MARCUS THEATRES CORPORATION SUMMER SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN,
NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING
1. SPONSOR/SWEEPSTAKES ENTITIES: This sweepstakes is sponsored by Marcus Theatres Corporation, 100 E Wisconsin Ave., Suite 2000, Milwaukee, WI 53202, together with its affiliates, subsidiaries, agents and employees (collectively, “Sponsor”). The Sponsor, Funjet Vacations, The Mark Travel Corporation, LaMacchia Enterprises and all of their respective agents, affiliates, subsidiaries, parent companies, advertising and promotion agencies, employees, officers, directors, members and shareholders, shall be referred to collectively as the “Sweepstakes Entities.”
2. ENTRY PERIOD: The Sweepstakes begins on June 25, 2010, at 12:01AM Central Daylight Savings Time and ends on August 15, 2010 at 11:59 p.m. Central Daylight Savings Time (“Entry Period”).
3. HOW TO ENTER: Visit the Sponsor’s website www.marcustheatres.com. Entrants need to complete the online entry form. Entries must be received by 11:59 p.m. August 15, 2010. All notifications in the Sweepstakes will be sent by e-mail, telephone or mail and by entering this sweepstakes entrants give their express permission to be contacted by Sponsor by telephone, e-mail and/or postal mail. The Sponsor is not responsible for, and may disqualify you, if your e-mail address does not work or if it is changed. Entries made through other websites, contest consolidators or any other automated process will not be accepted and will result in disqualification. Entries become the property of the Sponsor and will not be acknowledged or returned.
4. ELIGIBILITY: Only one (1) entry per person. You must be at least 21 years or older at time of entry and a legal resident of the state of Wisconsin, Iowa, Illinois, Minnesota, Nebraska, North Dakota or Ohio (“Eligibility Area”) to enter. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Duplicate entries from the same person/address/household will be automatically eliminated. Multiple entrants are not permitted to share the same e-mail address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winners may be required to show proof of being the authorized account holder. Employees of Sponsor, including but not limited to The Marcus Corporation, Marcus Theatres Corporation and Marcus Hotels, Inc., the Sweepstakes Entities, Funjet Vacations, The Mark Travel Corporation and LaMacchia Enterprises, their respective subsidiaries or affiliates; or the advertising, promotional or fulfillment agencies of any of them; nor members of their immediate families or same households (whether related or not) are not eligible to participate in the Sweepstakes or to win any prize. Online entries must be received by the end of the Entry Period. Any entries received after August 15, 2010 will be disregarded and not included in the drawing. Void outside of the Eligibility Area and where prohibited or restricted by law. All federal, state and local laws and regulations apply.
5. PRIZES:
GRAND PRIZES: One (1) Grand Prize consisting of a Funjet vacation package for four (4) to Cancun, Mexico awarded to one (1) winner:
Park Royal Cancun, Cancun, Mexico (Approximate Retail Value of $995 per person depending on dates of travel):
• Four (4) round trip charter/value economy airfares on Delta Airlines/Funjet Vacations value flights from major domestic U.S. gateway city closest to winner’s home.
• Five (5) hotel nights, standard room at the all inclusive Park Royal Cancun, Cancun, Mexico.
• Roundtrip airport/hotel ground transportation for four (4).
Travel must be taken September 10, 2010 – September 30, 2011. Winner is responsible for transportation to/from a Funjet Vacations’ departure city. Travel is subject to availability and is not allowed over holidays, blackout dates or convention periods. Confirmation will be given on a space available basis only. Once a reservation is made, no changes are permitted. Government imposed per passenger travel taxes (approximately $125.00 per person) are not included and are payable by winner prior to travel. Grand Prize (and/or any portion thereof) is nontransferable, except to a surviving spouse residing in the same household, and non-exchangeable. No substitutions or cash redemption of Grand Prize is permitted except that Funjet Vacations retains the right to substitute a prize of equal or greater retail value. Additional restrictions may apply. Should either the hotel or destination be dropped from the Funjet Vacations product line prior to booking, FJV shall have the right to substitute a comparable hotel or destination. Transportation to/from the airport, other ground transportation, meals, incidentals, tips, fees and surcharges, and all other costs, except those specifically indicated, are the responsibility of the winner. Winner is responsible for all federal, state and local income taxes. Winner and guests must travel together on the same itinerary.
