These Terms and Conditions apply to the Contest conducted by Fandor, which is located at 522 Washington Street, San Francisco, CA 94111 (“Fandor” or “Sponsor”) and promoted on Sponsor’s Blog (“The Fandorian”)(http://blog.fandor.com) and social media channels listed below. The Contest will start at 12:00 AM Pacific Standard Time (“PST”) on August 25, 2014 and will end at 11:59 PM PST on August 31, 2014 (“Contest Period”). By participating in this Contest, you agree to the Terms and Conditions stated herein. ELIGIBILITY: Contest is open only to legal residents of the United States (including the District of Columbia) (“US”) and Canada (“CAN”). Void in US territories, Québec, outside the US and CAN, and where prohibited or restricted by law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements not satisfied. To be eligible, entrant must be at least eighteen (18) years of age as of the date of entry submission (nineteen (19) or older if a resident of AL or NE; twenty-one (21) or older if a resident of MS, or such minimum age as any other state or province law may require). Employees, officers and directors of Sponsor, as well as its affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling & spouse) and persons living in the same households of such individuals (whether related or not) are not eligible to enter the Contest. All federal, state and local rules and regulations apply. Winning a prize is contingent upon fulfilling all requirements set forth herein.
TO APPLY: The Contest is directly available on Sponsor’s Blog (https://blog.fandor.com/). It is also made available on Sponsor’s Twitter feeds (http://www.twitter.com/Fandor), Facebook Page (https://www.facebook.com/fandor), and Google+ Page (https://plus.google.com/u/1/107989530253588170056/posts). For the latter channels, click on the link provided in the Contest promotional messages. You will be directed to Sponsor’s Blog post. Selected Entries may be showcased on Sponsor’s Facebook page, Pinterest account (http://www.pinterest.com/fandorfilms), Twitter feed, Blog, and Website (http://www.fandor.com).
Step 1: Create a List
Log into your active Fandor account. In the navigation bar, hover over “My Fandor”. Click on “My Lists”. Click orange button for “Create New List”. Type list name and description. Keep box checked for “Public (visible to everyone).” Add a minimum of five (5) films to the list. Click orange “Save” button at top right corner of page.
You may also use a list you have already created and enter it into the contest.
Step 2: Tweet List
It is important to include all hashtags (#FandorToViewList2014 and #Fandor) in the Tweet. Sponsor tracks Contest submissions by searching for the aforementioned hashtags.
You may not enter a list created by another user into the contest. You must be the creator of the submitted list, or your Entry will be disqualified.
Your list and Twitter provided caption will become an “Entry” once you have followed all the above instructions and you will become an “Entrant.” Your Entry may be featured in any or all of the aforementioned social media channels. You expressly give Sponsor permission to do so.
Note that data charges and fees may apply depending on your mobile phone plan. Charges and fees incurred while using your mobile phone to enter the Contest or perform Contest-related activities are your responsibility.
Sponsor reviews Entries and awards Prizes (defined below) after the Contest Period. All Entries must be submitted during the Contest Period.
USAGE RIGHTS FOR ENTRIES: The Entries must not be obscene or indecent (as determined by Sponsor in its sole discretion). Entries that include profanity, inappropriate or explicit language or references to any lewd or sexually suggestive gestures or full or partial nudity, drug or alcoholic beverage use, or any unsafe behavior will be disqualified.
By submitting an Entry, each Entrant: 1) irrevocably grants Sponsor and its affiliates, subsidiaries, parent corporation(s), advertising and promotional agencies, and all of their respective officers, directors, employees and agents (“Related Entities”) the royalty-free right (but not the obligation) throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the Entry in whatever media, including without limitation edit, rearrange, and/or copy the Entry for use in the promotion of Sponsor’s products and services without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is 100% the original creation or work by the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; 3) that Sponsor will not restrict work assignments of its employees or Related Entities who have had access to the Entries; and 4) that use of information in Sponsor’s and the Related Entities’ unaided memories in the development or deployment of our and their products or services does not create liability for Sponsor or the Related Entities under this agreement or copyright or trade secret law.
