PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Gotham Awards 2021 Sweepstakes (“Sweepstakes”) will begin on November 8, 2021 at 9:00 A.M. PT and end on November 21, 2021 at 11:59 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws. PRIZE (AS DEFINED BELOW) DOES NOT INCLUDE ACCOMMODATIONS, PARKING OR TRANSPORTATION.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing within one hundred (100) miles of New York City, NY, and who are twenty-one (21) years of age or older as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Focus Features LLC, 100 Universal City Plaza, Building 2160, Universal City, CA 91608 ("Sponsor") and each of its respective parent, subsidiary, and affiliate companies, and its administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. Winner (defined below) must be able to attend Event (defined below) on November 29, 2021 or Prize (defined below) will be forfeited.
TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, visit http://www.FocusInsider.com (the “Website”), click on the Sweepstakes link, and follow the provided instructions to complete and thereafter submit the entry form, which includes your full name and email address (the “Entry”). If you choose to submit your Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsor and will not be acknowledged.
Limit one (1) Entry per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before November 21, 2021 at 11:59 P.M. PT to be eligible for the Sweepstakes. Sponsor's computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the email address submitted at the time of Entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: On or about November 22, 2021, three (3) potential winners (collectively, "Winners", each a “Winner”) will be selected in a random drawing by representatives of Sponsor from all eligible Entries received during the Sweepstakes Period. Sponsor will make two (2) attempts to notify potential Winner at the email address submitted at the time of Entry. Sponsor may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize supplier, as applicable, if necessary. Potential Winner(s) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor's sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If any potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or Prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor's sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
PRIZE: There will be three (3) prizes awarded (collectively, "Prizes", each a “Prize”) to the Winners; one (1) Prize will be awarded to each Winner. Prize will consist of the following: one (1) ticket for Winner to attend the 31st Annual Gotham Awards scheduled to take place on November 29, 2021 located at Cipriani Wall Street, 55 Wall Street, New York, NY 10005 (“Event”). Prize is subject to certain terms and conditions as specified by issuer. Restrictions may apply. PRIZE DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION BEYOND THAT SPECIFIED ABOVE. This Event will be in accordance with all current New York City COVID-19 safety requirements, which are subject to change at any time. As of November 8, 2021, New York City requires proof of COVID-19 vaccination to enter this Event. Winner will be required to provide proof that they have received at least one (1) dose of a COVID-19 vaccine and must also provide photo identification to cross-check against their proof of vaccination. These requirements are subject to any applicable requirements of federal, state, or local laws requiring accommodations.
Estimated Retail Value (“ERV”) of each Prize is one thousand five hundred dollars ($1,500). Total ERV of all Prizes is four thousand five hundred dollars ($4,500). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with a fair market value (“FMV”) of six hundred dollars ($600) or greater, Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the FMV of Prize for the year in which Prize was made available to Winner.
All details of Prize will be determined in Sponsor's sole discretion. Sponsor reserves the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined in Sponsor's sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsor's sole discretion.
Winner must be able to attend Event on November 29, 2021, or Prize will be forfeited. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor's control and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. Winner must comply with all applicable venue rules and regulations in connection with Prize.
All parts of the Prize are subject to availability, and subject to change or cancellation without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfillment of all or a portion of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Sponsor in its sole and absolute discretion, reserves the right to evaluate, make modifications to, and restructure the redemption and fulfillment processes and timelines for the Prize, or portion thereof, that Sponsor are responsible for, which may include, but is not limited to, providing additional time for redemption and/or fulfillment. Sponsor may modify and/or restructure the Prize or portions thereof to comply with government orders or guidelines and Sponsor's health and safety requirements. In addition, Winner should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before traveling. Should the Prize, or a portion thereof, become unavailable Sponsor shall make reasonable efforts to provide Winner with substitute experiences and/or items of a similar nature and value for that portion of the Prize that is unavailable. If no substitute prizing is reasonably available then the remaining components, if any, of the Prize shall constitute full satisfaction of Sponsor's Prize obligation to Winner, and no other or additional compensation will be awarded.
Prize fulfillment and related activities will take place on a date and time designated by Sponsor and only when and in a manner that it is safe to do so, as determined in Sponsor's sole discretion in consultation with appropriate health and safety experts. Winner must follow all instructions given by representatives of Sponsor at all times.
In connection with any visit to any location in connection with the Prize, please be advised that Sponsor's policies, CDC guidelines, and the recommendations of health officials must be followed. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor cannot guarantee that any person will not be exposed during a visit.
If required, Winner must cooperate with Sponsor's inquiries related to public health matters and follow Sponsor's related rules and processes, including, but not limited to, disclosures or processes recommended or required by public health authorities to protect the health and safety of Winner and others. Winner may be subject to health screenings (which may include, but are not limited to, temperature checks, symptom screening, lab testing, and/or other medical exams) to be conducted by Sponsor or its designee(s) prior to or during the fulfillment of the Prize and related activities. Failure to fully comply with Sponsor's requests or requirements may result in forfeiture of the Prize or portions thereof, as determined in Sponsor's discretion.
During a period starting approximately four (4) weeks before participation in activities related to the Prize and ending approximately four (4) weeks after participation in the last of such activities (such period(s) subject to change based on medical guidance, and/or policy guidance), Winner may be required to inform Sponsor, upon Sponsor's request, about matters relating to communicable illnesses and safe fulfillment of the Prize and related activities, including, without limitation: (a) medical symptoms; (b) travel history; (c) recent contact with others who have displayed symptoms of or have otherwise been confirmed to have a communicable illness; and (d) active public health orders issued by a civil authority or any similar public health mandate (e.g., order to quarantine, order to stay at home, order to disclose communicable illness) to which Winner is subject.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and each of their respective officers, directors, agents, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or entrant’s acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor may prohibit any Entrant or potential entrant from participating in the Sweepstakes, if such Entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other Entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined in Sponsor's sole discretion). Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after November 29, 2021, either (a) visit FocusInsider.com, (b) send an email to [email protected] with “The Gotham Awards 2021” in the subject line, or (c) send a self-addressed, stamped envelope to: The Gotham Awards 2021, Focus Features LLC, 100 Universal City Plaza, Building 2160, Universal City, CA 91608, Attn: Marketing. The email and stamped envelope must be received by January 24, 2022.