The 2016 Tribeca Film Festival “Tribeca Hub Pass” Giveaway is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. You may not participate in the Giveaway if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.
The 2016 Tribeca Film Festival “Tribeca Hub Pass” Giveaway
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
PROMOTION DESCRIPTION: The 2016 Tribeca Film Festival “Tribeca Hub Pass” Giveaway (the “Giveaway”) begins at a Sponsor-selected time between 9:00am ET and 8:00pm ET on April 8, 2016 and ends as soon as all of the applicable prizes for this Giveaway, as more fully set forth below, have been successfully claimed (the “Promotion Period”). Participation in the Giveaway does not constitute entry or participation into any other promotion, sweepstakes, contest or giveaway. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tribeca Film Festival NYC, LLC, 375 Greenwich Street, New York, NY 10013 (“Sponsor”) and Thunderclap, Inc. d/b/a Crescendo (“Administrator”), which will be final and binding in all respects.
ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and the District of Columbia, who at the time of claim (a) are located within the U.S., (b) are eighteen (18) years of age or older, and (c) have a valid and active personal Crescendo app account are eligible to enter. Sponsor, Administrator and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and any other individual or company involved in the development or execution of the Giveaway, and each of their respective officers, directors, agents and employees (collectively, with Sponsor, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Giveaway or win a prize. Sponsor reserves the right to verify eligibility qualifications of the winners. No group entries. This Giveaway is void where prohibited.
HOW TO ENTER:
NOTE: Participation must be made by the App account holder, and only via the App. Claims made by any other individual or any entity, and/or originating at any other website or other method, including but not limited to commercial giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway. Tampering with the claim process or the operation of the Giveaway, including but not limited to the use of any device to automate the claim process, is prohibited and any claims 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 claim cannot be resolved to Sponsor’s satisfaction, the affected claim will be deemed ineligible. Promotion Entities shall not be responsible for incorrect or inaccurate participant information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error that may occur in the processing of the claims in the Giveaway. Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of claims.
WINNER SELECTION AND NOTIFICATION:
Upon the commencement of the Promotion Period, the first eight (8) eligible individual App account holders who claim one (1) of the available Prizes, until a total of eight (8) Prizes have been claimed, will be eligible to receive a Prize. The process for determining the order of claims will be conducted by Administrator, using methods selected by Administrator in its sole discretion. Potential winners will be notified by email, using the contact information associated with their App accounts. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding each prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. If a dispute regarding eligibility cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor may successively attempt to contact up to two (2) potential winners of each Prize in accordance with such procedure, and if there is still no confirmed winner of the applicable Prize after such attempts, if any, have been made, such Prize may go unawarded.
PUBLICITY RELEASE: By participating in the Giveaway, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any participant in and/or winner of the Giveaway, each participant irrevocably grants to Promotion Entities and their respective successors, assigns and licensees, the right to use such participant’s name, photograph, likeness, voice, biographical information, and any other personal characteristics, in addition to the participant’s statements, and address (city and state) in any and all media now known or hereafter developed for any purpose, in perpetuity, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Tribeca Film Festival and/or the Giveaway or other promotions, and each participant and/or prize winner hereby releases Promotion Entities from any liability with respect thereto.
PRIZES/ODDS: There are eight (8) Prizes available, each claimable while supplies last.
Each Prize consists of a code redeemable for one (1) Tribeca Hub Pass, good during the 2016 Tribeca Film Festival, taking place in New York, New York, from April 13, 2016 through April 24, 2016. The participant will receive instructions to redeem the code for one (1) Tribeca Hub Pass, all subject to availability and applicable terms and conditions. The total approximate retail value (“ARV”) of each Prize is Five Hundred Fifty U.S. Dollars (US$550).
Each Prize winner must be eighteen (18) years of age or older in order to claim and redeem the Prize. Each Prize winner and his/her guests will be solely responsible for any other expenses not specifically stated in these Official Rules that are incurred in connection with the Prize (including, but not limited to, all expenses and incidental travel costs.
The 2016 Tribeca Film Festival is taking place in New York, New York, from April 13, 2016 through April 24, 2016. If a Prize winner is unable to participate in the Prize activities during the dates set forth above, the Prize may be forfeited in its entirety. Nothing set forth herein shall be construed to require Sponsor to hold the 2016 Tribeca Film Festival in any particular place, at any particular time, or at all. In the event that the 2016 Tribeca Film Festival as listed in the Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “Force Majeure” (defined below), or for any other reason, then the Prize may be forfeited in its entirety and no compensation will be awarded to the applicable Prize winner.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if the Prize listed is unavailable, in whole or in part, for any reason. The total ARV of all Prizes is Four Thousand Four Hundred U.S. Dollars (US$4,400).
GENERAL PRIZE CONDITIONS: Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, e-mail, television and print advertising, promotional packaging, and other Giveaway materials are for illustrative purposes only. Actual Prize may vary from the prize(s) pictured. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Prize winners 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 potential winners will each be required to execute an Affidavit of Eligibility, a Liability Release, a Form W-9 concerning the prize and (where 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 prize 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 relevant Prize Claim Documents within forty-eight (48) hours of prize notification, the potential winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway. 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 Entities 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. Participants (and any minor participant’s parent or legal guardian) agree that Sponsor (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 Giveaway or any Giveaway-related activity, or from participants’ 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 a participant’s, or any other person’s, device which is occasioned by entering the Giveaway or otherwise participating in the Giveaway, 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 submissions or 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 Giveaway, to be acting in violation of these Official Rules, or to be acting in an unsportsman/unsportswoman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, 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. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway 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 Giveaway as contemplated herein. In the event an insufficient number of eligible claims are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its reasonable control, including but not limited to fire, storm, flood, earthquake, explosion, accidents, public disorders, civil unrest, disease outbreak, sabotage, acts of terrorism, acts of war (declared or undeclared), labor shortages riots or acts of God or public enemy, satellite or equipment failure, 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, or terminate the Giveaway. 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 PARTICIPANTS, ADMINISTRATOR OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK 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.
NO INJUNCTIVE RELIEF: Each participant understands and agrees that the participant shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Tribeca Film Festival.
ARBITRATION PROVISION: By participating in this Giveaway, each participant agrees that any and all disputes the participant may have with, or claims participant entrant may have against, Sponsor relating to, arising out of or connected in any way with (i) the Giveaway, (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 administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Giveaway. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. The arbitrator shall not have the power to impose injunctive relief to the participant. The Code of Procedure and other information, including a fee schedule, may be obtained from the National Arbitration Forum website (www.arb-forum.com) or by calling 800-474-2371.
If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision, or the invalid or illegal portion of a provision, were not contained herein.
OFFICIAL RULES: These Official Rules will be posted at https://tribecafilm.com/crescendorules during the Promotion Period.
© 2016 Tribeca Film Festival NYC, LLC. All rights reserved.