Focus Features’ Tune In To “PIRATE RADIO” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCE OF WINNING.
The Focus Features’ Tune In To “PIRATE RADIO” Sweepstakes (“Sweepstakes”) starts at 12:01 a.m. Eastern Time (“ET”) on October 30, 2009 and ends at 11:59 p.m. (ET) on November 15, 2009 (“Entry Period”). At the end of the Entry Period, a random drawing will be conducted to select one (1) Grand Prize winner, up to five (5) First Prize winners and up to one hundred (100) Second Prize winners from among all eligible entries received, as set forth more fully below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with these Official Rules and the decisions of Focus Features LLC (“Focus” and “Sponsor”), 100 Universal City Plaza, Universal City, CA 91608, which shall be final and binding in all respects.
ELIGIBILITY: SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA, EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF ENTRY DATE. THIS SWEEPSTAKES IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW. Officers, directors and employees of Focus and respective parents, affiliates, subsidiaries, distributors, advertising and promotion agencies (all such individuals and entities collectively referred to herein as the “Promotion Parties”) and each of their immediate family members (spouses, parents, siblings and children) or those living in the household of same whether related or not are not eligible to enter the Sweepstakes or win a prize.
HOW TO ENTER: During the Entry Period you may enter online by visiting pirateradiosweepstakes.com (the “Website”) and following the instructions to complete the entry form. To complete the entry form, entrants must provide their first and last name, street address (no P.O. boxes), city, state, zip code, daytime telephone number, date of birth and e-mail address. ALL ENTRIES MUST BE RECEIVED BY THE END OF THE ENTRY PERIOD IN ORDER TO PARTICIPATE. LIMIT ONE (1) ENTRY PER PERSON, PER HOUSEHOLD ADDRESS, AND/OR E-MAIL ADDRESS. The Website’s database clock is the official time keeper for the Sweepstakes. All required information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Focus's privacy policy located at http://www.filminfocus.com/privacy.
Entry must be made by the entrant, only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Parties shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Promotion Parties assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: On or about November 16, 2009, One (1) Grand Prize winner, up to five (5) First Prize winners and up to one hundred (100) Second Prize winners will be selected in a random drawing from all eligible entries received during the Entry Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. Potential Prize winners will be notified by e-mail, certified mail, and/or telephone using the information provided at the time of entry by December 1, 2009. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
Potential Prize winners may be required to execute an Affidavit of Eligibility, a Liability Release, a completed IRS W-9 form and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
PRIZES:
Grand Prize. One (1) Grand Prize is available. The Grand Prize consists of: one (1) Blu-ray Player and one (1) Focus Features Blu-ray Pack containing titles and quantities to be determined by Focus in its sole discretion. The total approximate retail value (“ARV”) of the Grand Prize is $300.
First Prize. Up to five (5) First Prizes are available. Each First Prize consists of: one (1) Apple® iTouch®. Apple® and iTouch® are registered trademarks of Apple Computer, Inc. The Sweepstakes is not affiliated with or endorsed by Apple Computer, Inc. The ARV of each First Prize is $199.
Second Prize. Up to one hundred (100) Second Prizes are available. Each Second Prize consists of one (1) soundtrack from the motion picture “PIRATE RADIO”. The ARV of each Second Prize is $19.99.
Total value of all prizes is approximately $3,294. The odds of winning prizes are determined by the total number of eligible entries received.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The ARV of any electronic prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prizes are awarded or redeemed. If the actual purchase price of an electronics prize is less than the ARV or manufacturer suggested retail price stated herein, the prize winner will not be entitled to a check, cash or other form of payment for the price difference.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promotion Parties to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Parties (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Websites or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees that any and all disputes (each a “Dispute”) the entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes; (ii) the awarding or redemption of any prize; and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures or the JAMS Employment Arbitration Rules and Procedures, whichever is applicable, in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules, except that the parties shall be entitled to undertake discovery in the arbitration in accordance with the statutory provisions and rules applicable, as of the date of the first Arbitration Notice, to discovery in civil actions before a Superior Court of the State of California in Los Angeles County. The arbitrator shall have the authority to hear and rule upon all discovery motions and, in connection therewith, to award sanctions as appropriate in accordance with the then-prevailing California law. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any California state or federal court. In all their substantive (as opposed to procedural or discovery-related) rulings, the arbitrator and Appeal Panel shall apply the law specified in the choice of law provision of this Agreement. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. Except to the extent otherwise required pursuant to the applicable JAMS rules and procedures and applicable law, each party will pay the fees of its respective attorney(s), the expense of its witnesses, cost of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the Dispute been subject to resolution in court.
WINNERS LIST: For a copy of any legally required Official Winners List (available after December 2, 2009), send a self-addressed, stamped envelope to: Focus Features’ Tune into “PIRATE RADIO” Sweepstakes - WINNERS LIST, 100 Universal City Plaza Bldg 9128-2, Universal City, CA 91608. Official Rules are available during the Entry Period at the Website.
Motion Picture Artwork™ and © Focus Features LLC. All Rights Reserved.
Short Form Disclosures For Website:
NO PURCHASE NECESSARY. The entry period for this Sweepstakes begins on or about October 30, 2009 at 12:01 a.m. ET and ends on November 15, 2009 at 11:59 p.m. ET. Must be legal resident of U.S. 18 or older to enter. See Official Rules at pirateradiosweepstakes.com for additional eligibility restrictions, prize description/restrictions/ARV and complete details. Void where prohibited.








