THE HIMALAYAS EXCLUSIVE GIVEAWAY
PROHIBITED. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN THE EXCLUSIVE GIVEAWAY.
DESCRIPTION: The Himalayas and $500 Visa Gift
Card (“Giveaway”), sponsored by CJ Entertainment America, LLC (“Sponsor”),
shall begin at 12:00am (PST) on January 1, 2016 and end at
11:59pm (PST) on January 15,
(“Promotion Period”). The Giveaway is open only to legal residents
of the contiguous United States and the District of Columbia (excluding
residents of Rhode Island) (“Eligibility Area”) who are 18 years or
older (19 years or older in AL and NE, 21 years or older in MS) and who comply
with these Official Rules in all respects. Employees, officers, and directors
of Sponsor or Sponsor’s parents, subsidiaries, and affiliates, and the immediate
family members of such individuals (spouse, parents, siblings, children, legal
guardians, in-laws, grandparents, and grandchildren) and members of the same
households (whether legally related or not) of such individuals, are not
eligible to enter or win. By entering the Giveaway, you (an “Entrant”)
accept and agree to be bound by these Official Rules. These Official Rules
include limitations of your rights and remedies. The Giveaway is void outside the Eligibility Area and wherever
prohibited by law or where the registration or filing requirements of any state
or local jurisdiction have not been complied with.
TO ENTER: You may enter this Giveaway one of three ways:
Social Media: Take a photo of yourself with your movie ticket for “The Himalayas" (“Movie”)
during the Promotion Period, and post Entrant’s photo on to Facebook and/or
Instagram with #HimalayasMovie
Hashtag. Entries posted on to Facebook and/or Instagram must be received by the
Sponsor during the Promotion Period.
E-Mail: Attach a photo of
yourself along with your Movie ticket during the Promotion Period,
and send an e-mail to CJKoreanMovie@gmail.com with
your full name, postal address, phone number, and date of birth.
Postal Mail: Print your full name, postal address, e-mail address,
phone number, and date of birth on a piece of paper and mail it to CJ
Entertainment America, LLC, 5700 Wilshire Blvd., Suite 550, Los Angeles, CA
90036. Entries submitted by postal mail must be postmarked during the
Promotion Period and received by Sponsor within [three (3)] days after the end
of the Promotion Period.
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY,
AND PURCHASE DOES NOT IMPROVE ODDS OF WINNING.
database clock will be the official timekeeper for this Giveaway.
ENTRIES ARE LIMITED TO ONE ENTRY PER PERSON. Entries are void if they
contain typographical, printing or other errors. Use of any automated
system, such as script, macro, or other automated means, to participate or
generate entries (or otherwise assist in participation) is strictly prohibited
and will result in disqualification. Entries that are mutilated, altered,
lost, late, inaccurate, incomplete, tampered with, unintelligible, forged, or
otherwise not in compliance with these Official Rules will also result in
will be deemed to have been submitted by the Authorized Account Holder (as
defined below) of Facebook and/or Instagram account from which the entry was
made. “Authorized Account Holder” is defined as the natural person who
is assigned to account by Facebook and/or Instagram. No entries from automatically generated
accounts shall be accepted.
false or deceptive entries or acts will render all entries by an Entrant
Sponsor and any and all Internet server(s) and access provider(s), and each of
their respective affiliates, subsidiaries, parent corporations, retailers and
advertising and promotion agencies, and all of their officers, directors,
shareholders, employees and agents are not responsible for: any incorrect or
inaccurate entry information; human errors; technical malfunctions; failures,
omissions, interruptions, deletions or defects of any telephone or mobile
network, computer and mobile online systems, equipment, servers, providers, or
software, including without limitation any injury or damage to participant's or
any other person's computer or mobile devices relating to or resulting from
participation in the Giveaway;
data that is processed late or incorrectly or is incomplete or lost due to
telephone, computer, mobile device, or electronic malfunction or traffic
congestion on telephone lines or the Internet or any website or for any other
reason whatsoever; typographical, printing or other errors; any entries which
are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or
postage due, or any combination thereof.
All Giveaway entries shall become the
exclusive property of Sponsor and will not be returned.
