NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.
- Open to legal residents of the 48 contiguous United States (excluding New York and Florida) and the District of Columbia who are at least the age of majority in the jurisdiction in which they reside on the date of entry into this sweepstakes (the “Entrant”). Employees, officers and directors of Our House Films, LLC (“Sponsor”) and its parent and affiliate companies, agents, franchisees, licensees, successors and assigns, distributors, vendors, advertising, marketing, and promotions agencies, prize providers and suppliers and any other individual or company involved in the development or execution of this Sweepstakes as well as their immediate family members (spouses, siblings, children and parents, regardless of where they live, or whether related by blood or law) or members of the same households (whether related by blood, law or not) of such employee, officer or director are not eligible to participate in this Sweepstakes or be awarded a Prize (as defined below). All federal, state and local laws, rules and regulations of the United States apply. This Sweepstakes is void in Florida, New York, Puerto Rico, any US territory and/or possession located outside of the 48 contiguous United States, and wherever else prohibited by law.
- SWEEPSTAKES PERIOD: The Kickboxer Retaliation SWEEPSTAKES (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time ("ET") on July 1, 2018 and ends 11:59 p.m. PST on September 1, 2018 (the "Sweepstakes Period").
- METHODS OF ENTRY: There are two (2) ways to enter the Sweepstakes: 1) Automatic Entry: Any purchaser of “Kickboxer Retaliation, Vengeance or Boxset” during the Sweepstakes Period from the website www.kickboxerretaliation.com. Certain restrictions may apply. Automatic entries must be made by 11:59:59 PM PT on September 1, 2018 (as determined by Sponsor’s system). 2) To enter without making a purchase: Access the Sweepstakes’ official entry page during the Sweepstakes Period at www.kickboxerretaliation.com/sweepstakes. You may enter the Sweepstakes one time at such website location (“Entry Site”). When prompted at the Entry Site, provide the information requested on the official entry form in its entirety including your first name, last name, complete legal address, city, state, postal code, telephone number (including area code), email address, and date of birth (the “Entrant Information”) in order to receive one (1) entry for the Sweepstakes. You must agree to the Official Rules and complete the entire official entry page in order to be eligible to win and only one manual entry per Entrant on the Entry Site will be accepted. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions or automated entries will be accepted. In the event of multiple entries, the first entry by an Entrant at the Entry Site will be accepted and all other entries from that Entrant will be deemed void. Any attempt by an Entrant to obtain more than one (1) entry on the Entry Site by using multiple/different email/postal addresses, telephone numbers, identities, accounts and/or any other method employed to circumvent the letter and spirit of these Official Rules, may result in disqualification of that Entrant from participation in this Sweepstakes. The Sponsor will not verify receipt of your entry into the Sweepstakes. All entries submitted become the sole property of Sponsor and will not be returned.
- WINNING/ODDS: The odds of winning are contingent upon the number of qualified entries received by Sponsor during the Sweepstakes Period. On or about September 15, 2018, a random drawing will be conducted by Sponsor from amongst all eligible entries received during the Sweepstakes Period to choose one (2) Potential Prize winner (“Potential Winner(s)”).
- PRIZES (“Prize(s)”):
Two (2) Individual Prize packages for a Potential Winner and his/her guest.
Each Prize Includes:
- Round trip coach class airfare tickets for each Potential Winner and his/her guest from a major gateway airport nearest the Potential Winner’s home city (as determined in Sponsor’s sole discretion) to a Las Vegas area airport.
- Three (3) nights hotel accommodations in one (1) first-class (as determined by Sponsor) double occupancy room
- Two (2) tickets to one (1) Ultimate Fighting Championship (“UFC”) event (event selection subject to Sponsor’s sole discretion)
The Approximate Retail Value of the Prizes is $5,001.00. All amounts are in U.S. Dollars. Actual retail value will depend on each Winner’s place of residence and airfare and lodging cost fluctuations. Winner will not receive difference between approximate and actual retail value. NO PRIZE SUBSTITUTION WHATSOEVER BY POTENTIAL WINNER. Sponsor reserves the right to substitute any portion of the Prize with a prize of equal or greater value. The value of a Prize is taxable in the United States as ordinary income to the Winner who is solely responsible for the payment of all taxes levied, including, but not limited to federal, state and local income and/or gift taxes. All unspecified meals, gratuities, travel upgrades and any other unspecified costs and expenses associated with the acceptance or use of the Prize are the sole responsibility of Winner. Unclaimed prizes will not be awarded.
