Nominate Your Neighbor Contest Official Rules

Studio Movie Grill’s Nominate Your Neighbor Contest  

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES.

CONTEST ENTRY PERIOD: Studio Movie Grill’s “Nominate Your Neighbor” Contest (“Contest”) will begin on Nov 13, 2019 at 12:01 a.m. CT and end on Dec 18, 2019 at 11:59 p.m. CT (“Contest Period”).  All times in the Contest refer to Central Time (“CT”). This Contest is void where prohibited by law. This Contest is subject all applicable federal, state and local laws.  By participating in this Contest, Entrants, agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor.

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the 48 continental U.S. or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are 18 years of age or older or the age of majority in their state of residence as of the start of the Contest Period.

Officers, directors, and employees of Studio Movie Grill and its parent, subsidiaries, affiliates, divisions, administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest, and each of their respective officers, directors, shareholders, agents, employees, representatives, licensees, partners, associates, successors and assigns, (collectively, "Contest Entities"), and the immediate family members (spouses and/or parents, children, 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: To enter the Contest online during the Contest Period, visit Studio Movie Grill’s Nominate Your Neighbor page located at https://www.studiomoviegrill.com/Story/nominate (the “Website”). Then follow the provided instructions to complete and thereafter submit the entry form, which includes entering your name, telephone number, email address, and zip code, as well as the name, telephone number, email address, and zip code of the person you are nominating (“Entry”).  As part of the Entry, you will also be required to submit an essay (“Essay”) explaining why your Nominee is an “Inspiring Neighbor”.  Who is your Nominee and why are you nominating them? What impact do they have on not only you, but on their community? How have they opened hearts and minds with their efforts? The more you tell us, the better picture we will get of your “Inspiring Neighbor”.   The individual submitting the Entry nominating a Nominee is the “Entrant”.  The Nominee must be 18 years of age or older.

Essay must be original (written by you), true and verifiable, and submitted in the English language.  All Entries become the property of Sponsors and will not be acknowledged or returned.

You must submit Essay (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest.  By entering the Contest, Entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity.  Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.  If any Entry is incomplete, or any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration.  Entries must comply with all applicable laws, rules, and regulations.  Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.

Entries must be received before Dec 18, 2019 at 11:59 p.m. CT to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest.  You may enter once during the Contest Period. Limit one (1) entry per person and per email address.  Multiple entries received from any person or email address beyond this limit will void all such additional entries. No Entry may be submitted in any other contest or promotion. 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, are void and will not be accepted.  There is a limit of one (1) Grand Prize per Entrant for this Contest. If it is suspected or determined that an Entrant has submitted more than one (1) Entry, only one (1) 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 a winning account selected is a joint account, a total of one (1) Grand Prize will be awarded in the name of the primary account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be requested by Sponsor. Entry constitutes permission (except where prohibited by law) to use Submissions and Entrant’s and Nominee’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. 

All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entries will not be acknowledged. Proof of Entry submission will not be deemed to be proof of receipt of Entry by Sponsor. Odds of winning depend upon the number of Eligible Entries received during the Contest Period.  Personal information collected in connection with this Contest will be used in accordance with Studio Movie Grill’s privacy policy, available at https://www.studiomoviegrill.com/Privacy.

PRIZES:  One (1) Winner (hereinafter defined) will receive one (1) Grand Prize “Grand Prize” defined as (i) a donation to the Winner’s Charity of choice in the amount of $1,000, (ii) a gift card to Studio Movie Grill valued ($250). The total ARVs value at $1,250. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.  Sponsor will determine all details of Grand Prize in its sole discretion.

The charity chosen by the Winner must be a tax-exempt non-profit charity (the “Charity”) and provide any documentation requested by Sponsor to in order to confirm its status, and Sponsor reserves the right to reject the Charity chosen by the Winner in its sole discretion for any reason, and require Winner to choose an alternate Charity. If Sponsor and Winner cannot agree on a Charity to receive the $1,000, Sponsor will randomly draw an alternate winner from the remaining Eligible Entries, who will have an opportunity to choose a Charity to receive the $1,000 donation, and Sponsor again reserves the right to reject the Charity chosen by the alternate Winner in its sole discretion. Sponsor shall continue this process until it and a Winner can agree on a Charity to receive the $1,000 donation. Sponsor will deliver the $1,000 donation to the agreed upon Charity in honor of the Winner via overnight mail or another method specified by Sponsor in its sole discretion within 30 days of determining the Charity that will receive the $1,000 donation.

Grand Prize is subject to certain terms and conditions as specified by issuer. If for any reason any Grand Prize is unavailable or any Grand Prize related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Contest and/or award a substitute Grand Prize, or portion of Grand Prize, of comparable or greater value, as set forth in these Official Rules (subject to compliance with applicable law). No substitution, transfer, assignment or cash equivalent of the Grand Prize, or any portion thereof, is permitted by a Winner. Unclaimed Grand Prizes will not be awarded. Contest 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 Grand Prize. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize and is not responsible or liable for any expenses incurred as a consequence thereof. THE GRAND PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT CONTEST 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 GRAND PRIZES.

