Studio Movie Grill’s “Holiday Sweepstakes 2019” Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES.
SWEEPSTAKES PERIOD: Studio Movie Grill’s “Holiday Sweepstakes 2019” Sweepstakes (the or this “Sweepstakes”) will begin on November 25, 2019, at 12:01 a.m. CT (defined below), and end on January 6, 2020, at 11:59 p.m. CT (the “Sweepstakes Period”). All times in the Sweepstakes refer to Central Time (“CT”). This Sweepstakes is void where prohibited by law. This Sweepstakes is subject to all applicable federal, state, and local laws. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and by the decisions of Sponsor (defined below) in its sole discretion, which are final and binding in all matters related to the Sweepstakes.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one of the 48 contiguous U.S. (excluding RI) or the District of Columbia who live within 100 miles of a Studio Movie Grill location (as determined by Sponsor), and who are 18 years of age or older or the age of majority in their respective states of residence as of the start of the Sweepstakes Period.
Officers, directors, and employees of Studio Movie Grill, and each of their respective parents, subsidiaries, affiliates, divisions, administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes, and each of their respective officers, directors, shareholders, agents, employees, representatives, licensees, partners, associates, successors, and assigns, (collectively, the “Sweepstakes Entities”), and the immediate family members (spouses and/or parents, grandparents, children, grandchildren, and siblings, and their spouses, regardless of where they reside) of, and/or those living in the same household of each (whether or not related thereto), are not eligible to enter or win.
HOW TO ENTER:
(1) Visit the Studio Movie Grill website during the Sweepstakes Period, by going to https://www.studiomoviegrill.com/holiday-sweepstakes (the “Website”), then follow the provided instructions to submit the entry form from the displayed pop up ad, which submission includes sending a prewritten text message.
(2) Mail-in Alternate Method: To enter by mail, print your name, address, day and evening phone numbers, email address, date of birth, and preferred Studio Movie Grill location on a 3″ x 5″ piece of paper and mail it in a sealed envelope with proper postage to Attention: “Sweeps Studio Movie Grill,” Studio Movie Grill, 12404 Park Central Dr, Suite 400N, Dallas, TX 75251, which must be received by Sponsor on or before January 6, 2020, to be entered into the Sweepstakes.
By entering the Sweepstakes, all entrants agree to receive Studio Movie Grill’s email and SMS communications related to promos, discounts, and other information. All entrants will have the ability to opt-out of such communications related to promos, discounts, and other information.
Entries must be received before January 6, 2020, at 11:59 p.m. CT, to be eligible for the Sweepstakes.Studio Movie Grill’s computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter once during the Sweepstakes Period. Limit one entry per person and per email/household address regardless of method of entry. Multiple entries received from any person or email/household address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, or illegible handwriting (in Sponsor’s subjective determination), are void and will not be accepted. There is a limit of one entry per entrant for this Sweepstakes. If it is suspected or determined that an entrant has submitted more than one entry, only one entry will be considered. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event the email account for the potential Winner selected is a joint account, a total of one Prize (defined below) will be awarded in the name of the primary account holder. Proof to Sponsor’s satisfaction of being the authorized account holder may be requested by Sponsor. Entry constitutes permission (except where prohibited by law) to use entry and entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world, in perpetuity, without additional compensation, notification, permission, or approval.
The Prize is subject to certain terms and conditions as may be specified by the Sponsor. If for any reason any Prize element is unavailable or any Prize related event is delayed, cancelled, or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes and/or award a substitute prize for the Prize, or any portion of the Prize, of comparable or greater value as determined by Sponsor, as set forth in these Official Rules (subject to compliance with applicable law). No substitution, transfer, assignment, or cash equivalent of the Prize, or any portion thereof, is permitted by the Winner. An unclaimed Prize will not be awarded. Sweepstakes Entities shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prize, including, without limitation; meals, travel fees and costs, surcharges, service charges, facility charges, snacks, beverages, tips, gratuities, souvenirs, personal expenses are solely Winner’s responsibility. Sweepstakes Entities shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize and are not responsible or liable for any expenses incurred as a consequence thereof. THE PRIZE IS PROVIDED “AS IS.” ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE 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.
Winner is solely responsible for any taxes due on or in connection with any Prize. Winner must supply Sponsor with his or her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the Prize granted if the actual value of the Prize is over $600. All federal, state, and local taxes, and any other costs and expenses associated with acceptance and/or use of the Prize, in whole or in part, not specifically provided for in these Official Rules are solely the Winner’s responsibility.
By participating in the Sweepstakes, each of the Winners and their Guests grant the right to Sponsor to record, videotape, and photograph the Winner and Guests (“Images”) in connection with the Prize. These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy, and exploit such Images, and all elements embodied therein, including any names, likenesses, voices, conversations, and any other attributes of the Winner’s and each Guest’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification, or permission, except where prohibited by law.
SELECTION AND NOTIFICATION OF WINNER: From the Eligible Entries, up to 40 entrants will be selected as a potential Winner at random by a third-party program. The potential Winners will be selected on or about January 7, 2020, and the potential Winners will be contacted by email and/or telephone to confirm availability and eligibility of the potential Winner to accept the Prize.
