellation. If Grand Prize Winner chooses to attend the Event with fewer than one (1), or no Guest, the remaining elements of the Grand Prize shall constitute full satisfaction of Sponsor’s Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Grand Prize will be forfeited.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and 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 the Prize, including express warranties provided exclusively by prize supplier that are sent along with the Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Sponsor’s websites and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion. At Sponsor’s request, each potential Winner must be willing to sign an affidavit attesting that such entrant meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by Sponsor.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of CALIFORNIA, and the forum and venue for any dispute shall be in LOS ANGELES, CALIFORNIA. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in CALIFORNIA. All proceedings brought pursuant to this paragraph will be conducted in the County of LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners, available after March 7, 2020 send a self-addressed, stamped envelope to be received by May 7, 2020 to: Focus Features LLC, 100 Universal City Plaza, Building 2160, Universal City, CA 91608, Attn: Kimberly Rivas (Focus Features Awards Ballot Sweepstakes).