Prize travel must take place between October 1, 2018 and April 1, 2018 (the “Travel Dates”). Prize Travel Dates offered to Potential Winner are subject to Sponsor’s sole discretion. If Potential Winner is not available to travel during the Travel Dates as specified by Sponsor, Prize will be forfeited and may be awarded to an alternate. Winner’s travel companion must be of the age of majority. Winner and travel companion must travel on the same itinerary and travel companion must sign a travel/liability release in a form furnished by Sponsor prior to ticketing. Sponsor is not liable for delays, cancellation or unforeseen events related to the flights. Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the Prize package. Sponsor will not replace any lost, mutilated or stolen tickets, travel vouchers or certificates.
- WINNER SELECTION/NOTIFICATION: Potential Winner will be notified by telephone or email on or about September 21, 2018 before 7:00 p.m. PST (“Notification”). Potential Winner must respond to the Notification within forty-eight (48) hours from when it is placed or sent (Sponsor will retain time stamp of telephone and email transmissions). If the Potential Winner does not respond in accordance with these Official Rules, or if he/she is otherwise ineligible as determined by the Sponsor in its sole discretion, an alternate Potential Winner may be selected from among the remaining eligible entries received during the Sweepstakes Period, and he/she will be notified as outlined above. As required by law, rule or ordinance, the notification process will be undertaken by Sponsor until a Potential Winner is determined. The Potential Winner will be required to complete and return the Required Documents as set forth below.
- PRIZE CLAIMS: Except where prohibited by law, a Potential Winner must submit proof of identity, and execute and return to Sponsor a notarized affidavit of eligibility/liability/publicity release (the “Release”) and IRS Form W9, submitted with a copy of government issued identification with photograph [e.g. a valid driver’s license or passport]) (collectively, the “Required Documents”). You will deliver the Required Documents to Sponsor in two (2) ways: (I) by mailing the original Required Documents to Sponsor at the address set forth below; and (ii) via Facsimile or email (a facsimile number or email address will be provided by Sponsor).The Required Documents are to be postmarked, in the case of postal mail, or time stamped, in the case of email or facsimile no later than five (5) business days after Notification by Sponsor. In Sponsor’s sole discretion, a Potential Winner will forfeit the right to claim a Prize and an alternate Potential Winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that Prize if the selected Potential Winner (i) fails to verify eligibility for the Prize in the time required by these rules, (ii) fails to return Required Documents within five (5) business days after Sponsor sends the blank Release and W9 to the Potential Winner, (iii) either fails to accept the Prize or declines the Prize (or advises that he/she cannot accept, receive or use a Prize pursuant to the conditions prescribed herein), or (iv) fails to comply with the Official Rules. By entering this Sweepstakes, Winner consents to Sponsor’s use of his/her name, image, likeness, picture, portrait, address (city and state), biographical information, voice and or any statements made by such Winner regarding the Sweepstakes or Sponsor (regardless of method of production) for advertising and promotional purposes worldwide, in perpetuity, in any and all media now known or hereafter developed, without notice or additional compensation, except where prohibited by law. No more than the number of prizes set forth in these Official Rules will be awarded.
- GENERAL: All federal, state and local taxes levied on account of a Winner are the sole responsibility of such Winner. Sponsor will deliver to the Winner IRS Form 1099 reflecting the actual cash value of the Prize awarded within the time prescribed by law. In the event it is deemed during the verification process that a Potential Winner does not have a unique, personal and valid social security number, or has otherwise failed to fulfill any conditions or requirements under these Official Rules, such Potential Winner will be disqualified and will forfeit the Prize, and an alternate may be selected randomly. By participating in this Sweepstakes, Entrants agree: [a] to abide by, and be bound by, these Official Rules; [b] to release, discharge and hold harmless Sponsor and its officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, Sweepstakes, and fulfillment agencies, including the consultants and legal advisors (collectively, the “Released Parties”) from and against any and all liability, losses, damages, rights, claims and actions of any kind including liability for personal injury or death resulting from the participation in this Sweepstakes or Winner’s acceptance, use or misuse of a prize awarded pursuant to these Official Rules; Winner assumes the risk associated with the participation in this Sweepstakes and the use of the Prize awarded; and [c] that the decisions of Sponsor relating to this Sweepstakes and the Prizes shall be final and binding in all respects, including without limitation the interpretation of these Official Rules.
