NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF AND ORDER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. MINORS WILL NEED THEIR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO ENTER THIS SWEEPSTAKES.
By entering this Sweepstakes, you, as Entrant, agree to these Official Rules, which are a contract so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor (defined below) from you, Entrant, and a limitation of your rights and remedies.
ENTRY VIA INSTAGRAM, INSTAGRAM ACCOUNT AND INTERNET CONNECTION REQUIRED. ENTRANTS MAY NOT BE ABLE TO PARTICIPATE IN THE SWEEPSTAKES USING “PROTECTED” INSTAGRAM ACCOUNTS.
Each winner and any minor winner’s parent or legal guardian for himself or herself may be required to execute PRIZE ACCEPTANCE / AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / FORM(S).
1. Eligibility. This Avengers: Infinity War IMAX Instagram Sweepstakes (the "Sweepstakes") is open only to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least 13 years of age or older at the time of Entry (as defined below). NOTE: An eligible minor must check the age of majority of his/her state or province and must obtain his/her parent’s or legal guardian’s permission prior to entering. (Each entrant to the Sweepstakes shall be referred to in this Official Rules as “Entrant”). Employees of IMAX Corporation, Walt Disney Studios (“Disney”), Fandango Loyalty Solutions, LLC, (Fandango), and each of their respective parents, affiliates, subsidiaries, advertising, and promotion agencies, directors, officers and distributors and other prize suppliers (collectively, the "Sweepstakes Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. For the purpose of this Sweepstakes, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law. Instagram, LLC is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes.
3. How to Enter.
To enter the Sweepstakes and to qualify for Entry, Entrant must: (i) have an Instagram account; (ii) have an internet connection (iii) follow Sponsor on Instagram (@imax.movies); (iv) be considered a member in good standing with Instagram, LLC, as determined by Instagram, LLC in its sole discretion; and (v) follow the instructions in any call to action provided in any Instagram post on Instagram Stories by Sponsor that indicates there is a chance to enter to win Prize(s), including typing exactly any unique term called for in Sponsor’s update calling for entries (“Entry”). Sponsor, at its sole discretion, may accept a technically incorrect unique term. Entrant’s Entry must be a reply to the specific post calling out the Sweepstakes on Sponsor’s Instagram account (i.e., “@IMAX.movies”); If Entrant’s Instagram account is set to “protected mode” or “private,” Entrant’s Entry may not be visible to Sponsor and may not be received by Sponsor. Any replies that do not appear as a comment to the specific post calling out the Sweepstakes on Sponsor’s Instagram account will not be entered into the Sweepstakes.
Only one (1) Entry, per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple Instagram accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, profane or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. As a condition of entering the Sweepstakes, each Entrant (or if the Entrant is a minor, said Entrant’s parent or legal guardian) gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the authorized account holder of the e-mail address associated with the Instagram account of the Entry, which the Entrant will have the obligation to establish. The “authorized account holder” is defined as the person assigned to an e-mail address by an Internet access provider, online service provider and/or other organization responsible for assigning e-mail addresses. All materials submitted become the property of Sponsor and will not be returned. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Illegible and/or incomplete Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
NOTE ABOUT MOBILE: If Entrant opts to receive Sponsor's Instagram updates via Entrant’s wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), data charges may apply for data sent or received from Entrant’s handset according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers' rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on messaging rate plans and charges relating to Entrant’s participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Sweepstakes, including to notify Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carrier's rate plan. Use of Instagram may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Entrant should check Entrant’s phone's capabilities for specific instructions.
NOTE ABOUT “PRIVATE” OR “PROTECTED MODE”: Sponsor may not receive entries from Instagram users with “protected” or “private” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way Instagram operates its service.
4. Prize(s) and Values. The "Prize" to be awarded in this Sweepstakes are as follows: Five (5) Prize winners will receive: two (2) IMAX tickets* (ARV $56) (the “Prize”).
ARV (Approximate Retail Value) of each prize is $56. Total ARV of all prizes: $280. Any difference between the ARV and actual retail value of a prize will not be awarded to winners. The odds of winning depend on the total number of eligible entries received. The Prize must be accepted as awarded and Entrants hereby acknowledge that the Prize is awarded “as is” and Sponsor has 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, without limitation, to the Prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prize. The Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. The Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with the Prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the Prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. To claim the Prize, Prize winner may be required to provide Sponsor with Prize winner’s correct full name, mailing address, telephone number, e-mail address, a valid taxpayer identification number or social security number before the Prize will be awarded for tax reporting purposes. The winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive. Unclaimed Prize will be forfeited. All Prizes will be awarded provided that a sufficient number of eligible entries are received.
