NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The #FollowThePhoenix Sweepstakes (“Sweepstakes”) will begin on March 4, 2019 at 8:00 A.M. PT and end on March 11, 2019 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.
Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are thirteen (13) 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, California 91608 (“Sponsor”), and its parent, subsidiary, and affiliate companies, and their respective administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
All Entries become the property of Sponsor and will not be acknowledged or returned.
By entering the Sweepstakes, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable license to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Entry and to incorporate the Entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such license to Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Entry contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Entry does not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Entry may be rejected as ineligible for consideration and/or deleted from the @captive_state Twitter page, if applicable. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Entry. If the use of the Entry incurs excessive fees, including but not limited to Guild payments, Sponsor reserves the right to disqualify such Entry.
Entries must be received before March 11, 2019 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. You may enter once 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 that are incomplete, garbled, corrupted, 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 Twitter account will be deemed to be the entrant. “Authorized account holder” of a Twitter account is defined as the person assigned to the Twitter account by Twitter. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Twitter username, 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 March 12, 2019, one hundred (100) potential winners (each a “Winner” and collectively the “Winners”) 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 via direct message to the Twitter account used to enter the Sweepstakes. Sponsor may share each potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Each potential Winner (or, if potential Winner(s) is a minor in his or her state of residence, his/her parent or legal guardian) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) 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 a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if a 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. Limit one (1) prize per family or household.
There will be one hundred (100) prizes awarded (each a “Prize” and collectively the “Prizes”) in the Sweepstakes. Each Prize will consist of the following: one (1) “Captive State” red hooded sweatshirt. Prizes will be awarded “as is” with no warranties or guarantees, either express or implied by Sponsor.
Estimated Retail Value (“ERV”) of each Prize is Twenty-Three U.S. Dollars (USD $23). ERV of all Prizes is Two Thousand Three Hundred U.S. Dollars (USD $2,300). Actual Retail Value (“ARV”) of the Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV over Five Hundred and Ninety Nine U.S. Dollars (USD $599), Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
All details of Prize will be determined by Sponsor in its 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 by Sponsor in its 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.
If Prize is won by minor, Prize will be awarded in the name of such minor’s parent or legal guardian.
By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Twitter, Sweepstakes Entities and each of their respective officers, directors, 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 his/her 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 Sponsor’s websites and social media accounts/pages and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes 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.
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 Winners 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 located at www.captivestatesweeps.com. 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 by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
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. 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.
For the names of the Winners, available after March 26, 2019, send a self-addressed, stamped envelope to be received by May 26, 2019 to: Focus Features LLC, 100 Universal City Plaza, Building 2160, Universal City, California 91608, Attn: Aprille Hwang.
This Sweepstakes is in no way sponsored, endorsed or administered, or associated with Twitter. Entrants are providing information to Sponsor and not to Twitter.