THX Ultimate Cinema Spiderman Ticket Giveaway

Official Rules and Regulations

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ONE’S ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW OR OTHERWISE RESTRICTED, AND SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. INTERNET ACCESS REQUIRED TO ENTER.

THX Ultimate Cinema Spider-Man: Far From Home Ticket Giveaway (the “Promotion”) begins on or about 5:00 PM Pacific Time on July 9, 2019 and ends at 4:59 PM Pacific Time on July 11, 2019 (“Entry Period”). 

SPONSOR

The Sponsor of the Promotion is THX Ltd., located at 1255 Battery Street, Suite 100, San Francisco, California 94111, USA (“Sponsor” or “THX”). 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC.

ELIGIBILITY

Participation in the Promotion is open to natural persons who are legal residents of the United States and physically located in the city of Los Angeles, California, who, at the time of entry, are at least eighteen (18) years of age or the Age of Majority in their state of residence, whichever is later, and have internet access. Employees of Sponsor or its affiliates and subsidiaries, participating advertising and promotion agencies, prize suppliers and partners, and members of their immediate family and/or those living in the same household of each, are not eligible. Each entrant is eligible to win a maximum of one (1) prize in the Promotion. In order to be eligible, entrants must follow these Official Rules. Failure to comply with these Official Rules will result in disqualification of an entrant.

HOW TO ENTER

Entrants can enter the Promotion during the Entry Period by either 1) “Liking” the Facebook page of Sponsor AND sharing a favorite movie moment from the Marvel Cinematic Universe in the post comments on THX’s Facebook page, or 2) email [email protected] to be entered into a random drawing to win a Prize. LIMIT: one (1) entry per person, regardless of the method of entry used. Subsequent entries will be void upon discovery. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. Entrants are not required to remain a “fan” of the THX Facebook page in order to be eligible to win the Promotion and may “Unlike” the THX Facebook page immediately after registration.

Drawing: On or about one day following the close of the Entry Period, Sponsor will conduct a random drawing from among all eligible entries received during the Entry Period to select the name(s) of 5 potential winner(s) for the Promotion. Subject to verification and compliance with these Official Rules, Winner(s) will be announced online at Sponsor’s website at www.thx.com and Sponsor’s Facebook page at www.facebook.com/thxltd following the conclusion of the Promotion. Sponsor’s decisions are final with respect to all aspects of the Promotion. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.  

NOTIFICATION

Sponsor shall notify potential Winner(s) by email within seven (7) calendar days after selection. All potential winners will be required to complete and return an Affidavit of Eligibility and Liability Release within three (3) calendar days of notification. If after a reasonable number of attempts contact has not been made, or if any prize notification is returned as undeliverable, or if a potential winner declines the prize, is deemed ineligible or otherwise fails to meet Sponsor’s requirements, prize will be forfeited and an alternate Winner will be selected from the remaining entries according to the applicable criteria for the Promotion. In case of a dispute related to the identity of an entry, the entry will be deemed made by the authorized account holder of the username which made the entry. The “authorized account holder” is that person or entity who is assigned the username. Potential winners may be required to provide credible evidence to prove that the potential winner is an “authorized account holder” of the account associated with the winning entry.

PRIZE(S)

Five (5) Winners will be awarded a gift card for two (2) admission tickets to see the Spider-Man: Far From Home movie at the THX Ultimate Cinema at Regency Theatre located at 961 Broxton Ave, Los Angeles, California 90024, worth an approximate total value of twenty-seven dollars ($27.00)] (“Prize”).

The value of the prize(s) set forth above represents Sponsor’s good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. Prizes are not transferable. No substitutions or cash redemptions are allowed except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute the prize with another prize of equal or greater approximate value due to prize unavailability.  The Winner is responsible for paying any applicable income taxes and any other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. All entries are subject to verification at the sole discretion of Sponsor.  

Winner acknowledges that the Promotion Entities (defined below) do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Promotion or the Prize.  All prizes are awarded AS IS. Sponsor is not responsible for any travel expenses or other costs associated with the Winner’s use of the Prize.

