Disney Cruise Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Each text message, sent or received, may incur a charge as provided in your rate plan. Message and data rates may apply. If you enter via text message, you will receive up to two (2) text message in response to your entry. Text-messaging may not be available through all wireless carriers.
1. Eligibility: Disney Cruise Sweepstakes (the "Sweepstakes") is open only to legal residents of Utah who are at least twenty-one (21) years old at the time of entry. Employees of Cinemark USA, Inc., and ePrize, Inc., and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes 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 and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Cinemark USA, Inc., 3900 Dallas Parkway, Suite 500, Plano, TX 75093. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins on November 14, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on December 31, 2012 at 11:59 p.m. ET (the "Promotion Period"). Administrator's computer is the official time keeping device for this Sweepstakes.
4. How to Enter:
a. Text Message: During the Promotion Period, visit a participating Cinemark movie theatre and using a two-way text-messaging capable device, text the keyword associated with the theatre you visit (DOWNTOWN, SUGARHOUSE, VALLEY, HEIGHTS, JORDAN, SANDY, BOUNTIFUL, DRAPER, FARMINGTON, PARK, AMERICAN, LAYTON, OREM, OGDEN, PROVO, or MALL) to 35350. Text STOP to 35350 to opt-out. Text HELP to 35350 for information. Upon receipt of your text message, you will receive one (1) entry into the Sweepstakes. Entrants who enter the Sweepstakes by text-messaging will be charged according to their carriers' standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
b. Mail-in Alternate Method: During the Promotion Period, to enter without using a two-way text-messaging capable device, visit a participating Cinemark theatre and obtain a Sweepstakes entry form. Complete the form and mail it in an envelope with proper postage to "Disney Cruise Sweepstakes," c/o ePrize, Inc., Dept: 592105, P.O. Box 5058, Kalamazoo, MI 49003-5058. Upon receipt of your mail-in, you will receive one (1) entry into the Sweepstakes. Limit: One (1) entry per envelope. All mail-in entries must be handwritten and must be postmarked by December 31, 2012 and received by January 5, 2013. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: Each entrant may enter one (1) time during the Promotion Period, regardless of method of entry. Multiple entrants are not permitted to share the same mail-in or text-messaging capable device. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, text-messaging capable devices, identities, or any other methods will void that entrant's entries and that entrant 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 entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address or the text-messaging capable device used to register will be deemed to be the entrant. The "authorized account holder" of an email address, 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. Otherwise, the "authorized account holder" of a text-messaging capable device is the natural person in whose name the device has been issued and the services are billed. Potential winners may be required to show proof of being the authorized account holder.
5. Winner Determination and Verification: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. Receiving a prize is contingent upon compliance with these Official Rules. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period on or around January 11, 2013. The potential winners will be notified by email, text message, or phone after the date of random drawing. Any potential winner who entered via text-messaging will be notified by phone and/or text message at the number of the device used to enter the Sweepstakes and follow the prize claim instructions within the required time. Except where prohibited, each potential winner will be required to complete, sign, and return a Declaration of Compliance ("Declaration") within seven (7) days of the date of notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to follow the prize claim instructions are directed, or fails to submit the Declaration within the required time period, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining online entries. There will be three (3) alternate drawings after which the applicable prize will remain unawarded.
6. Prize: FIVE (5) GRAND PRIZES: A 4-night Bahamian Disney Cruise for the winner and three (3) guests. Cruise package includes round trip, coach-class air transportation for two (2) from the major U.S. gateway airport closest to the winner’s residence and Orlando International Airport (if the winner resides outside a 200 mile radius of Orlando, FL); one (1) stateroom (maximum occupancy 4 people); all meals onboard the ship (except Palo and Remy restaurants); onboard gratuities for stateroom host/hostess, dining room server, assistant server and head server; & Government Taxes and Fees (as defined on the Disney Cruise Line website). If winner resides inside the two hundred (200) mile radius, round-trip ground transportation between Orlando International Airport and Port Canaveral, FL will be provided. Winner must complete the trip by September 30, 2013 or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Trip subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companions must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companions are solely responsible for obtaining valid passports and any other documents necessary for travel. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value: $5,933. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize or component thereof for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies 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 Promotion or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each 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.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole 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. 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 Sweepstakes 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 Sweepstakes 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.
10. 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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 Sweepstakes 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 Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the 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.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.cinemark.com/privacy-policy.aspx) and Administrator’s privacy policy (http://www.eprize.com/privacy-policy).
13. Winner List: For a winner list, visit http://bit.ly/SU2ayW. The winner list will be posted after winner confirmation is complete.
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