Winner and guests are responsible for providing all necessary travel documentation, including passports. Funjet Vacations will not rebook or revise any reservations if travelers do not possess a valid U.S. Passport by their date of departure. IMPORTANT NOTICE REGARDING NEW PASSPORT REQUIREMENTS FOR INTERNATIONAL TRAVEL: As of January 23, 2007, all international travelers must present a government issued passport for U.S. Customs re-entry after air, land or sea travel. For more information, please visit the State Department’s consular website www.travel.state.gov or the U.S. Department of Homeland Security’s website www.dhs.gov. It is the traveler’s responsibility to provide proper documentation. Married or divorced women traveling under names other than what is printed on their travel documents must supply a marriage license and/or divorce decree.
Grand Prize winner and guests must complete and sign the Sponsor’s Affidavit of Eligibility/Liability/Publicity Release and Funjet Vacation’s Bill of Rights prior to booking travel. Guests of Grand Prize winner must be at least 21 years of age as of August 15, 2010 except to the extent that the Grand Prize winner is the parent or legal guardian of such guest(s).
RUNNER-UP PRIZE: Twenty-five (25) pairs of Marcus Theatres’ movie passes (Approximate Retail Value of $20.00 per pair, actual value may vary depending on date/time of movie and location of theatre). Passes are not valid on Saturdays or for movies that are pass list suspended.
No substitutions or cash redemption of Runner-up Prize is permitted except that Sponsor retains the right to substitute a prize of equal or greater retail value. Additional restrictions may apply. Transportation to/from the theatre, other ground transportation, meals, incidentals, tips, fees and surcharges, and all other costs, except those specifically indicated, are the responsibility of the winner. All Federal, state and local taxes are solely the winner’s responsibility.
6. SELECTION OF WINNERS: A random drawing will take place in Milwaukee, Wisconsin on or about August 23, 2010. Winner will be selected from all eligible entries received, by representatives of the Sponsor, whose decisions are final and binding. Odds of winning depend on total number of eligible entries received.
Prize winners will be notified on or about August 23, 2010 by telephone, mail or e-mail provided at the time of entry. Sponsor is not responsible if any prize notification or prize certificate is not received for any reason.
Limit of one (1) prize per person or household. Disqualification and the selection of an alternate Grand Prize or Runner-Up Prize winner will result from any of the following: (1) winner’s inability to accept prize; (2) failure of a potential winner to execute and return an Affidavit of Eligibility/Liability/Publicity Release within the deadline stated by Sponsor in the prize notification; (3) the return of a prize notification as undeliverable; or (4) any other non-compliance with Official Rules (“Rules”). All Federal, state and local taxes are solely the winner’s responsibility. Any portion of the prize not accepted by the winner will be forfeited. Sponsor and Sweepstakes Entities are not responsible for the inability of the winner(s) to accept the prize for any reason.
7. RELEASE: By participation in the sweepstakes and, if applicable, receipt of any prize, each entrant agrees to release and hold harmless the Sponsor, the Sweepstakes Entities, Funjet Vacations and their respective subsidiaries, affiliates, advertising/promotion agencies, and each of their respective parent companies, and each such company’s managers, officers, directors, members, owners, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in, or in connection with the sweepstakes, or acceptance, receipt or use or misuse of any prize (including, without limitation, attorneys’ fees, claims, costs, personal 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 known or unknown, or whether under a theory of contract, tort (including negligence), warranty or other theory.