SELECTION: One (1) winner will be selected in a random drawing from
among all eligible entries received and the winner will receive the Prize
described below, subject to eligibility verification by Sponsor. The
random drawing will be conducted on or about January 18,
ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED.
4. PRIZES: The
Prize will consist of one (1) $500 Visa Gift Card (“Prize”). Approximate Retail Value (ARV): $500.00.
The ARV of the Prize is based on information available to Sponsor.
Sponsor is not responsible for, and the winner will not receive, the difference
(if any) between the actual value of the Prize at the time of award and the
stated ARV in these Official Rules. Prize details not specified herein
will be determined by Sponsor in Sponsor’s sole discretion. Prize has no
monetary value and are not transferable, assignable, or redeemable for
cash. No substitution for a Prize by a winner will be allowed.
Prize may not be sold, bartered, or exchanged by winner. Any applicable taxes,
fees, or costs associated with a Prize are the winner's sole
responsibility. Upon Sponsor’s request, the winner shall provide tax
information, such as a valid social security number, before a Prize is
released, regardless of whether the Prize, in whole or in part, is
used. An IRS Form 1099 (Miscellaneous Income) may be issued in the name
of winner, for the actual value of the prize received. Entrants waive the
right to assert as a cost of winning any Prize any and all costs of verification
and redemption to claim a Prize and any liability or publicity that might arise
from claiming or seeking to claim a Prize.
NOTIFICATION; PRIZE CLAIM: The winner will be announced on Sponsor’s
Facebook and Instagram page on or about January , 2016. After notification of winning, the winner will be
required to complete, sign, and return a Prize Winner Affidavit and Release of
Liability and, except where prohibited, a Publicity Release Form (and a
completed IRS W-9 form) within three (3) days of issuance. Awarding of a
Prize is subject to the winner’s acceptance of, and compliance with, these
Official Rules. If requested by Sponsor, Entrants must show photo
identification for Sponsor to verify that the eligibility requirements are met.
If any Prize notification or Prize is returned for any reason, or if winner is
disqualified for any reason, Sponsor may decide, in its discretion, to award
such applicable Prize to an alternate eligible Entrant or, if time does not
permit (in Sponsor’s opinion), to not award such Prize.
6. DISQUALIFICATION: Sponsor
may disqualify an Entrant (and cause any Prize that has been awarded (if any)
to be forfeited) due to any of the following: (a) the Entrant fails to
comply with any of the terms, conditions, restrictions, or limitations of these
Official Rules (as determined by Sponsor in Sponsor’s sole discretion); (b) the
Entrant fails to respond to the winner notification or any other notice
within [14 days] after
its transmission; (c) the Entrant fails to complete, sign, and return a Prize
Winner Affidavit and Release [within 14 days] after
its receipt; (d) the inability of Sponsor to contact a potential winner or the
return of any winner notification, notice, or Prize as undeliverable; or (e) an
Entrant’s failure to maintain his/her behavior in accordance with all
applicable laws and generally-accepted social practices in connection with
participation in any Giveaway-related
or Prize-related activity, including, without limitation, if the Entrant (i) is uncooperative or disruptive;(ii) annoys,
threatens, or harasses any other person; or (iii) may
or does cause damage to person, property, or the reputation of Sponsor.
7. DISCLAIMERS: Sponsor
shall not be liable to a winner or any other person for failure to supply a
Prize or any part thereof, by reason of any acts of God, any action(s),
regulation(s), order(s) or request(s) by any governmental or quasi-governmental
entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s)
to be invalid), equipment failure, terrorist acts, earthquake, war, fire,
flood, explosion, unusually severe weather, hurricane, embargo, labor dispute
or strike (whether legal or illegal), labor or material shortage,
transportation interruption of any kind, work slow-down, civil disturbance,
insurrection, riot, or any other cause beyond the Sponsor’s sole control.
Prizes are awarded “as is, where is,” without warranty of any kind, express or
implied, including without limitation any warranty of merchantability or
suitability for a particular purpose. Sponsor is not responsible for any
typographical or other printing errors in the offer or administration of the Giveaway.
