Lions Gate Entertainment – Ultimate Gibson Experience Sweepstakes

THE ULTIMATE GIBSON EXPERIENCE SWEEPSTAKESOFFICIAL RULESNO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROMOTION SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.1. DESCRIPTION: The “Ultimate Gibson Experience Sweepstakes” (the “Promotion”) begins on Sunday, July 11, 2021 at 8:00 AM Pacific Time (“PT”) and ends on Wednesday, August 11 at 8:00 AM PT (the “Promotion Period”). All entries must be received by the end of the Promotion Period. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Lions Gate Entertainment Inc. (the “Sponsor”), which shall be final and binding in all respects. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein. 2. ELIGIBILITY: Only legal residents of the fifty (50) United States (including the District of Columbia) who (a) are at least eighteen (18) years of age, (b) are the account holder of a mobile telephone or wireless device with SMS-enabled, two-way text messaging capabilities (“Texting Device”) with an active wireless telephone or Internet service account with text messaging service, and (c) have a valid email address and Internet access at the time of entry are eligible to enter the Promotion. Minors must get their parent or legal guardian’s permission to enter. Sponsor, Gibson Brands, Inc. (“Gibson”) and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein, the “Promotion Entities”), and immediate family and household members of such individuals, are ineligible to enter the Promotion or win a prize. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three (3) months a year. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited or restricted by law.3. HOW TO ENTER: No Purchase Necessary to Enter or Win. Participants must have a Texting Device to enter. Use your Texting Device to send the keyword “PROTEGE” to the shortcode 91099. You will receive a reply message with a link to a landing page where they will enter additional information (name, email, phone number, country, zip code) to complete their entry into the sweeps (the “Landing Page”). Reply HELP for help, STOP to cancel. Standard text (for each message sent and received) and data messaging rates will apply according to the terms of your wireless calling plan. Other charges may apply (such as normal airtime and carrier charges) and may appear on the bill for your Texting Device or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and entrants should consult their wireless service provider’s pricing plan for availability and details and more information on charges relating to your participation in this Promotion. Participation in this Promotion by Texting Device means that you understand that you may receive additional messages to your Texting Device relating to this Promotion, including notifying you if you are a Potential Winner, which may be subject to standard charges pursuant to your carrier’s rate plan. Data may not be available from all Texting Device service carriers and handset models. Texting Device service may not be available in all areas. Check your Texting Device’s capabilities for specific instructions. Participants are solely responsible for any text and data messaging charges relating to their entry into the Promotion. Proof of text message does not constitute proof of delivery or entry. Normal Internet access and usage charges imposed by your online service will apply. Completed entry must be submitted in accordance with the online directions during the Promotion Period. Incomplete entries will be disqualified. Sponsor and the Promotion Entities shall have no liability for any entry confirmation that is lost, intercepted or not received by the potential entrant for any reason. Sponsor’s computer clock will be the official time keeper for this Promotion. Limit of one (1) entry per Texting Device and/or email account. If entries exceed these limits, the entrant may be disqualified at the sole discretion of the Sponsor. Entry must be made by an individual entrant, only via the method described above. Entries generated by a macro, script or other automated means and/or originating at any other website or email address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. The use of any device or process to automate the entry process is prohibited. Each entrant must be the rightful owner (or have authorized use) of the email account utilized in the entry.4. WINNER DETERMINATION AND NOTIFICATION: Odds of winning depend on the number of eligible entries received during the Promotion Period. There will be one (1) prize winner. The potential winner will be randomly selected from among all eligible entries received during the Promotion Period. A random drawing will be conducted by Sponsor using randomization methods selected in its sole discretion, to occur on or about Monday, August 16, 2021. Entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this Promotion. The potential winner will be notified using the contact information provided at the time of entry. Sponsor and Promotion Entities shall have no liability for any prize notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of issuance of the first notification attempt (or a shorter time if required by exigencies), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will be disqualified, forfeit his or her prize and an alternate winner may be selected from among all remaining eligible entries. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate may be selected from among all remaining eligible entries. Sponsor may successively attempt to contact up to three (3) potential winners in accordance with the above procedures, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded.5. PRIZES: Prize: One (1) prize is available. Each prize consists of: (i) a three-day, two-night trip for the prize winner and one (1) guest (“Guest”) to visit the Gibson Factory and Garage in Nashville, TN (the “Trip”), and (ii) one (1) Gibson Flying V guitar in Antique Natural finish (approximate retail value [“ARV”] of $1700). The Trip shall include (a) round-trip economy airfare (on an air carrier to be selected by Sponsor) for Prize winner and Guest from the major airport nearest winner’s residence to travel to Nashville, TN (ARV of $2000); and (b) hotel accommodation (at hotel to be selected by Sponsor) (one (1) room; double occupancy and room tax only) for three (3) days and two (2) nights (ARV of $1000). The total ARV of the Prize is $4700.00. Winner and Guest must have valid and legal identification to travel. The Prize winner’s Guest must be of legal age of majority in the jurisdiction in which he/she resides (and at least eighteen (18) years of age), unless the Prize winner is the parent or legal guardian of Guest, to the sole satisfaction of Sponsor (and provided that the Prize winner must then be of legal age of majority in the jurisdiction in which he/she resides, and at least eighteen years of age). If the Prize winner is under the age of majority in his/her state of residence (a “minor”), then the Prize winner’s Guest must be winner’s parent or legal guardian, to the sole satisfaction of Sponsor. All travel must be scheduled through Sponsor, or at Sponsor’s direction to one of Promotion Entities, and the specific date, time and location of the Prize shall be at the sole discretion of Sponsor; provided, all travel must be completed by December 31, 2021. The Prize is subject to availability, black-out dates and other restrictions at the discretion of each respective prize provider. If the Prize winner is not available to travel on the dates specified by Sponsor in its sole discretion, the Prize will be forfeited in its entirety and an alternative Prize winner may be selected from the remaining eligible Entries. The Prize winner’s Guest must travel on the same