Girls’ Night Out Sweepstakes
Official Rules
No Purchase or Payment Necessary. A Purchase or Payment of Any Kind Will Not Improve Your Chance of Winning.
1. Eligibility
Girls’ Night Out Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years or older at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Officers, directors and employees of Lions Gate Films Inc. (“Lions Gate”), AOL Inc., Flipcide, Inc. and any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of such individuals are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Lions Gate is not responsible for the collection, submission or processing of entries, the administration of the Promotion or the selection of winners.
2. Sponsor and Administrator
Sponsor: AOL Inc. 770 Broadway, New York, New York 10003. Administrator: Flipcide, Inc., PO Box 4077, Clifton Park, NY 12065.
3. Timing
The Promotion begins on December 21, 2011 at 12 p.m. Eastern Time (“ET”) and ends on January 29, 2012 at 11:59 p.m. ET (the “Promotion Period”). Administrator is the official time keeper for this Promotion.
4. How to Enter
During the Promotion Period, go to www.girlsnightoutsweeps.com (the “Website”) and follow the instructions to fill out the online entry form completely by providing the requested information and submit the online form. After you register you can opt to receive a daily email that will automatically remind you about the Promotion. Contained in the reminder email will be a url, that once clicked will automatically give you one (1) additional entry into the Promotion. You may only register / click on the reminder link once per person per day during the Promotion Period. You may receive up to two (2) additional entries per person per day during the Promotion Period by following the instructions on the Website’s ‘Thank You’ page to “share” your entry through either your Facebook or Twitter account (one additional entry for sharing via Facebook and one additional entry for sharing via Twitter). Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.
5. Winner Selection
On or about February 5, 2012, Administrator or an independent judging agency will select one (1) entry for each prize described below in Section 8 in a random drawing of all valid entries received during the Promotion Period. Selected entrants will be contacted using the email address, phone number and/or mailing address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules.) Administrator’s decisions as to the administration and operation of the Promotion and the selection of potential winners is final and binding in all matters related to the Promotion. Winners will be notified approximately one day after the drawing. Failure to respond to the initial verification within ten (10) days of notification or return of notification as undeliverable will result in disqualification. Odds of winning a prize depend on the number of entries received during the Promotion Period. Limit of one prize per person.
6. POTENTIAL PROMOTION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential grand prize winner may be required to sign and return to administrator, within ten (10) days of the date notice is sent, an affidavit of eligibility and liability and where imposing such condition is legal, a publicity release (the “Prize Claim Documents”)in order to claim his/her prize if applicable. If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If a potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) of any prize cannot be contacted, fails to sign and return the Prize Claim Documents within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. Prizes
For all prizes: No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in er Promotion materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Gift Cards are subject to the terms and conditions imposed by issuer. The difference between any stated value and actual value will not be awarded to winner. If a prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value. No substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash portions of the prize may not be redeemed for cash value (unless at the sole discretion of Sponsor). Void wherever prohibited or restricted by law. Prize winner will be solely responsible for all applicable federal, state and local taxes on prize unless otherwise required by law. Grand prize winner will receive an IRS Form 1099 for the retail value of the prize. Any portion of a prize not accepted by winner will be forfeited. Winner’s first initial, last name, hometown and state will be disclosed on Winner’s List which will be distributed upon request and as required by law. The Promotion Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9. Entry Conditions and Release
By entering, each participant (and any minor entrant’s parent or legal guardian) agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or Administrator which are binding and final in all matters relating to this Promotion; (b) release and hold harmless Promotion Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion or any Promotion related activity, acceptance, receipt, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Promotion Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
10. Publicity
Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor and/or Administrator reserve the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor and/or Administrator in their sole discretion. Sponsor and/or Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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 and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Promotion Entities are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes
Entrant (and any minor entrant’s parent or legal guardian) agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State of California Court located in Santa Monica, California; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Entrant’s Personal Information
Except as noted in these rules, information collected from entrant is used only for the purpose of the prize drawing and to notify winners, and will not be re-used, sold or shared in any manner by Promotion Entities or any third parties unless entrant has elected to receive additional information and promotional material from Sponsor or a third party. In the event of any discrepancy between the privacy policy and these Official Rules, these Official Rules shall control and govern. By entering the Promotion, you agree to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at http://privacy.aol.com/.
15. Promotion Results
For Promotion results send a hand-printed, self-addressed, stamped envelope to Girls’ Night Out Sweepstakes – Winner’s List, 3751 Robertson Boulevard, Culver City, California 90232. Requests for the winner list must be received by within 60 days after the conclusion of the Promotion.
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