“THE SPIRIT” I’M ON MY WAY Contest is intended for participation only in the 50 United States and the District of Columbia (“U.S.”) and shall be construed according to, and governed exclusively by, U.S. law. Do not participate in the Contest unless you meet the eligibility requirements set forth below and are a legal resident physically located in the United States at the time of entry.
“THE SPIRIT” I’M ON MY WAY CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: “The Spirit” I’m On My Way Contest (the “Contest”) begins on or about 12:01 am Eastern Time (“ET”) on April 21, 2008 and ends at 11:59 pm ET on June 13, 2008 (“Entry Period”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Lions Gate Entertainment Inc.(“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: This Contest is open only to individuals who are (i) legal residents of the 50 United States (and the District of Columbia), located in the U.S. at the time of entry, (ii) age eighteen (18) or older at the time of entry, and (iii) may not have been selected as the Grand Prize winner of “The Spirit” I’m On My Way Sweepstakes. Sponsor, and each of its respective parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), as well as the immediate family members and/or those persons living in the same households of such employees, officers and directors are not eligible to enter or win this Contest. This Contest is void where prohibited. This Contest is not officially affiliated with or endorsed by the organizers of Comi-Con 2008.
HOW TO ENTER:
To enter the Contest, grab “The Spirit” (the “Picture”) trailer widget (the “Widget”) from the official site for the Picture (located at http://www.lionsgate.com/thespirit) or the official Widget page (located at http://www.mycityscreams.com) (collectively, the “Movie Websites”), by clicking on the “grab” button within the Widget at either of the Movie Websites. Within the Widget, entrants must click on the “Contest” link/tab and submit the required identification information (including, without limitation, name, email, date of birth and gender). Entrants must then follow the instructions provided to embed the Widget in a webpage or personal social networking site profile (for example, the entrant’s MySpace or Facebook profile). Entry into the Contest will not be complete until the Widget has been successfully embedded and is viewed at least once at the entrant’s chosen webpage or personal social networking site profile. Each entrant will automatically be entered into the Contest after successfully completing the steps described above. Entrants are encouraged to have others view their embedded Widgets. The entrant who receives the most views of the Widget as embedded in his or her webpage or personal social networking profile, as determined by Sponsor in its sole discretion, will be deemed the Grand Prize winner, subject to verification of the entrant’s eligibility.
The database clock tied to the Movie Websites will be the official time keeper for this Sweepstakes. Limit one (1) entry per person and/or email address.
All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Proof of entering information via the Widget is not considered proof of delivery to or receipt by Sponsor of such entry. Entrants must provide a valid email address to be eligible to enter. In the event a dispute regarding the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the affected individual will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
All entries become the property of Sponsor and none will be acknowledged or returned. False, fraudulent and/or deceptive entries or acts shall render entrants ineligible for the Contest.
NOTE: Entry must be made by the entrant, only via the Widget. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
DRAWING/ODDS: At the conclusion of the Entry Period, Sponsor will determine, in its sole discretion, the entrant who received the most views of the Widget as embedded in his or her personal social networking profile(s). Sponsor will attempt to notify the potential Grand Prize winner using the contact information provided at the time of entry. Sponsor shall have no liability for any Grand Prize winner notification that is lost, intercepted or not received by the potential Grand Prize winner for any reason. If any potential Grand Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Grand Prize for any reason prior to award, such potential Grand Prize winner will be disqualified and an alternate Grand Prize winner may be selected. Time is of the essence in awarding each Grand Prize. If any potential Grand Prize winner does not respond within three (3) days of the first notification attempt, or if the Grand Prize is declined or a notification is returned as unclaimed or undeliverable to any potential Grand Prize winner, such potential Grand Prize winner will forfeit his or her Grand Prize and an alternate Grand Prize winner may be selected. If any potential Grand Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Grand Prize for any reason prior to award, such potential Grand Prize winner will be disqualified and an alternate Grand Prize winner may be selected. Sponsor may successively attempt to contact up to three (3) potential winners of the Grand Prize in accordance with such procedure, and if there is still no confirmed winner of the Grand Prize i after such attempts have been made, the Grand Prize may go unawarded.
PRIZES: One (1) Grand Prize is available. The Grand Prize consists of a four (4)-day/three (3) night trip for the Grand Prize winner and one (1) travel companion to San Diego, California to attend Comi-Con 2008, including : a) roundtrip air transportation for the Grand Prize winner and his or her travel companion between the major airport in the forty-eight (48) contiguous United States closest to the Grand Prize winner’s residence and San Diego, California, b) entry passes for the Grand Prize winner and his or her travel companion to Comi-Con 2008, c) three (3) nights’ hotel accommodations for the Grand Prize winner and his or her travel companion (one (1) room, double occupancy), and d) ground transportation between the hotel and airport for the Grand Prize winner and his or her travel companion. The approximate retail value (“ARV”) of the Grand Prize is $4,500.
The Grand Prize winner and his or her travel companion must be eighteen (18) years of age or older in order to redeem the Grand Prize and participate in the Grand Prize activities. In the event the Grand Prize winner’s residence is close enough to San Diego, California, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from the Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of travel are currently anticipated to be July 24, 2008, through July 27, 2008, with attendance at Comi-Con 2008 during those same dates. The dates of departure and return are subject to change at Sponsor’s sole 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. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel route and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand 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 Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents (as defined below) and/or travel documents. In the event the Grand Prize winner and/or his or her travel companion(s) engage in behavior that (as determined by Sponsor in Sponsor’s 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 the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion(s) home with no further compensation. The travel portion of the Grand Prize must be redeemed and travel must be completed by July 27, 2008.
