OPENING NIGHT FLASH SALE RULES AND REGULATIONS
TRIBECA FILM FESTIVAL OPENING NIGHT FLASH SALE RULES
Void outside of New York. Promotion begins on August 16, 2016 at [10:00:01] AM Eastern Time (“ET”) and ends on August 18, 2016at [11:59:01] PM ET on (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion. This Promotion is not endorsed by or otherwise affiliated with New York Media LLC or Eventbrite in any way.
1 ELIGIBILITY: THE TRIBECA FILM FESTIVAL® OPENING NIGHT FLASH SALE (THE “PROMOTION”) IS OPEN TO NEW YORK RESIDENTS ONLY WHO ARE 18 YEARS OF AGE OR OLDER AT ENTRY. Employees, officers, and directors of Tribeca Enterprises LLC (“Sponsor”), or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, (collectively, the “Promotion Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners.
2. SPONSOR: Tribeca Enterprises LLC, 375 Greenwich Street, New York, NY 10013.
3. ENTRY: During the Promotion Period, visit the Opening Night Special Sale webpage, available here https://tribecafilm.com/2017-opening-night-special-sale, and sign up to become a Tribeca Insider by providing your zip code, date of birth, and e-mail address. Upon completion and submission of the registration form, you will be asked to confirm your entry into the Promotion and by clicking “yes”, you will automatically will be entered with one (1) entry into the Promotion. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification. LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. No copies, facsimiles, or mechanical reproductions of the entry form will be accepted. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Opening Night Flash Sale invitation (as defined below). Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest
4. SELECTION OF WINNER: On or about August 19, 2016, Sponsor will select ten (10) potential winners in a random drawing from among all eligible entries received. The odds of winning Opening Night Flash Sale (as defined below) are based on the number of eligible entries received. The potential Opening Night Flash Sale winners will be notified by email and/or telephone on or about August 19, 2016. If a potential Opening Night Flash Sale winner cannot be contacted in person via email and/or telephone after the first attempt to contact him/her, or in the event that a potential Opening Night Flash Sale winner is disqualified for any reason, Sponsor will award such Opening Night Flash Sale to an alternate winner selected by a random drawing from among all remaining eligible entries. Only up to fifteen (15) alternate drawings will be held, after which the remaining Opening Night Flash Sale invitations will remain un-awarded.
All potential Opening night flash sale WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner unless and until entrant’s eligibility HAS been verified.
5. OPENING NIGHT FLASH SALE PRIZE: Only twenty-four (24) Opening Night Flash Sale invitations will be awarded. Opening Night Flash Sale (also referred to herein as the “Prize”) consists of an exclusive invitation by Sponsor to purchase up to two (2) tickets to the 2017 Tribeca Film Festival Opening Night and After Party events to take place on April 19, 2017 in New York, New York for fifty-dollars ($50.00USD) per ticket (the “Opening Night Flash Sale Tickets”). Each Opening Nigh Flash Sale winner must purchase the advance ticket(s) within forty-eight (48) hours of notification by Sponsor that he/she has been awarded Opening Night Flash Sale Tickets and the failure to purchase ticket(s) during this time shall be deemed as the selected winner’s waiver of his/her Opening Night Flash Sale invitation. The fair market value of Each Opening Night Flash Sale Ticket is approximately $200 (general admission). Total purchase price of all Opening Night Flash Sale Tickets (general admission) available through this Promotion: Four-Thousand Eight Hundred Dollars ($4,800.00USD).
NOTICE OF RIGHT TO CANCEL: ALL ENTRANTS ACKNOWLEDGE THAT HE/SHE MAY CANCEL THE PURCHASE OF THE OPENING NIGHT FLASH SALE TICKETS AS A RESULT OF WINNING OPENING NIGHT FLASH SALE UNTIL MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DAY ON WHICH HE/SHE PURCHASED THE OPENING NIGHT FLASH SALE TICKETS. TO CANCEL, EMAIL BOXOFFICE@TRIBECAFILM.COM AND SPECIFY THAT YOU WISH TO CANCEL YOUR PURCHASE AND PROVIDE YOUR PURCHASE RECEIPT FROM EVENTBRITE.COM.
PRIZE RESTRICTIONS: Limit one (1) prize per person, per household. BY ENTERING THIS PROMOTION, EACH ENTRANT HEREBY AGREES AND ACKNOWLEDGES THAT EACH PRIZE TO BE AWARDED IS THE OPENING NIGHT FLASH SALE INVITATION AND THAT A PURCHASE IS REQUIRED FOR THE OPENING NIGHT FLASH SALE TICKETS. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including travel to and from the 2017 Tribeca Film Festival in New York, New York, are the responsibility solely of winner. Opening Night Flash Sale Tickets cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Opening Night Flash Sale cannot be used in conjunction with any other promotion or offer. Only the number of Opening Night Flash Sale invitations stated in these Official Rules is available to be won. If, by reason of a print or other error, more Opening Night Flash Sale invitations are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of Opening Night Flash Sale invitations available.
Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of Prize Winner’s or Guest’s acceptance or use of the Prize
6. GENERAL CONDITIONS: This Promotion is governed by the laws of the United States. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Sponsor, and its/agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware);technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment
7. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, AND ITS RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS
8.DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate State Court located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
10. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit tribecafilm.com/opening-night-flash-sale.For a list of winners available after August 18, 2016 send a self-addressed, stamped envelope for receipt by August 22, 2017 to: Tribeca Enterprises LLC, 375 Greenwich Street, New York, NY 10013, Attn: Tribeca Film Festival Opening Night Flash Sale Promotion.
Copyright ©2016 Tribeca Enterprises LLC. Tribeca Film Festival® is a registered trademark of Tribeca Enterprises, LLC. All rights reserved.