FATHOM EVENTS “LABYRINTH COSTUME” CONTEST - OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS REQUIRED.
1. Eligibility: Fathom Events “LABYRINTH COSTUME” Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old. Employees of Fathom Events and their respective parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: AC JV, LLC (d/b/a Fathom Events)
5990 Greenwood Plaza Blvd.
Bldg 2, Suite 100
Greenwood Village, CO 80111
3. How to Enter: During the Entry Period, entrants (“Entrant(s)”) can submit an entry to the Contest (“Entry”) by posting an original photo featuring the Entrant in a costume derived from the movie Labyrinth along with the hashtag #LabyrinthCelebration and the tag @FathomEvents on Instagram OR Twitter and that complies with all the photo contest rules and restrictions set forth in Sections 4 & 5.
Once submitted, an Entry cannot be deleted, canceled, or modified. You can submit multiple entries, but only one (1) posting will be counted as an Entry. Any attempt by any Entrant to obtain more than one (1) Entry by using multiple/different social media profiles, identities, registrations and logins, or any other methods will void all of Entrant's Entries and that Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. 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 Entrant. 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. Each winner may be required to show proof of being an authorized account holder.
4. Certain Entry and Content Terms:
i. Each Entry must be (a) an original photo of the submitting Entrant; (b) under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry; and (c) free of any and all liens, encumbrances and claims of third parties.
ii. Entrant assumes all risks associated with the creation and production of the Entry. Sponsor is not responsible for any injury, damages, expenses or death incurred in the production, creation or delivery of the Entries. Entrant must comply with all applicable laws and behave in a safe and responsible manner in the production and creation of the Entry.
iii. Entrant agrees and understands that Entries will be made available to the public, including without limitation, posting on the Internet and public displays. Whether or not Entries are published/displayed on the Internet or elsewhere, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries.
iv. Entrant acknowledges, agrees and warrants that, (a) Entrant’s Entry and all content thereof is the original work of Entrant (the “Entry IP”); (b) only images of Entrant appear in the Entry (applicable if any images of people appear in the Entry); (c) Entrant owns all right, title and interest in the Entry IP; (d) the Entry IP does not infringe upon any intellectual property rights or other rights of any third party or violate any applicable laws; (e) nothing in the Entry infringes or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of Sponsor and Administrator, and each of their respective owners, officers, directors, and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the representations or warranties made by Entrant. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original work.
v. By entering the Contest and/or submitting an Entry, Entrant hereby grants to Sponsor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Entry in any form, medium or technology now known or later developed, in whole or in part, for any purposes. You agree that neither Sponsor nor any third party has any obligation to provide any compensation to you for your Entry or the licenses granted herein. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry. Entrant agrees to release, defend, indemnify and hold harmless each of Sponsor and Administrator, and each of their respective owners, employees, directors, officers, agents, subcontractors, and licensees from any and all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of any third party intellectual property right, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
vi. Entrants are responsible for securing necessary permissions, location releases, and licenses for any visual material contained in the Entries.
vii. Promotion Period: The Promotion period is from 2:00pm (all times Eastern Time) on April 29, 2018 to 12:00am on April 29, 2018, 2:00pm (all times Eastern Time) on May 1, 2018 to 12:00am on May 1, 2018 and then again from 2:00pm (all times Eastern Time) on May 2, 2018 to 12:00am on May 2, 2018 (the “Promotion Period”). All entries must be received during the Promotion Period (except as otherwise expressly permitted for mail-in entries) and meet the other requirements in these Official Rules to be eligible to potentially win a prize.
5. Entry Content Restrictions: Entries must not contain material that:
i. Contains an image or likeness of any person other than the Entrant;
ii. References tobacco, smoking or smoking products or alcoholic beverages, or otherwise contains or depicts someone smoking or intoxicated;
iii. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
iv. Contains material that promotes or depicts bigotry, racism, hatred or harm against any group or individual or promotes or depicts discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
vi. Contains indecent, violent, or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
vii. References persons or organizations without their written permission;
vii. Disparages any persons or organizations;
ix. Includes threats to any person, place, business, or group; or
x. Is unlawful, in violation of or contrary to any applicable federal, state, or local law or regulation.
Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
6. Winner Selection: All Entries received during the Entry Period will randomized and a winner will be selected within five (5) business days of the Contest ending.
Sponsor will not be engaging an independent judging organization. Sponsor’s decisions as to the administration and operation of the Contest and the selection of the winners are final, binding and non-appealable. All winners will be notified by via their social media personas as soon thereafter as reasonably practicable.
Receiving a prize is contingent upon compliance with these Official Rules. In the event that a winner is disqualified for any reason, the forfeited prize will remain unawarded or Sponsor may award the prize to an alternate winner. Sponsor will contact winners immediately after winners are officially confirmed to make arrangements for prize fulfillment.
i. Two (2) Grand Prizes consisting of: One (1) Labyrinth: The Novelization book; one (1) Glittery Jareth Funko Pop (a ThinkGeek exclusive); one (1) Worm enamel pin; one (1) Labyrinth coloring book, and three (3) Labyrinth comics books: Labyrinth 2017 Special, Labyrinth Cornation No. 1, Labyrinth Coronation No. 2l. Approximate Retail Value ("ARV") of Grand Prize: $69.00.
Additional Prizes: Five (5) winners will be selected to win: One (1) Labyrinth coloring book; one (1) Worm enamel pin; three (3) Labyrinth comic books: Labyrinth 2017 Special, Labyrinth Coronation No.1, Labyrinth Coronation No.2. Approximate Retail Value ("ARV") of Additional Prizes: $39.00.
ii. Prizes are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value in its sole discretion. Prizes are not transferable (including to relatives or friends) or redeemable for cash. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied or express warranty of merchantability or fitness for a particular purpose) and acceptance of prizes shall constitute agreement by the winner to look solely to the manufacturer or other purveyor of the prize and the warranty provided by it, if any, should any defects in the prize exist or arise. Any difference between stated approximate retail value and actual value of Prize will not be awarded. Prize winner may be required to provide appropriate tax documentation sufficient to receive an IRS 1099 form at the end of the calendar year and may be required to sign for receipt and acceptance of the prize. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. PRIZE WINNINGS WILL BE REPORTED TO IRS WHEN APPROPRIATE.
8. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, Paramount Pictures Corporation, Facebook Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Entrants and winners further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. Publicity: Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor’s and its agents the perpetual, irrevocable and royalty free right to use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for any marketing and/or promotional purposes whatsoever in any media now or hereafter known, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, as determined by Sponsor in its sole discretion. Sponsor 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 Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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.
11. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Contest 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 Contest, if it is possible. No more than the stated number of prizes will be awarded.
12. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Arapahoe County, Colorado; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules.
14. Disclaimer. Sponsor, Paramount Pictures Corporation, Facebook Inc, and all participating sponsors and any of their respective parent companies, subsidiaries, affiliates (including Regal Entertainment Group, Cinemark USA, Inc., AMC Entertainment Inc., or any other affiliated theatres), directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, incomplete, illegible, garbled, distorted, delayed, destroyed, stolen, or damaged transmissions or entries or other errors of any kind; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.