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant, the Sponsor and the Related Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entry to Sponsor for purposes of the Contest does not place the Related Entities in a position that is any different from the position held by members of the general public with regard to elements of the individual’s Entry. Each Entrant understands and acknowledges that the Related Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entrant and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Related Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Related Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entrant. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Related Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Contest or any other production based on or allegedly based on the Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Sponsor, Twitter, Inc., Facebook, Inc., Pinterest, Inc. and the Related Entities are not responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or Entries to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. By submitting an Entry, Entrant agrees to abide by the Terms and Conditions of this Contest.
SELECTION OF WINNERS: A total of eleven (11) winners will be judged and selected by Sponsor based on the following judging criteria: Creation of list name: (0-20 points); Creation of List Description: (0-20 points); Inclusion of 5 or more films (0-20 points); Creativity of Vision (0-20 points); and Proper Hashtag Usage: (0-20 points). Sponsor’s decisions are final and binding in all respects relating to the selection of the winners.
Sponsor reserves the right to decrease the number of winners at its sole discretion.
There will be one (1) grand prize (“Grand Prize”), consisting of one (1) five hundred dollar (USD$500.00) Amazon gift card. Additional prizes will be: two (2) ninety dollar (USD$90.00) Fandor annual gift subscriptions, five (5) twenty-five dollar (USD$25.00) Fandango gift cards, and three (3) eighteen dollar and sixty three cent (USD$18.63) signed copies of the book Hope for Film: From the Frontline of the Independent Cinema Revolutions by Ted Hope. Winners will be announced on September 8, 2014.
Total Approximate Retail Value (“ARV”) $860.89
The Amazon gift card, Fandor annual gift subscriptions, and Fandango gift cards will be distributed online to the email address provided by the Winners. The books will be mailed directly to the non-PO Box address provided by the Winners.
There will be no more than eleven (11) prizes awarded from all Entries received during the Contest Period.
The right to receive a prize is non-assignable, non-transferable and no transfer, substitution, or cash equivalent for the prize will be permitted, except by Sponsor at its sole discretion and except in those states, which require redemption of cash.
CLAIMING PRIZE/RELEASE: Winners will be solely responsible for all federal, state and local taxes on the prizes. No cash substitution, assignment, or transfer of prize permitted. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. The prize will not be distributed in the event an insufficient number of qualified Entries are received that do not meet the minimum standards established by these Terms and Conditions. Eligibility, age and claims made by Entrants are subject to verification. Winners will be notified via a direct message on Twitter and Twitter post if they are chosen as a winner, or by email if they have chosen to enter through the alternate method of entry. They will be sent via e-mail an affidavit of eligibility which must be signed as a condition of receiving any prize. Sponsor is not obligated to leave voice mail, answering machine or other messages. Sponsor is not responsible for fraudulent calls or e-mails made to Entrants not by the Sponsor. The prizes will be awarded provided they are properly claimed.
INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or the Related Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest. Neither the Sponsor nor any Related Entity assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, an Entry. Neither the Sponsor nor any Related Entity is responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entries to be received by the Sponsor or any Related Entity due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. NEITHER SPONSOR NOR ANY RELATED ENTITY IS RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S OR SUCH RELATED ENTITY’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR OR AFFECTED RELATED ENTITY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on a Twitter account or email account, the winning Entry will be declared made by the “Authorized Account Holder” of the Twitter account and/or email account. An “Authorized Account Holder” is defined as the natural person 18 years of age or older who has created the applicable account, which is associated with the winning Entry. Sponsor may ask any Entrant (including potential winners) to provide Sponsor with proof that such party is the Authorized Account Holder of the account(s) in dispute.
