My Spy – Decode Tweet Contest (March 4, 2020)
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET CONNECTION REQUIRED. VOID WHERE PROHIBITED BY LAW.
ENTRY PERIOD: My Spy Decode Tweet Contest (“Contest”) starts at 11:00 a.m. Central Time (“CT”) on March 4, 2020 and ends at 10:59 p.m. CT on March 5, 2020 (“Entry Period”). The sponsor of this Contest is STX Productions, LLC, 3900 West Alameda Ave., 32nd Floor, Burbank, CA 91505 (the “Sponsor”). Twitter Inc. (“Twitter” or the “Social Platform”) is not a sponsor of this Contest and does not endorse or otherwise have anything to do with this Contest. The Contest shall be subject to these “Official Rules,” and by entering, all participants agree to be bound by the terms and conditions herein.
ELIGIBILITY: THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA WHO, AT TIME OF ENTRY, ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, HAVE INTERNET ACCESS, AND ARE REGISTERED MEMBERS IN GOOD STANDING OF THE SOCIAL PLATFORM USED TO SUBMIT THEIR ENTRY INTO THE CONTEST. THIS CONTEST IS VOID OUTSIDE THE AREA SPECIFIED ABOVE AND WHERE PROHIBITED BY LAW. Employees and their family members (defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) of Sponsor, its affiliates, subsidiaries, parent companies and agencies (collectively, the “Promotion Parties”) and those living in the household of same (whether related or not) are not eligible to enter or win.
HOW TO ENTER: You must be a registered member of the Social Platform in order to participate in the Contest or win a prize. Membership on the Social Platform is free. Registration for Twitter can be obtained by going to www.twitter.com and entering the required information to register, or by downloading the Twitter application from the Apple App Store or Google Play and following the application’s onscreen instructions to open an account. To enter, log onto your Social Platform account during the Entry Period and decode the message in the Contest-related tweet posted on the @MySpyMovie official Twitter account at the start of the Entry Period or directly retweeted by other accounts during the Entry Period (collectively the “Contest Tweet”) and reply to the Contest Tweet with the answer.
By completing the foregoing during the Entry Period (“Entry”), you will be entered into the Contest and each individual submitting such Entry shall be an “Entrant.” ALL ENTRIES MUST BE RECEIVED BY 10:59 P.M. (CT) ON March 5, 2020. For purposes of clarification “Entry” includes the post uploaded and submitted to the Contest.
Important Note: If you opt to use the Social Platform via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Contest), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile device bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are the winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.
All Entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt, modify, and publish any or all of the Entries and may use them in any and all media, now known or hereafter devised, throughout the world in perpetuity without attribution or compensation to the Entrant, his or her successors or assigns, or any other entity.
WAIVERS, DISCLAIMERS AND RELEASES: The Promotion Parties, the Social Platform, and any and all Internet server(s) and access provider(s), application hosts and facilitators and cellular provider(s), and each of their respective affiliates, subsidiaries, parent corporations, and advertising and promotional agencies, and all of their officers, directors, members, shareholders, employees, and agents (collectively, “Releasees”) are not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access any Social Platform or any web pages thereof; inability to connect to or upload to the Social Platform; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines, mobile networks, or the Internet or any application (including the Social Platform applications) or website or for any other reason whatsoever; mail that is late, lost, mutilated, misdirected, stolen, or postage due; typographical, printing, or other errors; or any combination thereof. Proof of submitting information to a Social Platform is not considered proof of delivery or receipt. Illegible, incomplete, and mechanically reproduced Entries will be disqualified. False, fraudulent, or deceptive Entries or acts shall render Entrants ineligible. Any damage made to the Social Platform service, or any Social Platform website will be the responsibility of the authorized account holder of the e-mail address for the Social Platform account submitted at the time of Entry. By entering the Contest, Entrants affirm that they have read and accepted these Official Rules. The Contest shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state, province, territory or federal laws. By entering the Contest, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of Los Angeles County, California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, province or territory of the United States or Canada that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS (US$5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS (US$5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
WINNER DETERMINATION AND NOTIFICATION: On or about March 6, 2020, Sponsor in its sole discretion, will select (5) Grand Prize winners (collectively, the “Prize Winners”) from among all eligible Entries which replied to the Contest Tweet with the correct answer, as determined by Sponsor in its sole discretion, and from such Entries, the five (5) Entrants who submitted the correct response in the fastest time, as determined by Sponsor in its sole discretion.
Decisions of the judging organization shall be final and binding in all matters related to the selection of the winner. The potential winner may be contacted via their user account using the direct message feature of the Social Platform of the winning Entry. It is Entrant’s responsibility to timely set account settings to accept contacts by Sponsor and to timely check his/her account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. Sponsor reserves the right to notify potential Prize Winners in the comments section to the Entry on the applicable Social Platform, at its sole discretion.
