NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. INSTAGRAM AND/OR TWITTER ACCOUNT IN GOOD STANDING REQUIRED. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR TWITTER.
ENTRANTS UNDER THE AGE OF MAJORITY IN HIS/HER STATE/PROVINCE OF RESIDENCE MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. A PRIZE WON BY A MINOR IN HIS OR HER LEGAL JURISDICTION OF RESIDENCY WILL BE AWARDED IN THE NAME OF SAID MINOR'S PARENT OR LEGAL GUARDIAN.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
ABC, Inc. d/b/a Walt Disney Studios Motion Pictures, 500 South Buena Vista Street, Burbank, CA 91521 ("Sponsor").
Brandmovers Inc., 590 Means Street, Suite 250, Atlanta, GA 30318 ("Administrator").
MARVEL STUDIOS 10 YEAR ANNIVERSARY SWEEPSTAKES (the "SWEEPSTAKES") is Open and offered only to legal residents of the 50 United States, District of Columbia, AND CANADA (EXCLUDING QUEBEC), who are THIRTEEN (13) years of age and older and who have aN INSTAGRAM AND/OR twitter account in good standing. Employees, officers, and directors of Sponsor, Administrator, and each of their respective parent entities, subsidiaries and affiliated companies (including Marvel Entertainment, LLC ("Marvel")) (collectively, "Sweepstakes Entities"), as well as advertising, sweepstakes, or production agencies or partners (and their respective dependents, immediate family members, including children, spouse, parents, siblings, step-parents, step-children, step-siblings and their respective spouses, regardless of where they reside, and individuals residing in their same household at least three (3) months a year, whether or not related) are not eligible to participate or win. Entry into the Sweepstakes does not constitute entry into any other contest or sweepstakes. The Sweepstakes shall be subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations and these official rules ("Official Rules") and by entering, all entrants agree that they have read these Official Rules, the Instagram and/or Twitter terms and policies (collectively, the "Social Platforms Terms and Policies"), and agree to abide by and to be bound by the terms and conditions of the Official Rules, Social Platforms Terms and Policies and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render entrants ineligible.
The Sweepstakes begins on March 8, 2018 at 9:00:00 AM Pacific Time ("PT") and ends at 8:59:59 AM PT on March 15, 2018 (the "Sweepstakes Period"). The Administrator's database clock is the official timekeeper for this Sweepstakes.
To enter this Promotion, each person (or "Entrant") must be a registered member/user of the Instagram application ("Instagram") and/or the Twitter application or www.twitter.com ("Twitter," collectively with Instagram, the "Platforms," and each a "Platform"). Registration is free and can be obtained by downloading the Instagram and/or Twitter application to your mobile device or visiting Twitter's website (listed above) and filling out the required information to obtain an account (each an "Account" and collectively, the "Accounts"). Once a registered member on any of the Platforms, to enter during the Sweepstakes Period: (a) Entrant must log into his/her Account(s) during the Sweepstakes Period and, (b) tell us their favorite Captain America memory, which they experienced personally, by either: (1) "tweeting" on Twitter or "posting" to Instagram a unique photo of themselves (the "Photo") and/or (2) "tweeting" a text only tweet on Twitter (the "Memory") with the hashtags #Marvel10YearSweepstakes and #CaptainAmerica (each a "Hashtag" and collectively the "Hashtags") to receive one (1) entry into the Sweepstakes ("Entry"). NOTE: To receive an eligible Entry, an Entrant must include Photo and/or Memory and both Hashtags in a single tweet or Instagram post.
Limit three unique (3) Entries per Account per Day (regardless of whether one (1) person has more than one (1) Account or more than one (1) person uses the same Account) during the Sweepstakes Period. Limit twenty-one (21) total unique Entries per Platform during the Sweepstakes Period. Each Entry by an Entrant must be unique (i.e. multiple posts of the same Photo and/or Memory will not qualify as eligible Entries). All Entries must be received by 8:59:59 AM PT on March 15, 2018 to be eligible for the Sweepstakes. Any attempts by an Entrant to submit more than forty-two (42) Entries total may result in such Entrant being disqualified.