GENERAL: By applying for this Contest, Entrants: (1) agree to be bound by these Terms and Conditions; (2) agree to release Sponsor, the Related Entities, Twitter, Inc., Facebook, Inc., and Pinterest, Inc. from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, due in whole or in part, directly or indirectly, to participation in this Contest or any Contest-related activity, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; (3) consent to the use of their names, voices, pictures, and likenesses for advertising purposes in any medium throughout the world, whether now known or hereafter devised, in perpetuity without additional compensation unless prohibited by law; and (4) acknowledge that Sponsor and the Related Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Contest at any time. Sponsor may terminate the Contest or decide to modify it in any manner that it deems fair and equitable to Entrants if it becomes aware of any occurrence that would materially affect the Contest’s security and fairness. Sponsor may prohibit individuals from participating in Contest and disqualify entries if they (1) attempt to apply for the Contest through any means other than as described in these Terms and Conditions, (2) attempt to disrupt the Contest or circumvent the Terms and Conditions in any way or (3) repeatedly show a disregard for the Contest Terms and Conditions or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other Entrant or Sponsor. Sponsor’s decisions with respect to the Contest are final.
LIABILITY & RELEASE: By participating in this Contest, Entrants agree to release and hold harmless Sponsor, the Related Entities, Twitter, Inc., Facebook, Inc. and Pinterest, Inc. from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of Entries; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or Entrants’ receipt, acceptance, use and/or enjoyment of any prize. In no event shall Sponsor or the Related Entities be liable for attorney’s fees. Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and the Related Entities reserve the right to correct typographic, clerical or printing errors in any Contest materials. Sponsor and the Related Entities are not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of the Winners, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Related Entities are prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or the Related Entities’ control (each a “Force Majeure” event) the Sponsor and the Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor or the Related Entities, in their discretion, elect to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor and the Related Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and eligible entries received up to the time of such Force Majeure event.
USE OF INFORMATION: The information that you provide in connection with the Contest may be used for Sponsor’s internal purposes and to send you information about Sponsor’s products and special contests but will not be provided to other third parties, except as necessary for the administration of the Contest or as required by law or legal process. Entry submission constitutes permission to post prize winner’s name on the Sponsor’s website, blog and the aforementioned social media channels and to use prize winner’s name, hometown and/or likeness for purposes of advertising and contest without further compensation unless prohibited by law. If you do not wish to receive information from Sponsor in the future, please notify Sponsor by sending an email to: firstname.lastname@example.org with the words “OPT-OUT OF EMAIL COMMUNICATIONS.”
NO OBLIGATION TO USE: The Related Entities shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Related Entities may at any time abandon the use of the any Entries for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order to effectuating the purposes and intents of these Terms and Conditions, then each Entrant agrees to sign the same upon Sponsor’s request therefore.
DISPUTE: The laws of the state of California apply to and govern this Contest and any claims must be raised and resolved in the state and federal courts of San Francisco County, California without respect to conflicts of law doctrines.
*ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED*
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” as well as any other statute or common law principle of similar effect.
WINNERS’ LIST/OFFICIAL RULES: To obtain any legally required winners’ list (available after August 31, 2014) or a copy of these Official Rules, send a self-addressed, stamped envelope to be received by September 13, 2014 to: Fandor “Fandor To-View List Contest” 522 Washington Street, San Francisco, CA 94111. Please specify “Official Rules” or “Winners List”. VT residents do not need to affix return postage for Official Rules Requests.
NEITHER THIS CONTEST NOR SPONSOR ARE AFFILIATED WITH NOR ENDORSED BY TWITTER, INC., FACEBOOK, INC. OR PINTEREST, INC. SPONSOR IS SOLELY RESPONSIBLE FOR THE ADMINISTRATION AND CONDUCT OF THE CONTEST. ALL INFORMATION PROVIDED BY YOU AND THE CONTENTS OF OTHER COMMUNICATION REGARDING THIS CONTEST IS PROVIDED TO, AND/OR BETWEEN YOU AND SPONSOR, NOT TWITTER, INC., FACEBOOK, INC., OR PINTEREST, INC. PLEASE CONTACT SPONSOR DIRECTLY WITH ANY QUESTIONS OR CONCERNS.
HAVE A QUESTION? Visit our website and email us at promotions@Fandor.com or write us at Fandor “Fandor To-View List Contest” 522 Washington Street, San Francisco, CA 94111.