LAW; DISPUTE RESOLUTION: The laws of the State of California apply to
and govern the Giveaway,
as well as any disputes or claims arising from or in connection with the Giveaway. The
parties agree that any and all disputes or controversies of any nature between
them arising at any time shall be determined by binding arbitration, in
accordance with the arbitration rules of JAMS to be held in Los Angeles County,
California, before a single neutral arbitrator. The arbitrator shall be
selected by mutual agreement of the parties or, if the parties cannot agree,
then by striking from a list of arbitrators supplied by JAMS, with JAMS rules
applied to break any deadlock in selecting an arbitrator.
AUTHORIZATION: By participating in the Giveaway, Entrant hereby authorizes and
grants the right to Sponsor and Sponsor’s parents, subsidiaries, and
affiliates, and its and their employees, officers, and directors, and those
acting pursuant to their authority, (collectively, the “Promotion Parties”)
the right to print, publish, broadcast, depict, reproduce, and use the
Entrant’s name, portrait, picture, likeness, voice, statements attributable to
him/her, city and state of residence, and other biographical information and
the Entrant’s Giveaway entry
for advertising and promotional purposes throughout the world in any and all
media now known or existing at any time in the future, without further
approval, notification, or compensation. Entrants acknowledge and agree
that this authorization is intended to satisfy all consent requirements of
California Civil Code sections 3344 and 3344.1, and Entrants hereby waive and
release any and all claims that Entrants may have or hereafter have against the
Promotion Parties under such statutes or any other statutes or common law
principles of similar effect.
OF LIABILITY; RELEASE; INDEMNIFICATION: ENTRANTS WAIVE THE RIGHT TO
CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE,
CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES, AGAINST THE PROMOTION PARTIES
RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH PARTICIPATING IN THE GIVEAWAY
OR ANY PRIZE ACTIVITY. Entrants hereby agree to defend, hold harmless,
and indemnify the Promotion Parties from and against any and all claims,
demands, actions, suits, losses, expenses (including, without limitation,
reasonable attorney fees and expenses), costs and liabilities of any nature
whatsoever that arise or result from Entrants’ action, inaction, negligence, or
other fault in connection with participating in the Giveaway.
Without limiting the foregoing, by participating in and entering the Giveaway,
(a) Entrants agree that the Promotion Parties shall not be liable for personal
injuries, death, damages, expenses or costs or losses of any kind resulting
from participation or inability to participate in the Giveaway
or parts thereof or acceptance of, use of or inability to use a Prize or parts
thereof including, without limitation, claims, suits, injuries, losses and
damages related to personal injuries, death, damage to or destruction of
property, rights of publicity or privacy, defamation, or portrayal in a false
light (whether intentional or unintentional), whether under a theory of
contract, tort (including negligence), warranty or other theory and (b) winners
hereby release the Promotion Parties from any and all liability and
responsibility with respect to the Prize (including any property loss, damage,
personal injury or death).
OF CALIFORNIA CIVIL CODE SECTION 1542: Entrants acknowledge that they
have read and understood the provisions of California Civil Code Section 1542,
which provides as follows: “A general release does not extend to claims which
the creditor does not know or suspect to exist in his or her favor at the time
of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor.” Being aware of such
statutory right, by participating in the Giveaway, Entrants expressly waive any
rights under California Civil Code Section 1542 as well as any other statutes
or common law principles of similar effect.
12. GENERAL: Decisions
of Sponsor are final and binding in all matters related to the Giveaway. The
invalidity or unenforceability of any provision of these Official Rules will
not affect the validity or enforceability of any other provision. In the
event that any provision of these Official Rules is determined to be invalid or
otherwise unenforceable or illegal, the other provisions will remain in effect
and will be construed in accordance with their terms as if the invalid,
unenforceable, or illegal provisions were not contained herein. Sponsor’s
failure to enforce any term of these Official Rules will not constitute a
waiver of that provision. Entrants agree to waive any rights to claim
ambiguity of these Official Rules. Headings are solely for convenience of
reference and will not be deemed to affect in any manner the meaning or intent
of any provision. In the event there is a discrepancy or inconsistency
between disclosures or other statements contained in any Giveaway-related
materials and these Official Rules, these Official Rules shall prevail, govern,
and control, and the discrepancy will be resolved in Sponsor’s sole and
LIST: Please visit http://www.cj-entertainment.com for
the official list of winners and a copy of these Official Rules. The
winner list shall be available after January 15, 2016.