8. PUBLICITY: By accepting a prize, winner grants Sponsor, Sweepstakes Entities, Funjet Vacations and their respective agents’ the right to use and publish winner’s name, likeness, photograph, voice, opinions and/or hometown and state, biographical and prize information for advertising and promotional purposes in any media now known or hereafter developed, on-line and in print, worldwide, in perpetuity, without limitation, notice, attribution, payment or additional compensation to winner, his/her successors or assigns, or any other entity except where prohibited. If the Sponsor requests the entrant’s cooperation in promoting the sweepstakes, the entrant agrees to reasonably be available for such promotional activities.
9. GENERAL CONDITIONS: Neither Sponsor nor Sweepstakes Entities are responsible for the actions of entrants or other individuals in connection with the sweepstakes, including attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the sweepstakes. The Sponsor reserves the right to cancel, suspend and/or modify the sweepstakes, including any dates or deadlines, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of any part of the sweepstakes, as determined by the Sponsor in its sole discretion. In such event, the Sponsor reserves the right, in its sole discretion, to (a) suspend the sweepstakes to address the impairment and then resume the sweepstakes in a manner that best conforms to the spirit of these Official Rules, and/or (b) award the prizes at random from among the non-suspect, eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process or the operation of the sweepstakes or to be acting in violation of these Official Rules, applicable law, or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. LIMITATIONS OF LIABILITY: None of the Released Parties shall be liable to any entrant, his/her assigns or successors, or any other entity, and are not responsible, for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the sweepstakes; (d) technical or human error which may occur in the administration of the sweepstakes or the processing of entries; (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in, or in connection with, the sweepstakes, or acceptance, receipt or use or misuse of any prize; or (f) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. The Sponsor is 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 acts of terrorism. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the sweepstakes, or any part of it, for any reason, the Sponsor, at its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.
IN NO EVENT WILL THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF SPONSOR’S THEATRES AND/OR VENUES, OR DISCONTINUATION OF ACCESS TO ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this sweepstakes 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 Eastern District of Wisconsin or the appropriate Wisconsin State Court located in Milwaukee County, Wisconsin; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this sweepstakes, 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 an 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 sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving any effect to an choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
12. PRIVACY: By participating in the sweepstakes, each entrant authorizes the Sponsor to collect, use, process, transfer and store all data provided by entrant, including without limitation, personal data, within the Eligibility Area, the United States or any location(s) throughout the world that Sponsor deems necessary, whether within the United States of America or elsewhere, and with such party(ies) as the Sponsor deems appropriate, including but not limited to the Sweepstakes Entities, for purposes of administration of the sweepstakes. All information submitted to the Sponsor as part of this sweepstakes will be treated in accordance with Sponsor’s privacy policy, available at http://www.marcustheatres.com/Privacy/. Personal information will be used only to: (a) provide information about the sweepstakes; and/or (b) contact and publicize potential winners. Entrants to the sweepstakes will be given the option to receive commercial e-mails from the Sponsor, Sweepstakes Entities, and/or Funjet Vacations, however, eligibility to participate in the sweepstakes is not dependent upon the entrant’s consent to receive such e-mails and opting in to specific offer(s) does not improve an entrant’s chances of winning. Additionally, if entrant chooses to opt-in to a specific offer from Sponsor, Sweepstakes Entities, and/or Funjet Vacations, entrant’s personal information will be subject to that participating entity’s privacy policy and terms of service (if applicable) and such entrant agrees to receive e-mail communication from that participating entity.
13. WINNER LIST: Requests for the Winners List will only be accepted after the end of the Entry Period and not later than November 30, 2010. For a copy of the Winners List, send a self-addressed, stamped #10 envelope to: Marcus Theatres Corporation Summer Sweepstakes, 100 E. Wisconsin Avenue, Suite 2000, Milwaukee, WI 53202.
14. SEVERABILITY, HEADINGS: If any provision of the Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in the Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.
15. FUNJET VACATIONS. No sponsorship, endorsement, approval or responsibility for this promotion by Funjet Vacations is intended or implied. Marcus Theatres Corporation is not affiliated with Funjet Vacations. “Funjet Vacations” and logo is a registered trademark of Funjet Vacations, used with permission.