FULFILLMENT

The prizes will be held for each Winner at the Box Office of the Regency Theatre located at 961 Broxton Ave, Los Angeles, California 90024. Winners will need to present a valid government-issued photo ID to claim their Prize. Prizes that are not claimed by June 13, 2019 will be considered fulfilled and finalized for the purpose of awarding the prize in the Promotion.

GENERAL CONDITIONS 

By participating in the Promotion, you agree to be bound by these Official Rules, any applicable Facebook policies and procedures, any notices posted online in connection with the Promotion, Sponsor’s decisions and interpretations of these Official Rules, and decisions of the judges, which will be final.  You further represent and warrant that, based on the Official Rules, you are eligible to participate in the Promotion and that the information you provide is accurate.  

Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Promotion or the operation of Sponsor’s websites or Facebook sites; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  Sponsor may, to the maximum extent permitted by applicable law and in its sole discretion, change these rules or cancel the Promotion at any time; or modify, terminate, or suspend the Promotion should viruses, worms, bugs, unauthorized human intervention, fraud, technical failures, or other causes beyond its control corrupt or impair the administration, security, fairness or proper play of the Promotion or submission of entries and/or fan voting, where applicable. In the event that the Promotion is cancelled or terminated prior to the stated end date, Sponsor may, in its sole discretion, select a potential Winner or Winner(s) from among all eligible, salvageable, and non-suspect Entries and/or votes received prior to the time of the event warranting such cancellation or termination.  Inclusion in such alternative selection process shall be each entrant’s sole and exclusive remedy under such circumstances. In no event will more than the stated number of Prize(s) be awarded.

NO FACEBOOK ENDORSEMENT

This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. Any information you provide in connection with the Promotion is to Sponsor and/or its sponsors/administrators and not to Facebook.  Please see section below. You understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of www.facebook.com. You should therefore review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook. All questions, comments or complaints regarding the Promotion should be directed to Sponsor.

PRIVACY

Use of any personal information collected by Sponsor about entrants as part of the Promotion shall be in accordance with Sponsor’s privacy policy. Please review Sponsor’s privacy policy here. By participating in the Promotion, you agree to Sponsor collecting and using your personal information and you acknowledge you have read Sponsor’s privacy policy. When you enter in the Promotion, you will have an opportunity to opt-in to receive additional email communications from Sponsor.

PUBLICITY

By participating in the Promotion and/or accepting the Prize, each entrant irrevocably gives permission (and agrees to confirm this permission in writing) to Sponsor to publish his or her name and state of residence in any announcement by Sponsor of the Promotion Winner, in any and all media including but not limited Sponsor’s Facebook page, Twitter feed, THX.com website, and if requested as below, without further compensation or notice. 

LIMITATIONS OF LIABILITY/ RELEASE/ DISPUTES  

All participants acknowledge that Sponsor, Facebook, any promotion administrators, and each of their respective franchisees, parents, affiliates, subsidiaries, members, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Promotion, and each of these companies’ officers, directors, shareholder, representatives, agents, and employees (collectively, the “Promotion Entities”) are not responsible for and shall not be liable for: (i) entries or votes that are lost, misdirected, unintelligible, corrupted, incomplete, late, otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries or votes; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an entrant’s or other person’s computer related to or resulting from participating in the Promotion, or accessing or downloading materials relating to the Promotion; (iv) any conditions caused by events beyond the control of the Promotion Entities that may cause the Promotion to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from acceptance, use, or misuse of any prize or prize-related activity; or (vi) any printing or typographical errors in any materials relating to the Promotion. 

BY PARTICIPATING IN THIS PROMOTION, ALL ENTRANTS AGREE TO AND HEREBY RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS PROMOTION, OR ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.  

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

This Promotion shall be governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts or laws. Any action or litigation concerning this Promotion shall take place exclusively in the federal or state courts sitting in San Francisco, California, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses relating to jurisdiction or venue in such courts. 

ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

WINNERS LIST  

For the results, send a self-addressed, stamped envelope to “THX Ltd., 1255 Battery Street, Suite 100, San Francisco, California 94111, USA: ATTN Promotion Winners List.” All requests must be received within two months after the end of the Promotion, and identify the Promotion in the request. VT residents may omit return postage. The Winners’ names may also be posted on Sponsor’s website and/or Facebook page.