Released Parties shall not be liable for [i] electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction of this Sweepstakes; [ii] unauthorized access to or alterations of entry materials; [iii] technical, network, telephone equipment, electronic, computer, hardware or software malfunctions; and [iv] limitations of any kind or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.
Released Parties are not responsible for lost, late, incomplete, incorrect, damaged, misdirected, or illegible entries or any condition caused by events beyond the control of the Released Parties that may cause the Sweepstakes to be disrupted, corrupted, postponed or cancelled. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that the Entrant is attempting to undermine the legitimate operation of the Sweepstakes, including but not limited to, by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrant or Sponsor. Entries that contain false information, are incomplete, inaccurate, forged, defective, or made outside authorized ways, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If, for any reason whatsoever, this Sweepstakes, in Sponsor’s sole opinion, is not capable of being executed in accordance with these Official Rules, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and limit entries to those submitted prior to the action taken by Sponsor, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event of a dispute about the identity of an Entrant, the online entry will be assigned to the authorized account holder of the e-mail address submitted at the time of entry.
“Authorized account holder” is defined as the natural person to whom an email address is assigned by either an Internet Service Provider, online service provider, or other organization (e.g. Facebook, business or educational institution) that is responsible for assigning email addresses for the domain name associated with the submitted email address. Federal, state and local laws, rules and regulations may apply. Void where prohibited or restricted by law.
- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY 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 ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- CHOICE OF LAW & DISPUTE RESOLUTION: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants’, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws. Certain portions of this section are deemed to be a “written agreement to arbitrate” under the Federal Arbitration Act. You and Sponsor agree that this section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arises out of or relates to the Sweepstakes (a “Dispute”), then you and Sponsor agree to send a written notice to the other party providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provided under your account. If no such information exists or if such information is not current, then you and Sponsor have no obligation under this section. Your notice to us must be sent via fax, email, or registered mail to:
- Name: Our House Films, LLC
Attn: Annika Vanghagen
- Mailing address: 44 Cook Street, Suite 100
Denver, CO 80206
- E-mail address: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, Sponsor and you will attempt to resolve the Dispute, though nothing will require either you or Sponsor to resolve the Dispute on terms that you and Sponsor, in each of our sole discretion, are not comfortable. If you and Sponsor cannot resolve a Dispute within sixty (60) days of receipt of the notice, then either you or Sponsor may submit the Dispute to formal arbitration in take place in Los Angeles County, California, and in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of less than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience, as a practicing member of the bar, in the substantive area of commercial law. If the Dispute has a claimed value of more than $250,000, or if Sponsor elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member selected by each party and the third (who will chair the panel) selected by the two party-appointed members or by the AAA in accordance with the AAA Commercial Arbitration Rules. The arbitrator or arbitration panel, as applicable, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.
- SPONSOR AND PRIZE PROVIDER: Our House Films, 44 Cook Street, Suite 100, Denver, CO 80206.
- WINNERS’ LIST REQUEST: To receive a list of prize winners, send a self-addressed, stamped (business size) envelope to: Our House Films, Kickboxer Retaliation SWEEPSTAKES Winners List, 44 Cook Street, Suite 100, Denver, CO 80206 to be received by Sponsor on or before 5:00 p.m. PST on October 31, 2018.
- RULES: You may also obtain a copy of these Official Rules by mailing a self-addressed stamped envelope (except for residents of Vermont) to Our House Films, ATTN: Our House Films, Kickboxer Retaliation SWEEPSTAKES Official Rules, 44 Cook Street, Suite 100, Denver, CO 80206.
- INTELLECTUAL PROPERTY: Our House Films and Kickboxer Retaliation (and any other trademarks) are registered trademarks or service marks of SPONSOR or its subsidiaries. All other trademarks or service marks used herein are the property of their respective owners.
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