itinerary. Travel restrictions, conditions and limitations may apply. The Prize is non-transferrable and cannot be substituted for cash or any other prizing. Actual prize value depends on the Prize winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. The Prize winner and Guest are responsible for obtaining the necessary travel documents, including without limitation, insurance and/or passports, if applicable. For the avoidance of doubt, the Prize winner (and Guest) shall be solely responsible for all expenses not specifically set forth herein, including but not limited to all meals, all travel expenses, gratuities, tips, any applicable federal, state, provincial and local taxes and incidentals. In the event the Prize winner’s home is in or near the location of the hotels so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, the Prize will not include airfare and no other substitution or compensation will be provided in lieu thereof. Sponsor reserves the right to substitute ground transportation for air transportation if the Prize winner resides within 150 miles of the hotel locations. In the event that the Prize winner or his/her Guest engages during the trip (or any related event) in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate any prize experience early, and send the Prize winner and/or his/her Guest home with no further compensation. Travel arrangements are subject to availability and must be roundtrip. Promotion Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Promotion Entities shall not be liable for any loss or damage to baggage. All travel dates are subject to change in Sponsor’s discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The round trip air transportation element for any travel prize begins and ends at the point of departure. Hotel fees are not included and if applicable may be payable at the time of check-out by the Prize winner/Guest. A deposit or payment in advance, or presentation of a credit card by the Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. If for any reason any prize related event is delayed, cancelled or postponed, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “Force Majeure” (defined below), or for any other reason, Sponsor reserves the right, but is not obligated, to cancel or modify the Promotion in its discretion and shall award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the prize as set forth in these Official Rules. The prize restrictions/conditions stated herein are not all-inclusive and Prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents.6. GENERAL PRIZE CONDITIONS:All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any and all prizes will be delivered only to an address in the United States. Prizes cannot be assigned, transferred, or changed except at the sole discretion of the Sponsor. No substitution, transfer or cash equivalent of a prize or any portion thereof permitted, except by Sponsor in its sole discretion, in which case a prize of equal or greater value (or cash equivalent, in Sponsor’s sole discretion) may be awarded. Any prizes depicted in promotional packaging or otherwise in connection with this Promotion are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. All ARV are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The value of a prize may be taxable to the winner as income. Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued by Sponsor in the name of the winner for the actual value of the prize received. Winner shall be solely responsible for all federal, state, provincial and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winner will be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a potential winner is considered a minor in his or her state of residence, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of the potential winner, or the parent or legal guardian of the potential winner will be required to ratify and sign the Prize Claim Documents. Time is of the essence in awarding the prizes. Accordingly, if a potential winner fails or refuses to sign and return all Prize Claim Documents within twenty-four (24) hours of issuance (or a shorter time if required by exigencies), the potential winner may be disqualified and Sponsor may select an alternate winner from among all remaining eligible entries. Sponsor shall have no responsibility or obligation to a prize winner or potential prize winner who is unable or unavailable to accept or utilize the prize as described herein. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.7. WAIVER OF LIABILITY / PUBLICITY RELEASE: By participating in the Promotion and submitting an entry, all entrants (and any minor entrant’s parent or legal guardian) agree to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Sponsor, Gibson, and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion, or any Promotion-related activity or from the acceptance, receipt, possession and/or use or misuse of any prize or any travel or activity related to the acceptance, receipt, possession and/or use or misuse of any prize. By acceptance of prize, the winner (and any minor winner’s parent or legal guardian) grants to Sponsor and its designees the right to publicize such winner’s name, address (city and state of residence) photograph, biographical information, voice and/or other likeness and prize information for advertising and promotional purposes in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification or permission, unless prohibited by law. 8. GENERAL CONDITIONS / FORCE MAJEURE: By participating in the Promotion and submitting an entry, all entrants (or if minors in their jurisdiction of residence, their parents or legal guardians) agree that the Released Parties (i) shall not be responsible for any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties assume no responsibility for any damage to a participant’s computer system which is occasioned by accessing the announcement or participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, the Released Parties are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If, in the exclusive judgment of Sponsor, this Promotion (or any portion thereof) becomes compromised in any way, Sponsor reserves the right to withdraw the Promotion offer (or any portion thereof), cancel any method of entry, to void any entries submitted fraudulently and/or select winners from among all non-suspect eligible entries received prior to act that compromised the Promotion. In the event Sponsor is prevented from awarding prize(s) or continuing with the Promotion as contemplated herein by any event including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or any other cause (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Promotion. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.9. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.10. ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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 (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at PRIVACY POLICY: Any personal information supplied by you to Sponsor in connection with this Promotion will be subject to, and treated in a manner consistent with, Sponsor’s Privacy Policy, located at SPONSOR: Lions Gate Entertainment Inc., 2700 Colorado Ave., Santa Monica, CA 90404.13. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally required winners list, send a self-addressed stamped envelope to the “The Ultimate Gibson Experience,” c/o Lions Gate Entertainment Inc., 2700 Colorado Ave., Santa Monica, CA 90404, Attention: Legal. Please specify “Rules” or “Winners List.” All such requests must be received no later than six (6) weeks after the end of the Promotion Period. Vermont residents may omit return postage. You may also view the rules by visiting during the Promotion Period.