In the event that a potential Winner or entrant who submitted a winning entry is deemed ineligible, fails to comply with these Official Rules or Sweepstakes procedures, is not available to participate as specified or does not respond to Sponsor’s notification of winning within 72 hours, or if Sponsor is unable to contact potential Winner, then an alternative Winner will be selected from the remaining Eligible Entries to participate, time permitting. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary.
WINNER VERIFICATION: To be eligible to be declared a Winner and to receive the applicable Prize, each potential Winner must confirm acceptance of the Prize within 72 hours of being notified of being a potential Winner, must provide proof of age, identity, and residency, and must execute and return notarized documents to Sponsor, within 72 hours of issuance of such documents from Sponsor, (which will be sent to such potential Winner via email), including, but not limited to: an Affidavit of Eligibility and Liability Release / Publicity Release (except where prohibited) that: (a) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in the Sweepstakes, including, but not limited to, traveling to, preparing for, and/or participating in any Prize-related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, a right that grants Sponsor the right to use potential Winner’s name, picture and/or likeness, and/or biographical information or voice for trade, advertising, and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification (except as prohibited by law). Entry into the Sweepstakes constitutes agreement to execute such release. If a potential Winner does not execute this release(s), have it notarized, and return it within the timeframe specified, the potential Winner may be disqualified and the Prize forfeited. When properly executed, notarized, and provided, and potential Winner is in compliance with the Official Rules, the potential winner will be determined to be a “Winner.” If a Winner chooses not to take a Guest to any particular movie screening, then no additional compensation will be provided to Winner in lieu thereof and the Guest elements will be forfeited and the remaining elements shall constitute full satisfaction of the Prize.
Each Winner must also complete any additional legal documents provided by Sponsor with respect to the Prize and return them as instructed within the time frame specified or Winner may forfeit Prize at Sponsor’s sole discretion. Each Winner and each Guest must agree to comply with all venue rules and regulations and any applicable laws, rules, and regulations, and agree not to act in an obnoxious or disruptive manner. Prize will be forfeited at any time if the Winner or any Guest fails to comply with the terms and conditions of these Official Rules.
By participating in the Sweepstakes, each Winner acknowledges that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize and that such Winner will be responsible for obtaining and paying for any life, travel, car, accident, property, or other form of insurance relating to the Prize or any activities undertaken in connection therewith, if any is desired by Winner to be obtained.
CONDITIONS: By entering the Sweepstakes, each entrant agrees to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final, to forever waive any rights to claim ambiguity with respect to these Official Rules and to forever and irrevocably release, defend, indemnify, and hold harmless Sweepstakes Entities, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, promotional partners and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, shareholders and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, being related to personal injury, death, or damage to or loss of property, and from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, bodily injury, expense, accident, delay, inconvenience, or irregularity, and any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind even if the Released Parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees and costs) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entry, participation, or inability to participate in the Sweepstakes, (b) typographical errors in these Official Rules or any Sweepstakes promotional materials, (c) acceptance, attendance at, participation in, travel related to, possession, receipt, delivery of, defects in, use, misuse or inability to use the Prize (or any component thereof), (d) any change in the Prize (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, (e) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (f) human error, (g) incorrect or inaccurate transcription, receipt, or transmission of any part of the entry, (h) any technical malfunctions or unavailability of the Website or any computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or internet service provider utilized by any of the Released Parties or by an entrant, (i) interruption or inability to access the Sweepstakes, the Website, or any other Sweepstakes-related web pages, or any online service via the internet due to hardware or software compatibility problems, (j) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, postage-due or damaged entries, (m) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or any of their agents or employees, or (n) lost, late, stolen, misdirected, damaged or destroyed Prize (or any element thereof). The Prize is provided, as is, without warranty of any kind. Winner hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any express or implied warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize or any component thereof. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in connection with any evidence or suspicion of hacking, security breaches, or other tampering, or in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners from among all eligible, non-suspect Eligible Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at the Website. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules, acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives, or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE, UNDERMINE, OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COSTS) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: AS A CONDITION OF ENTERING OR PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR REASONABLE OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY—WITHOUT RESORT TO ANY FORM OF CLASS ACTION—BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN DALLAS COUNTY, TEXAS; AND (III) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL REASONABLE OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES. THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES. BY ENTERING OR PARTICIPATING, ENTRANT CONSENTS TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS TO THE EXTENT ARBITRATION IS NOT THE SOLE METHOD OF DISPUTE RESOLUTION UTILIZED FOR ANY REASON.
WINNER ANNOUNCEMENT: Official Rules will be posted on https://www.studiomoviegrill.com/holiday-sweepstakes. For the names of the Winners, send a self-addressed, stamped envelope to be received by January 15, 2020, to: Studio Movie Grill, Holiday Sweepstakes 2019, 12404 Park Central Dr, Suite 400N, Dallas, TX 75251
SPONSOR: Studio Movie Grill Holdings, LLC (also referred to herein as “Studio Movie Grill”), 12404 Park Central Dr., Suite 400N, Dallas, TX 75251