Madagascar 3 Contest
“MADAGASCAR 3” SWEEPSTAKES SPONSORED BY MARQUEE CINEMAS OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS IS REQUIRED.
IF YOU ARE A MINOR, ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND TO HELP YOU ENTER.
EACH PARTICIPANT (AND MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN ON MINOR’S BEHALF) AGREES TO THESE OFFICIAL RULES.
- How to Enter: The “MADGASCAR 3 Sweepstakes” Sponsored By Marquee Cinemas (“Sweepstakes”) begins at 12:00:01 am Central Time (“CT”) on May 21, 2012, and ends at 11:59:59 pm CT on July 15, 2012 (the “Promotion Period”). To enter the Sweepstakes, during the Promotion Period, eligible individuals (see Section 2 below for eligibility requirements) must visit www.marqueecinemas.com (“Web Site”), click the web banner advertising the Sweepstakes, and follow the on-screen instructions to complete and submit the Sweepstakes entry form (“Entry Form”). The Entry Form will require each user to enter his/her full name, e-mail address, postal address, telephone number, and date of birth. The Web Site’s database clock will be the official timekeeper for this Sweepstakes. Entries must be received during the Promotion Period. For purposes of this Sweepstakes, “receipt” of an entry occurs when the Web Site’s servers record the entry information upon clicking the final “Submit” or similar button. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message or screen) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Entrants who do not abide by these Official Rules and provide all of the required information on the Entry Form will be disqualified. All entries become property of the Sponsor and will not be returned or acknowledged. Entries that are forged, altered, incomplete, late, garbled or generated by a macro, bot, or other automated meanswill not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other web site, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Limit one (1) entry per person and per e-mail address.
- Eligibility: Sweepstakes open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least thirteen (13) years of age at the time of entry. If you are under the age of majority in your primary state of residence, ask your parent or legal guardian before entering this Sweepstakes.
Employees of Marquee Cinemas, Inc. (“Sponsor”) or Paramount Pictures Corporation (“Paramount”) or their parents and affiliated companies, divisions, subsidiaries, advertising agencies, and promotional partners associated with this Sweepstakes, and relatives of and those living in the same household as such employees are not eligible to enter or win a prize. For the purpose of this Sweepstakes, relatives are defined as spouse, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children, and grandchildren. Void where prohibited. Participation in the Sweepstakes constitutes entrant’s (and minor entrant’s parent’s or legal guardian’s) full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth in these Official Rules.
- Random Sweepstakes Drawing/Odds: Odds of winning depend on the number of eligible entries received. On approximately August 2, 2012 a random drawing to select five (5) first prize winners from among all eligible entries received will be conducted by the Sponsor’s designated agent or representative, whose decisions are final, to determine the winners (“Drawing”). Within approximately seven (7) days after the Drawing, Sponsor or its designee will attempt to notify each potential winner that he/she may have won a prize by the telephone number and/or email address provided in the Entry Form (at Sponsor’s sole discretion) or Sponsor may, in its sole discretion, send prizes directly to the five (5) winners at the address provided in the Entry Form without advanced notification. Prizes will only be mailed to winner’s address in one (1) of the fifty (50) United States or the District of Columbia. If any prize, prize notification or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), that winner may be disqualified and an alternate winner may be randomly selected. As a condition of entering the Sweepstakes, each winner (and each minor winner’s parent or legal guardian) agrees to complete, sign, have notarized (if applicable) and return 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 and minor winner’s parent’s or legal guardian’s Social Security Number and/or state-issued identification number and/or copy thereof), or prize may be forfeited.
- Prizes, Quantity and Approximate Retail Value (“ARV”): Five (5) first prize winners, subject to verification, will receive one (1) MADAGASCAR 3 t-shirt, one (1) MADAGASCAR 3 bag, and one (1) MADAGASCAR 3 Wii Game. ARV of each prize: $75. Total ARV of all prizes: $375.00. Please allow approximately one (1) to two (2) weeks after winner verification for prize delivery.
Prizes legitimately claimed will be awarded. Prize details not specifically stated will be determined in Sponsor’s or Paramount’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner (or minor winner’s parent or legal guardian). Neither Sponsor nor Paramount are responsible for and neither will replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and neither Sponsor nor Paramount will have any further obligation with respect to that prize or portion of the prize. Neither Sponsor nor Paramount are responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded.
- LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY Sponsor AND PARAMount and their parents, divisions, subsidiaries, affiliates, advertising, promotion, and public relations agencies, and the respective officers, directors, employees, representatives and agencTs of each (collectively “Sweepstakes Entities”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, USE, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR SWEEPSTAKES-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 1542 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 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENRAL 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.”
- Additional Disclaimers: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by a Sweepstakes Entity, the entrant, or by human error: any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sweepstakes Entities 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. Sweepstakes Entities are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.
Without limiting any other provision in these Official Rules, Sweepstakes Entities 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 Sweepstakes activities or the Sweepstakes Entities’ operations or activities are affected, as determined by 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, embargo, 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.
- General Rules: All legal responsibilities of a minor under the Official Rules are assumed by the minor’s parent or legal guardian. By entering the Sweepstakes, (except where prohibited by law) entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the internet, by the Sponsor, its promotional partners, and third party marketing entities, without additional compensation, notice, review, or approval. Sponsor’s decisions will be final in all matters, including interpretation of these Official Rules and awarding of the prizes. 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 Sweepstakes. Participants further agree to not knowingly damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. 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 Sweepstakes. 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. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-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. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced on the Web Site or elsewhere. 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 Official 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. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Sweepstakes. 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. In the event of a dispute concerning who submitted an entry form, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted on the entry form at time of entry, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, WEBSITE OR THE GAME OR TO UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disputes/Governing Law: Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted 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 (e.g., costs), if any, not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of this Agreement (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
- Official Rules: For a copy of these Official Rules, print these Official Rules, go online to www.marqueecinemas.com or mail your request, postage pre-paid, with a hand-printed self-addressed stamped envelope to: Marquee Cinemas, Attn: MADAGASCAR 3 Sweepstakes, 552 Ragland Rd., Beckley, WV, 25801. Only one (1) request per outer envelope, mailed separately, will be fulfilled. All Official Rules requests must be received during the Promotion Period. Vermont residents may omit return postage with rules requests.
- Winners’ List: For the winners’ names, send request with a hand-printed, self-addressed, stamped envelope to: Marquee Cinemas, Attn: MADAGASCAR 3 Sweepstakes, 552 Ragland Rd., Beckley, WV, 25801. Only one (1) request per outer envelope, mailed separately, will be fulfilled. All winners list requests must be received by September 6, 2012.
- Sponsor: Marquee Cinemas, Attn: MADAGASCAR 3 Sweepstakes, 552 Ragland Rd., Beckley, WV, 25801