Any attempt by any Entrant to enter by using multiple/different Accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Account from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the e-mail address used to create the Account associated with an Entry, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with relevant e-mail address. No automatically generated Entries will be accepted.
Failure of any Photo to comply with the above "Photo Requirements" and "Photo Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries shall not be acknowledged or returned. Photos must be suitable for presentation in a public forum, in the sole determination of Sponsor.
There will be two (2) winners in this Sweepstakes (each a "Grand Prize Winner" or "Winner" and collectively referred to herein as Grand Prize Winners" or "Winners"). Following the end of the Sweepstakes Period, two (2) potential Grand Prize Winners (the "Potential Winners") will be randomly selected from among all eligible Entries received throughout the Sweepstakes Period, by Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. Potential Winners will receive an initial notification by Administrator or Sponsor via a comment with @reply to their Entry post on or about March 16, 2018. Each Entrant must have his/her Account(s) set to "Public" and not "Private" so that Administrator and/or Sponsor may be able to contact Entrant in the event that Entrant is a Potential Winner. It is each Entrant's responsibility to timely check his/her Account for any comments, @replies, from Sponsor or Administrator and to ensure that Entrant's Account settings allow Entrant to receive comments and/or replies from Administrator/Sponsor. Potential Winners will be required to be in contact with Administrator and/or Sponsor, after receiving the initial notification within seventy-two (72) hours to begin the Winner verification process. Each Potential Winner (or Potential Winner's parent/legal guardian if the Potential Winner is deemed a minor in the state/province of his/her residence) must meet all eligibility requirements and may be required to provide their Tax Identification number, proof of U.S./Canadian residency, sign an affidavit of eligibility, and publicity and liability release (or declaration of compliance if winner is a Canadian resident), and work with any travel companion(s) to sign their Guest (defined below in Section 9) release(s), or such other documents as Sponsor and/or Marvel deems necessary, in their sole discretion (collectively, the "Prize Claim Documents"), each of which must be completed, signed and returned within five (5) days from date of issuance, or the Prize may be forfeited and may be awarded to an alternate Winner, time permitting. If a Potential Winner is from Canada, they will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive the Prize or such Prize will be forfeited. If any Prize notification or attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Winner. By accepting the Prize, each Winner (or Winner's parent/legal guardian if Winner is deemed a minor in the state/province of his/her residence) represents and warrants they are in compliance with these Official Rules.
At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [a] Potential Winner's failure to respond to initial notification within seventy-two (72) hours after its transmission; [b] the failure of notification due to deactivation of the Potential Winner's Account prior to receipt of notification; [c] Potential Winner's failure to respond to Sponsor's or Administrator's comment and direction; [d] Potential Winner's Account "privacy" is set so that the Potential Winner's updates/responses/comments may not be visible by Sponsor; [e] Potential Winner's failure to include unique Photo and/or Memory and both Hashtags in their Entry; [f] Potential Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [g] Potential Winner's failure to pass a skill test (Canadian residents only); [h] Potential Winner's failure to execute and return the Prize Claim Documents within five (5) days after they are e-mailed or mailed to the Potential Winner; [i] Potential Winner's failure to validly claim the Prize by March 31, 2018; and [j] any other non-compliance with these Official Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner. Once a Potential Winner has completed all requirements in these Official Rules and been verified by Sponsor and/or Administrator, they will be declared a Winner. Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period.
Two (2) Grand Prize Winners will each receive one (1) Grand Prize Trip ("Trip") for two (2) persons (Winner and his/her guest ("Guest")) for three (3) nights and four (4) days. Trip includes the following:
Approximate Retail Value ("ARV") of each Grand Prize: USD $4,098.00. ARV may vary from actual value, depending on date and point of departure and actual number of travelers. Any difference between stated and actual value shall not be awarded. Total ARV of all Prizes being awarded: USD $8196.00.