The Winner is solely responsible for any taxes due on or in connection with any Grand Prize. The 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 Grand Prize granted if the actual value of the Grand Prize is over $600.  All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of a Grand Prize, in whole or in part, not specifically provided for in these Official Rules are solely the Winner’s responsibility.

By participating in Contest, each Entrant and Winner (hereinafter defined) grants the right to Sponsor to record, videotape and photograph the Winner (“Images”). 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, voice, conversation, and any other attributes of Winner’s and/or Entrant’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:  Eligible Entries will be judged by one (1) or more qualified judges selected by Sponsor ("Judges"). Decisions of the Judges/Sponsor are final as to all Contest-related matters and interpretations of these Official Rules.  Eligible Entries will be judged based on the following final judging criteria (“Judging Criteria”): Compelling Story (50%); Impact on the Community (50%). In the event of a tie, the Judges will break the tie by selecting the tied Entry that received the highest points from the Judges for Compelling Story as the potential Winner(s). In the event a tie remains, an additional tie-breaking judge will judge the tied Eligible Entries, using the Judging Criteria, to determine which of the tied Eligible Entries will be the Winner, subject to verification of eligibility.  The winner (each a “Winner” and collectively, the “Winners”) is the Nominee whose Entry submitted by the Entrant receives the highest score by the Judges. The Winner will be selected on or about Jan 7, 2020, and the Nominee and/or Entrant for the Winner will be contacted by phone/email to confirm availability of the Nominee.

In the event that a Winner or Entrant who submitted a winning Entry is deemed ineligible, fails to comply with these Official Rules or Contest procedures, or does not respond to Sponsor’s notification of winning within 48 hours, or if Sponsor is unable to contact Winner or Entrant, then an alternative Winner will be selected from remaining Eligible Entries to participate, time permitting. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary.

WINNER VERIFICATION: To be eligible to be declared a Grand Prize Winner and to receive the applicable Grand Prize, the potential Grand Prize Winner must confirm acceptance of the Grand Prize within three (3) days of being notified of being a potential Grand Prize Winner, must provide proof of age, identity and residency, and must sign and return to Sponsor, within three (3) days of receipt of such documents from Sponsor, (which will be sent to potential Grand Prize Winner (via email) an Affidavit of Eligibility and Release that: (a) releases Contest 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 Grand Prize Winner’s participation in Contest, including, but not limited to, preparing for and/or participating in any Grand Prize-related activity, or the acceptance, possession, or use or misuse of any Grand Prize; and (b) except where prohibited by law, a right that grants Contest Entities the right to use potential Grand Prize Winner’s name, picture and/or likeness, 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 Contest constitutes agreement to sign such release. If a potential Grand Prize Winner does not sign this release(s) and return it within the time frame specified, the potential Grand Prize Winner may be disqualified and the Grand Prize forfeited. When properly executed, and providing potential Grand Prize Winner is in compliance with the Official Rules, potential Grand Prize Winner will each be determined to be a Contest “Grand Prize Winnerand collectively “Grand Prize Winners.

By participating in Contest, the Winner acknowledge that Contest Entities have not and will not obtain or provide insurance of any kind relating to the Grand Prizes and that Winner will be responsible for obtaining and paying for any life, travel, car, accident, property or other form of insurance relating to the Grand Prize.

CONDITIONS: By participating in the Contest, each Entrant and Nominee agrees for Entrant and for Entrant’s and Nominee’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Entrant’s and/or Nominee’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Grand Prize or any portion thereof (including any travel related thereto); (b) to release and hold harmless Released Parties for any claim, including claims based on defamation, publicity rights and invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action; (c) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties 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 Grand Prize, including express warranties provided exclusively by Grand Prize supplier that are sent along with Grand Prize; (d) if selected as a Winner, to the posting of such Entrant’s and Nominee’s name on Website and the use by Released Parties of such name(s), voice(s), image(s), and/or likeness(es) for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (e) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.

ADDITIONAL TERMS: Sponsor reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules.  Any attempt to deliberately damage the Contest 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 Contest. 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 reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, 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 reserve the right to select Winner from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above.  Notice of such cancellation, modification, or suspension will be posted at Website.  Sponsor may prohibit any Entrant or potential Entrant from participating in the Contest, 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, Sponsors, or Sponsors’ 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 CONTEST 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) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES:  AS A CONDITION OF ENTERING OR PARTICIPATING IN THE CONTEST, ENTRANT AND NOMINEE AGREE THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT OR NOMINEE BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT AND NOMINEE HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY GRAND 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 IT SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES. THIS CONTEST 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 AND NOMINEE CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS.

WINNER ANNOUNCEMENT: Official rules will be posted on https://www.studiomoviegrill.com/nominate-rules. For the names of the Winner, send a self-addressed, stamped envelope to be received by Dec 24, 2019, to: Studio Movie Grill, Contest: Nominate Your Neighbor, 12404 Park Central Dr, Suite 400N, Dallas, TX 75251

SPONSOR: Studio Movie Grill, 12404 Park Central Dr, Suite 400N, Dallas, TX 75251

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