The Grand Prize winner and his or her travel companion must be able to travel to San Diego, California, on July 24, 2008, and the Grand Prize activities will continue through July 27, 2008. If a potential Grand Prize winner cannot attend on the dates specified, the applicable Grand Prize will be forfeited in its entirety and may be awarded to an alternate Grand Prize winner. The travel activities set forth in the Grand Prize description above must be booked at least thirty (30) days in advance of travel. If the Grand Prize winner does not book the Grand Prize travel in this window, as set forth by Sponsor, the travel portion of the Grand Prize will be forfeited in its entirety. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. In the event the trip and/or event listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason that is out of Sponsor’s control, then in lieu of attending the trip and/or applicable event, the Grand Prize winner will receive $100, and such amount plus the remaining components, if any, of the Grand Prize, shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner, and no other or additional compensation will be awarded. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Grand Prize is non-assignable and non-transferable. Applicable portions of the Grand Prize will be delivered only to an address in the United States.
GENERAL CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in their sole discretion. All federal, state and/or local taxes (and the reporting consequences thereof) and any other fees or costs associated with the prizes are the sole responsibility of the winners. Each potential Grand Prize winner will be required to execute and return an Affidavit of Eligibility/Liability Release and (where legal) a Publicity Release (the “Prize Claim Documents”). The Liability Release that any potential Grand Prize winner is required to sign will provide, without limitation, that the Promotion Entities will be held harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the applicable Grand Prize winner’s participation in the Grand Prize activities or any other Grand Prize-related activity. If the Grand Prize winner is under the age of majority in such Grand Prize winner’s state of residence (a “minor”), at Sponsor’s option, the Grand Prize either will be awarded in the name of the parent or legal guardian of such minor Grand Prize winner, or the parent or legal guardian of such minor Grand Prize winner will be required to ratify and sign the Prize Claim Documents. If a Grand Prize winner (or, in the case of a minor, such minor Grand Prize winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within the time specified by Sponsor during the potential Grand Prize winner notification process (or a shorter time if required by exigencies), the potential Grand Prize winner may be disqualified and an alternate Grand Prize winner may be selected.
GENERAL RELEASE / FORCE MAJEURE: By participating in the Contest, each entrant (or if a minor, his or her parent or legal guardian) agrees that the Promotion Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. By accepting a prize, the winner agrees to the use of his/her name, photograph, likeness, and/or city/state of residence by Sponsor, or any party authorized by Sponsor, for advertising and promotional purposes worldwide and in any and all media without additional notice or compensation. Prizes will only be awarded to a verified winner. The Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Widget, the Movie Websites, or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserve the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select a winner from among all eligible, non-suspect entries received prior to the termination or cancellation. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. In the event Sponsor are prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, 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 (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’ control (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, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. Sponsor reserves the right to terminate on-line entry if technical difficulties compromise the integrity or ability to continue on-line entry. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WIDGET, THE MOVIE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON IN CONNECTION WITH THE CONTEST, IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY THE APPLICABLE INDIVIDUAL AND SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
PRIVACY: Entry information may be shared with Sponsor’s promotional partners to the extent entrants agree at the time of entry and to the extent required for prize fulfillment purposes. Except as provided in these Official Rules or as agreed to at time of entry, any entry information collected from the Contest shall be used in accordance with Lions Gate Films’ Privacy Policy, located at http://lionsgate.com/privacy.html.
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 CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK 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.
ARBITRATION PROVISION: By participating in this Contest, each entrant agrees that: (i) Any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Contest or the awarding or redemption of prizes or the determination of the scope or applicability of this agreement to arbitrate will be resolved exclusively by final private and binding arbitration conducted pursuant to the AAA’s Procedures for Consumer-Related Disputes in conjunction with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (ii) The arbitration shall be held at the AAA regional office nearest the entrant; (iii) 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 Contest; (iv) There shall be no authority for any claims to be arbitrated on a class or representative basis; and (v) The arbitrator shall not have the power to award punitive damages against the entrant or Sponsor. In addition, 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 the entrant filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
WINNERS’ LIST/OFFICIAL RULES: Any legally required list of winners may be obtained by sending a self-addressed stamped envelope to: “The Spirit” I’m on My Way Contest, c/o Lions Gate Films, 2700 Colorado Avenue, Floor #2, Santa Monica, CA 90404. All such requests must be received within six (6) weeks after the end of the Entry Period. For a copy of the Official Rules, (i) print this web page during the Promotion Period or (ii) send a self-addressed, stamped envelope to: “The Spirit” I’m on My Way Contest, c/o Lions Gate Films, 2700 Colorado Avenue, Floor #2, Santa Monica, CA 90404. Vermont residents may omit return postage on Official Rules requests. Official Rules requests received after the close of the Entry Period will not be honored.
SPONSOR: Lions Gate Entertainment Inc., 2700 Colorado Avenue, Santa Monica, CA 90404.
TM & © 2008, Lions Gate Entertainment. All Rights Reserved.