Atom’s Cinemark Launch Sweepstakes
Official Rules, Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU FULLY AND UNCONDITIONALLY AGREE TO ACCEPT THESE "OFFICIAL RULES," INCLUDING BUT NOT LIMITED TO YOUR AGREEMENT TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED BELOW. THIS PROMOTION SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.
Atom’s Cinemark Social Sweepstakes (the "Sweepstakes") is sponsored by Atom Tickets, LLC ("Sponsor"). The Sweepstakes begins on July 8, 2019 at 12:01 am Pacific Time (PT) (or at the time of social media posting of the Sweepstakes entry requirements, if later) and ends on July 22, 2019 at 11:59 pm PT (the "Sweepstakes Period"). At all times, Sponsor’s computer will be the Sweepstakes' official clock. Sponsor, and their respective officers, directors, parent corporations, subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers, vendors, contractors, advertising and promotion agencies, promotion partners and agents are collectively referred to herein as the "Sweepstakes Entities."
1. ELIGIBILITY: Open only to legal residents of the United States including the District of Columbia (void in Puerto Rico, all other U.S. territories and possessions, all overseas military installations, and Canada) who are at least 18 years of age or older (or the age of majority in their state of residence, whichever is older) and have a valid e-mail address as of the day of their entry into the Sweepstakes, with access to the Internet at all times during the Sweepstakes Period. Employees, officers, directors, agents, representatives, and the immediate family members of Sweepstakes Entities are not eligible to enter. This Sweepstakes is void where prohibited by law. All federal, state and local laws and regulations apply.
2. TIMING: There will be one eligible entry period, running for the full duration of the Sweepstakes Period (the "Entry Period"). Sponsor’s computer is the official time-keeping device for the Sweepstakes and the Entry Period timing.
3. HOW TO ENTER:
(a) Social Media Entry. NO PURCHASE NECESSARY. You can enter this Sweepstakes via the Internet. Entry into this Sweepstakes requires a Facebook, Twitter, or Instagram account. To become a registered member of Facebook, Instagram, or Twitter, go to www.facebook.com, www.instagram.com, or www.twitter.com and follow the instructions to become a registered member and create an account (registration is free). Ensure that your account is public so that your Entry action can be seen and verified. Follow both the @AtomTickets and @Cinemark accounts (and remain a follower throughout the Sweepstakes Period). Follow the instructions from the @AtomTickets account regarding the Sweepstakes (following such actions being an “Entry” and making you an “Entrant”). Be sure to use the hashtag referenced in the instructions from the @AtomTickets account, or the hashtag "#atomsweepstakes" if no other hashtag was provided, in your entry. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES. Entries that are late (including delayed data transmissions), forged, illegible, mutilated, incomplete, misdirected, or otherwise not in compliance with these Official Rules will be disqualified. Multiple entries are allowed only as described below up to one time per social media platform. Entries that exceed this allowance will be determined to be void.
(b) Limit on Number of Entries. There is a limit of one entry per Atom account holder, per eligible social media platform during the Entry Period, regardless of the number of additional actions you take in an Entry Period. Thus, you may enter three times, once via Facebook, once via Twitter and once via Instagram, but you cannot enter three times by retweeting on Twitter three times. You may not create additional accounts, or direct others to create such accounts, in order to circumvent these limits.
(c) Social Media Rules. Sweepstakes Entities are not responsible for any changes or unavailability of Facebook, Instagram, or Twitter (the “Social Media Services”) that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use such Social Media Services for the Sweepstakes as set forth herein that are no acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communication with Sponsor via Social Media Services. It is each entrant’s responsibility to set their account settings properly – due to the way the Social Media Services operate their services, Sponsor may not be able to view or record purported Entries, receive or send communications, or otherwise detect participation from or interact with potential Entrants who have account settings on the Social Media Services that make their updates, comments, posts or communications private, protected, or otherwise limited, in which case any such purported Entrant will be disqualified and ineligible to receive a Prize (as defined below). Normal Internet access and phone/usage charges imposed by your online/phone service may apply. Each Entry must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive submission of purported Entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified. Standard data rates apply.
All social media Entries must include the required hashtags and be made by the authorized account holder (i.e., the natural person who is assigned to the social media account address used in submitting the entry) at the time of entry. Social media Entries that are incorrect or incomplete or received outside the applicably entry period are void. The following social media Entries, and the related Participant, will be disqualified and deemed void as determined by Sponsor in its sole discretion: (i) Entries that do not contain all of the required hashtags or that contain information that is deemed to be lewd or profane; (ii) Entries that contain material that violates or infringes on another’s rights, including privacy, publicity, or intellectual property; (iii) Entries that contain material that is hateful or defamatory; (iv) Entries that contain material that promotes discrimination, bigotry, racism, or harm against a group or individual; (v) Entries that contain material that is unlawful or in violation of or contrary to the laws or regulations in any state containing such prohibited content; (vi) Entries that are otherwise deemed by Sponsor, in its sole discretion, to be inappropriate; and (vii) Entries that are deemed by Sponsor, in its sole discretion, to be submitted from multiple accounts created by or at the direction of a single Participant. Sponsor makes the final determination as to what social media Entries are eligible to take part in the Sweepstakes. By participating, Entrants agree that all social media Entries become the property of Sponsor and will not be acknowledged or returned. By sending a social media Entry, each Entrant warrants that it is created by the Entrant and grants Sponsor the perpetual, unlimited and irrevocable right to post, publish, adapt, edit, make derivative works, and/or otherwise use the social media Entry in any manner, for any purpose and in any media now known or hereinafter developed.
4. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"): A total of one prize detailed below (“Prize(s)”) is available.
- Credit for a year of movies at Cinemark (“First Prize”). A total of one First Prize is available for the Entry Period. The First Prize has an ARV of $360.00 USD. See further terms below.
Total Approximate Retail Value of all Prizes for the Promotion: $360.00 USD.
Prize Winners (as defined below) must have Internet access and SMS enabled mobile device with capability to display a QR code.
No cash or prize substitution is allowed except at the sole discretion of the Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater value will be awarded. Prize is not transferable.
PRIZES ARE AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SWEEPSTAKES ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER OR A WINNER’S GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
5. SELECTION OF WINNERS: Entrants will be deemed potential Winners subject to verification of eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. Potential winners will be selected by random drawing from all eligible entries submitted during the Entry Period, by Sponsor, whose decisions are final in all respects. Odds of winning depend on the number of eligible entries received.
Potential winners will be notified by Sponsor through the social media account that their qualified winning Entry was selected from on or about the day after the end of the Entry Period. A potential winner is not a winner of any Prize unless and until entrant’s eligibility has been verified by Sponsor. One a potential winner has been determined to be a valid and eligible winner, that winner shall be a Prize Winner.
If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or cannot be reached after a reasonable effort has been exerted, the Prize may be awarded to a randomly selected alternate winner, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded.
Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of an entrant’s privacy or spam filter settings which may divert any Sweepstakes e-mail to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.
6. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering (including the potential Winners) grants to the Sweepstakes Entities all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, likeness, address (city and state) and biographical material (collectively, "Licensed Rights") in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval, unless prohibited by law.
7. CONDITIONS AND GENERAL RULES: By entering, participants agree to be bound by these complete Official Rules and by the decisions of Sponsor, which are final and binding in all respects. By entering or participating in this Sweepstakes entrants waive the right to claim any ambiguity or error in the Official Rules or in the Sweepstakes itself. All federal, state and local laws and regulations apply. All applicable federal, state and local taxes are the responsibility of the prize winner(s). Sweepstakes Entities are not responsible for: (i) late, lost, delayed, damaged, misdirected, incomplete, stolen, postage due or illegible entries; (ii) any injuries, losses, or damages of any kind caused by the prize or resulting from acceptance, possession, or usage of the prize; (iii) printing, distribution or production errors; (iv) any incorrect or inaccurate information or technical failures of any kind; (v) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (vi) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Return of prize or prize notification as undeliverable will result in disqualification and an alternate winner may be selected. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law.
Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a prize winner from all eligible, non-suspect entries received prior to such action.
Sponsor also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or terms of service of the Sweepstakes platforms, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with computer or mobile Sweepstakes information. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Sweepstakes.
Void where prohibited.
8. DISCLAIMERS: Sponsor and Sweepstakes Entities are not liable for losses or injuries of any kind resulting from acceptance/possession and/or use/misuse of prize(s), participation in Sweepstakes, or any technical malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, illegible, or otherwise not in compliance with these Official Rules. Sponsor is not responsible or liable for any injury or damage to an entrant’s or third person’s computer and/or other electronic devices and/or their contents, related to or resulting from Sweepstakes.
9. COPY OF OFFICIAL RULES: For a copy of the Official Rules, send a self-addressed, stamped envelope to: Atom’s Cinemark Launch Sweepstakes c/o Atom Tickets, 2700 Colorado Avenue, Santa Monica, CA 90404.
10. NO INTERRUPTION: Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
11.PARTICIPANT OBLIGATIONS: By entering, each entrant agrees that THE SWEEPSTAKES ENTITIES, TWITTER, FACEBOOK, INSTAGRAM, CINEMARK USA, INC. AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY GRAND PRIZE. By participating in the Sweepstakes each entrant (including Winners) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with: (i) the Sweepstakes; (ii) receipt or redemption of the Prize; or (iii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the Prize.
12. FORCE MAJEURE: Released Parties shall not be liable to a Winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Released Parties shall not be liable for any loss or damage to baggage.
13. BINDING ARBITRATION OF DISPUTES: Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with Atom and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER, except where prohibited by law. Pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or relating to the Sweepstakes, the Prize, or other aspect of your interaction with the Sponsor or the website or service where this Sweepstakes appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction with Atom (collectively, "Atom Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By entering the Sweepstakes or engaging in any other Atom Transactions or Relationships, you agree to binding arbitration as provided below.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Atom should be sent to: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, Attention: Legal. After the Notice is received, You and Atom may attempt to resolve the claim or dispute informally. If You and Atom do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the arbitrability of the dispute and the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and/or these Official Rules. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of Your residence, unless You reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and Atom, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules (or applicable Arbitration Provider rules), these Official Rules and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Atom.
(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between You and Atom in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ATOM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(j) Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Atom.
(k) Small Claims Court. Notwithstanding the foregoing, either You or Atom may bring an individual action in small claims court.
(l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.
14. NO INJUNCTIVE RELIEF: EACH ENTRANT IN THIS SWEEPSTAKES UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES OR ANY PROJECT OF THE SWEEPSTAKES ENTITIES.
15. SPONSOR: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404.
This promotion is not sponsored by, endorsed by, administered by or associated with Facebook, Instagram or Twitter.
Cinemark USA, Inc., and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.