If a Grand Prize Winner is a minor in his/her jurisdiction of residence, Guest must be his/her parent or legal guardian. Guest must be the age of majority in his/her jurisdiction of residence, unless such minor travel companion is the child or legal ward of the Grand Prize Winner. Guest must not be an employee, officer or director of Released Parties (defined above in Section 6) or a family member of the Released Parties. Each Winner's Guest must complete and return any paperwork required by Sponsor, including but not limited to a non-disclosure and/or publicity release.
All travel arrangements will be administered by Sponsor's authorized designee and tickets issued prior to departure. Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Winner's possession or in the possession of a Guest. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight.
Each Winner must travel in April 2018 on dates as specified by Sponsor in its sole discretion. Grand Prize may not be combined with any other coupon, certificates, discount, bonus, infant fare, upgrade, or promotional offers/tickets. Void if altered. Booking and travel dates must fall into the range as specified or Prize will be forfeited and Sweepstakes Entities will have no further obligation to the Winners. Travel is subject to availability.
Each Winner and their respective Guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Grand Prize. It is the responsibility of each Winner and his/her Guest to arrive at the designated gateway airport in time for each flight that is part of the Grand Prize.
Each Winner and his/her Guest are responsible for all in-room charges (e.g., mini-bar, movies), transportation not specified herein, telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Official Rules. Each Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to a Winner and/or his/her Guest will be the responsibility of that Winner. Each Winner and their respective Guest will be required to provide a valid government issued photo ID and/or passport at time of travel. Photo identification/passport and credit card or cash deposit may be required at check-in for incidental and/or in-room charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize).
Released Parties bear no responsibility if any event, element or detail of the Grand Prize, including without limitation the Premiere, is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, Released Parties shall have no obligation to the Winners aside from providing the travel portion of the Grand Prize, minus any unavailable event, element or detail. Each Winner and his/her Guest shall be subject to all terms and conditions printed on any ticket and gift card issued in conjunction with the Grand Prize. In the event a Winner and/or their Guest is denied entry into any ticketed location or is removed or barred from any ticketed location for any other reason, Released Parties are not responsible and no further compensation or award will be provided.
The attendance by any specific cast members, filmmakers, or such other talent from the Picture during the Premiere is not guaranteed and shall be subject to such talent's availability and Sponsor's sole discretion. Neither Sponsor nor any Sweepstakes Entities guarantee any type of meeting or photo opportunity with any specific cast member or talent from the Picture during the Trip. In the event a Winner and/or Guest engage in behavior that, as determined by Sponsor or producers of the Picture, in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and Sweepstakes Entities reserve the right to terminate the Trip or any element of the Prize early, in whole or in part, and send the Winner and/or his or her Guest home, with no further compensation. Each Winner and their respective Guest must obey all rules and complete any paperwork required for the Prize, including but not limited to any additional releases, contracts, non-disclosure agreements, waivers required by the Sponsor or Sweepstakes Entities and, failure to sign such paperwork and/or to furnish all required information on dates selected by Sponsor or Sweepstakes Entities in their sole discretion will result in forfeiture of the Prize.
Each Winner and their respective Guest must travel on the same itinerary. If a Winner chooses not to bring a Guest, the Trip will be awarded in increments suitable for the actual number of travelers with no substitute prize or compensation being provided to that Winner. A Winner may not charge a Guest for participating in the Trip. Airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code share flights may be used. No one-way trips or upgrades allowed. Unless otherwise necessitated by Sponsor, no stopovers are permitted on tickets issued as part of the Grand Prize; if a stopover otherwise occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining Trip segment(s), including the return. Each Winner is solely responsible for any and all excess baggage charges, taxes and any other charges incurred after or in connection with the issuance of airline tickets.