Potential Prize Winners will be required to respond to Sponsor’s notification within forty-eight (48) hours from notification and in accordance with the instructions therein or the Prize (as defined below) will be forfeited and Entrant disqualified. Prize Winners will be required to provide (or confirm) information that includes, but is not limited to, the following: name, email address, street address, city, state, zip code, daytime telephone number, date of birth, ownership of photo submission, and to verify eligibility per these Official Rules. Prize Winners, and in the event that a Prize Winner is under the age of majority in his/her state of residence, his/her parent or legal guardian, may be required to execute and return a completed original notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity/Name/Likeness Release form (collectively, “Prize Claim Documents”). Failure to fully complete, execute, notarize, and return all required forms as specified within this time period may result in the potential Prize Winner’s disqualification, and in the event of any such disqualification or any other disqualification permitted under these Official Rules, or in the event that any Prize notification is returned as undeliverable for any reason, at Sponsor’s sole discretion, an alternate Winners may be selected, or Sponsor may elect to not award the Prize to anyone.
All federal, state, local and/or provincial/territorial tax liabilities, if any, are the responsibility of the Prize Winner. The approximate retail value of the Prize is based on available information provided to Sponsor, and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. If a resident of the United States, the winner may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. Acceptance of the Prize constitutes permission to the Sponsor and its designees to use the winner's name, Social Platform user name, likeness, and biographical information for advertising and marketing and other purposes in any and all media, now and hereafter devised, worldwide in perpetuity, without further compensation, notification, or permission unless prohibited by law.
GENERAL CONDITIONS TO PARTICIPATION: Each Entrant represents that the posts and/or captions submitted for this Contest are the Entrant’s original work and that Entrant has obtained all necessary licenses, approvals and consents to use and display the images and design in the Contest and on Sponsor’s and its designees’ websites and social media sites. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to Entrant’s Entry and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s choice of any such similar or identical material. Participation in the Contest constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes and constitutes permission for the Promotion Entities to use Entrant’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. If requested, Entrant will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry or any portion thereof.
Grand Prize. Five (5) Grand Prizes are available. The Grand Prizes each consist of one (1) $25 AMC gift card (to be determined at Sponsor’s sole discretion). (The approximate retail value [“ARV”] of the Grand Prize is $25.)
LIMIT ONE (1) PRIZE PER PERSON. The total ARV of all prizes combined is $125. The ARVs represent Sponsor’s good faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event that a stated ARV is more than the actual fair market value, the difference will not be awarded in cash or otherwise. The Grand Prize is non-transferable and no substitution or cash equivalents will be made except as provided herein at the Sponsors’ sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value, if the Grand Prize should become unavailable for any reason.
Actual odds of winning depend on the number of eligible entries received during the applicable Entry Period.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. 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.
EVENT OF FORCE MAJEURE: Releasees shall not be liable to a Prize Winner or any other person for failure to supply the 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 Releasees’ sole control (each a “Force Majeure”). In the event of unavailability, no prize will be substituted.
GENERAL: Entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including, without limitation, attorney’s fees) resulting from acceptance, use, or misuse of the Prize or any element thereof or from participation in this Contest.
If, for any reason, this Contest is not capable of running as planned or if this Contest or any application or website associated therewith (or any portion thereof), including, but not limited to, the Social Platform, becomes corrupted or does not allow the proper operation of the Contest and processing of Entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, shutdown of the Social Platform’s service, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. The Releasees are not responsible for any changes or unavailability of the Social Platform or its applicable applications that may interfere with the Contest (including any limitations, any restrictions or any conditions on Sponsor’s ability to use the Social Platform or its applicable applications for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the Social Platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. In the event that this Contest is cancelled, Sponsor may conduct a random drawing to award the Prize from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. Any attempt by an Entrant or any other individual to deliberately damage any application(s) (including the Social Platform or their applicable applications) or undermine the legitimate operation of the Contest is a violation of criminal and/or civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the authorized account holder of the e-mail address associated with the Social Platform account for the potentially winning Entry, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address 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 the submitted e-mail address. Each potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder for the e-mail address associated with the Social Platform account for the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.
NOTE: Entry must be made by the Entrant only through the Social Platform. Entries made by any other individual or any entity, and/or originating at any other application or e-mail address, including, but not limited to, commercial Contest or Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device or computer software or bot to automate the entry process is prohibited.
OFFICIAL RULES/WINNERS LIST: For an Official Winners List (available after March 5, 2020), or a copy of these Official Rules, send a self-addressed, stamped envelope to: My Spy Decode Tweet Contest (please specify Official Winners’ List or Official Rules), 3900 West Alameda Ave., 32nd Floor, Burbank, CA 91505. Residents of Vermont may omit the return postage on their Official Rules request. Official Rules are also available during the Entry Period at https://www.myspy.movie/contest1
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