U.S. Only: *Each IMAX Ticket will be in a form of a Fandango Promotion Code (“Promotional Code”). Each winner will receive two (2) Promotional Code(s) via e-mail valid for an IMAX movie ticket (each worth up to $28 total, inclusive of any convenience fees) to see a movie currently in IMAX theaters in the United States. The Fandango Promotional Code must be activated at www.fandango.com/promo/IMAX. Once activated, the Promotional Code is valid for purchase of an IMAX movie ticket at www.fandango.com or via the Fandango app for IMAX theaters in the United States. The Promotional Code must be activated by 06/30/18 and is void if not activated by the expiration date. The Promotional Code is only valid for purchase of IMAX movie tickets made at www.fandango.com or via the Fandango app and cannot be redeemed directly at any IMAX theater box office. If lost or stolen, the Promotional Code cannot be replaced, and there will be no refunds. No reproductions will be accepted. No cash value. Not valid with any other offer. Offer valid for one-time use only. Not for resale; void if sold or exchanged. If cost of movie ticket with Fandango’s convenience fee included is more than maximum value of the Promotional Code, then user must pay the difference. Any price difference between movie ticket purchased and maximum value of the Promotional Code will not be refunded. Approximate Retail Value (“ARV”): $28 USD. Limit 1 rewards per person. Fandango Loyalty Solutions, LLC or its parents, affiliates, and subsidiaries are not a sponsor or co-sponsor of this Promotion and are not responsible for the promotion, administration or execution of this Sweepstakes. The redemption of The Promotional Code is subject to Fandango’s Terms and Policies at www.fandango.com/terms-and-policies. All Rights Reserved. Fandango Loyalty Solutions, LLC is not a sponsor of this Sweepstakes.
5. Winner Selection. The Sweepstakes winner(s) will be determined by checking the list of Entrants who posted on Instagram according to the call to action for the Sweepstakes. Sponsor is not responsible for changes to the Instagram “Reply” function that may interfere with Sweepstakes or ability of entrant to timely enter. Winner(s) of the Sweepstakes will be selected at random from among all qualified entries in the @IMAX “Mention” folder. The drawing date for the Sweepstakes is on April 25, 2018. Winner(s) will be announced on April 25, 2018 at or about 11: 00 AM PDT. The potential winner(s) will be contacted, within 24 hours of when the winner(s) are announced, using the direct message feature on Instagram for the user account that posted the responsive update if the winner is a follower of @IMAX.movies.
If the potential winner is not a follower of @IMAX.movies, then the potential winner will be disqualified. All entries must follow Sponsor’s Instagram account (@IMAX.movies). However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is Entrant’s responsibility to timely set Entrant’s account settings to accept contacts by Sponsor and to timely check Entrant’s account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. The potential winner (and his or her parents or legal guardians if under the age of majority) may be required to submit an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form (collectively, the "Affidavit") within five (5) business days of attempted notification. If the notification, Prize or Affidavit is returned to Sponsor as undeliverable, is lost, rejected or faulty or if Sponsor does not receive a response from any potential winner within three (3) business days of attempted notification, such winner may be disqualified and the Prize will be awarded to an alternate potential winner. Non-compliance may result in disqualification and award of the Prize to an alternate winner. 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 may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winner(s) come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules, the winner(s), or remaining winner(s), as the case may be, of the advertised number of Prize(s) available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Any and all taxes are the sole responsibility of the winner.
Limit one (1) Prize per household.
6. Odds. Odds of winning the Prize depend upon the total number of eligible entries received and the timing of the entries submitted.
7. GENERAL: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. By entering the Sweepstakes, participants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Entrants who do not comply with these Official Rules, or attempt to interfere with the Sweepstakes in any way, shall be disqualified. Entrants and prize winner(s) agree to release, defend, indemnify and hold harmless Sponsor, Disney, Fandango Loyalty Solutions, LLC, and each of its respective officers, employees, directors, parent and related companies, affiliates, subsidiaries, participating theatres, agencies and any other companies participating in the design, administration or fulfillment of the Sweepstakes (collectively, “Released Parties”) from liability of any kind or nature for any injuries, damages or losses of any kind or any other costs or expenses resulting from or arising from any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder or from Entrant’s participation in this Sweepstakes, or acceptance, possession or use, misuse or awarding of a prize or parts thereof, including, without limitation, any injury, damage death, loss or accident to person or property. Acceptance of a prize constitutes permission (except where prohibited by law or regulation) to use winner’s name, likeness, biographical data and statements for advertising and publicity purposes without notice or additional compensation.
The Released Parties are not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Sweepstakes, in the announcement of the prize winner(s), and/or in any advertising or other associated promotional materials in connection with the Sweepstakes. Further, the Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, dropped dial-up internet connections, interrupted broadband, cable, or wireless internet connections, cell phone dropped calls, unauthorized human intervention, traffic congestions, incomplete or inaccurate capture of Entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s phone or other electronic computing or telephone equipment, or other matter relating to or resulting from participation in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should any virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes and no compensation will be payable. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
8. GOVERNING LAW / DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Los Angeles County, California in any action to enforce (or otherwise relating to) these Official Rules or relating to this Sweepstakes.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO ENTRANT.
9. WINNER(S) LIST: To obtain the names of the winner(s), please contact firstname.lastname@example.org before June 19, 2018.
10. SPONSOR: IMAX Corporation, 2525 Speakman Drive Mississauga, Ontario L5K 1B1, Canada
11. COPY OF THE RULES: To obtain a copy of the rules, please send a separate, self-addressed stamped envelope to Avengers: Infinity War IMAX Instagram Sweepstakes, 12582 West Millennium Dr., Los Angeles, CA 90094.
12. TAXES: The winner(s) will be solely responsible for all taxes (federal, state, and local) and for any other fees or costs associated with the prize they receive. Sponsor reserves the right to withhold.
///END OFFICIAL RULES///
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