In the event the Grand Prize cannot be awarded as stated, that Grand Prize will go unawarded. Costs and expenses associated with Grand Prize acceptance and use not specifically stated herein as being provided are the sole responsibility of each Winner. Grand Prize is not redeemable for cash and is subject to availability, non-transferable, non-negotiable, non-refundable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the Grand Prize (or any element thereof) for one of equal or greater value for any reason. All taxes (including, without limitation, U.S. federal, provincial, state and local taxes (including, but not limited to income and withholding taxes), sales taxes, VAT, GST, PST, HST), and any other expenses not specifically included in the Prize description are the sole and exclusive responsibility of each Winner. A Winner may be required to provide to Sponsor an amount to cover the balance or the entire amount, as the case may be, of all applicable withholding taxes at the normal rates required by law (notwithstanding any tax treaties that may provide for lower rates of tax withholding, including exemption from withholding with the satisfaction of qualification requirements) prior to being awarded the Prize and failure to do so will result in disqualification. All taxes are solely the responsibility of each Winner, who (except for any Canadian Winner) will receive an IRS Form 1099 reflecting the actual value of his/her Prize (any Canadian Winner will receive an IRS Form 1042-S). Grand Prize will be awarded provided it is validly claimed by March 31, 2018, after which no alternate Winner will be selected, nor unclaimed Grand Prize awarded.
The Released Parties make no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Grand Prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH GRAND PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. In the event there is a discrepancy or inconsistency between disclosure or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. Twitter and Instagram are registered trademarks.
By entering this Sweepstakes and/or accepting any Prize you may win, you agree, represent and warrant that: [a] you will be bound by these Official Rules and the Sponsor's decisions, which shall be final in all respects; [b] the Entry will not be acknowledged or returned; [c] you release, indemnify and hold harmless each of the Released Parties from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel, or from any interaction with, or downloading of, computer information; [d] the Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the Prize; [e] a Winner's acceptance of a Prize constitutes the grant to Sponsor and assignment of an unconditional right to use said Winner's Twitter and/or Instagram handle, name, address (city and state/province only), voice, likeness, photograph, biographical and Prize information, statements about the Sweepstakes and/or live and taped performances of interviews for any programming, publicity, advertising and Sweepstakes purposes without additional compensation, except where prohibited by law; [f] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select potential Winners by such method as Sponsor in its sole discretion shall consider equitable from all eligible Entries received prior to such termination or suspension; [g] the Released Parties are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software and for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: human errors, errors in the advertising, these Official Rules, selection and announcement of the Winners and distribution of the Prize; [h] the Released Parties are not responsible for any inability of a Winner to accept or use the Prize (or any portion thereof) for any reason; [i] Sponsor has the right to modify Prize award procedures at its sole discretion; [j] the Released Parties are not responsible for changes to Twitter and/or Instagram functions that may interfere with the Sweepstakes or your ability to timely enter; [k] you acknowledge that you are solely responsible for any actions, claims or liabilities of your Guest related to any Sweepstakes-related activity or travel; and [l] Released Parties are not responsible for any failure of delivery of potential Winner notification.
Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen Entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes or Account used, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such Entrant's eligibility to participate in this or any other Sweepstakes offered by Sponsor. Released Parties are not responsible for injury or damage to Entrants' or to any other person's computer, electronic device or mobile device related to or resulting from participating in this Sweepstakes or downloading materials from Twitter or Instagram. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to an Entrant's or other person's system or equipment occasioned by participation in this Sweepstakes.
Entrant (or Entrant's parent if Entrant is deemed a minor in the state/province of his/her residence) agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, other than those concerning the administration of the Sweepstakes or the determination of the Winners, shall be resolved individually, without resort to any form of class action; (b) 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 (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
For an official Winners' list (available after 3/31/18) send a self-addressed, stamped envelope to: MARVEL STUDIOS 10 YEAR ANNIVERSARY SWEEPSTAKES – WINNERS' LIST, c/o Brandmovers Inc., 590 Means Street, Suite 250, Atlanta, GA 30318. Residents of Vermont may omit return postage on all requests. Official Rules may also be obtained during the Sweepstakes Period at www.marvel.com/10YearSweepstakes.