Cinemark’s Holiday Gift Card Sweepstakes Official Rules

Cinemark’s Holiday Gift Card Sweepstakes
Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Cinemark’s Holiday Gift Card Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding Alaska and Hawaii) who are at least eighteen (18) years old at the time of entry.  Officers, directors, and employees (and members of their household or immediate family, i.e., parents, children, spouse, siblings, grandparents, the “steps” of each and persons residing in such immediate family members' household) of Cinemark USA, Inc., Merkle, Inc., and their respective parent, related, affiliated and subsidiary companies, their advertising, promotional, fulfillment and web design agencies of any of them, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors and assigns are not eligible to enter. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Alaska, Hawaii and where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
   
   
2. Sponsor: Cinemark USA, Inc., 3900 Dallas Parkway, Plano, TX 75093. 
   
   
   
3. Timing: The Sweepstakes begins on 11/1/21 at 12:00 a.m. Eastern Time ("ET") and ends on 11/15/21 at 11:59 p.m. ET (the "Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Sweepstakes.
   
   
4. How to Enter: During the Promotion Period, there are two (2) ways to enter the Sweepstakes.  
   
   a. Enter through the Cinemark Movie Rewards Program: Login to your Cinemark Movie Rewards account online at https://www.cinemark.com/movie-rewards or through the Cinemark Mobile App (the "App") using a web-enabled device.  The App and Cinemark Movie Rewards are free but subject to the terms and conditions described within the App. Use of the App requires a web-enabled device and therefore data rates may apply. Follow the links and instructions to access the Cinemark Movie Rewards Reward Center and elect to enter the the Cinemark’s Holiday Gift Card Sweepstakes redeeming fifteen (15) rewards points. Next, complete and submit the registration form including your name and valid email address, and you automatically will receive one (1) entry into the Sweepstakes. 
   
   b. Enter By Mail:  To enter without becoming a member of the Cinemark Movie Rewards program, using the App or redeeming Cinemark Movie Rewards loyalty points, hand print your name, address, day and evening phone numbers, email address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “the Cinemark’s Holiday Gift Card Sweepstakes” c/o Merkle, Inc., P.O. Box 5022, Department 850156, Kalamazoo, MI 49003-5022.  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 November 15, 2021 and received by November 22, 2021.  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: You may enter ten (10) times during the Promotion Period, regardless of the method of entry. Multiple entrants are not permitted to share the same email address or Cinemark Movie Rewards account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, accounts, identities, registrations and logins, 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. 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. Each potential winner may be required to show proof of being an authorized account holder. 
    
5. Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period on or around November 29, 2021.  The potential winner will be notified by email. The potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration") which must be received by Administrator, within seven (7) days of the date/time notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted, fails to provide the Declaration or any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits his/her prize.  Receiving a prize is contingent upon compliance with these Official Rules.  In the event that a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries.  Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. 
   
   
6. Prizes: ONE (1) GRAND PRIZE: One (1) $500 Cinemark gift card. Approximate Retail Value (“ARV”): $500.
   
   ONE (1) FIRST PRIZE:  One (1) $250 Cinemark gift card. ARV: $250. 
   
   ONE (1) SECOND PRIZE:  One (1) $100 Cinemark gift card. ARV: $100.
   
   Cinemark gift cards may be used to purchase goods and services online and at any box office, kiosk, concession register or restaurant at Cinemark theaters in the U.S.  Online purchases may incur an online fee.  Purchases, including any applicable online fee, will be deducted from the gift card until the balance reaches zero.  Not refundable or redeemable for cash, except as provided by law.  Protect this card like cash.  No expiration date or dormancy fees.  For more information regarding online fees or balance inquiries please visit Cinemark/com/giftcards or contact [email protected] or call 1-800-CINEMARK.  Cinemark gift cards remain the property of Cinemark at all times and may be retained in the event of improper use.  Visit Cinemark.com for a complete list of theaters and to register the gift card.  These terms are subject to change by Cinemark.  @2020 Cinemark USA Inc., Century Theaters, CineArts, Rave, Tinseltown, and XD are Cinemark brands.  “Cinemark” is a registered service mark of Cinemark USA, Inc.
   
   All prize details will be determined by Sponsor in its sole discretion.  Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Winners are 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. 
   
   Limit: One (1) prize per person.   Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
   
   
7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Merkle 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 Sweepstakes or receipt or use or misuse of any prize.
   
   
8. Publicity: Except where prohibited, participation in the Sweepstakes 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.
   
   
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, pandemics, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), 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 and may modify 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 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; (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 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, un-awarded, 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 Sponsor’s Privacy Policy https://www.cinemark.com/privacy-policy.
13. Winner List: For a winner list, please email [email protected]. The winner list will be available after winner confirmation is complete.

© 2021 Merkle Inc. All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with Apple, Inc., Google Inc., or their respective affiliates (collectively, the “Third Parties”).  You understand that you are providing your information to the Sponsor and not any of the Third Parties.  You hereby release, to the full extent permitted by law, the Third Parties from all liability related to the Sweepstakes.  Questions and comments regarding the Sweepstakes should be directed to the Sponsor and not to the Third Parties.