Fancaster Competitions
The Cabaret Fancaster Challenge
Rules Information
The CABARET Fancaster® ChallengeOfficial Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY.
The “CABARET Fancaster® Challenge (“Contest”) is open only to legal U.S. residents, 18 or older. Employees, officers, and directors of Fancaster, Inc. ("Sponsor"), Warner Bros. and its affiliates, retail establishments hosting Contest entry, their respective parent companies, affiliates, subsidiaries, advertising, promotion and other agencies, other entities involved in the development, administration/implementation and/or fulfillment of the Contest (“Contest Entities”), and their immediate family members (parents, children, siblings, spouse) and members of their same households (whether related or not) are not eligible. Persons who are professional broadcasters or announcers (defined as those who receive or have received compensation, including a prize or award, for their broadcasting/announcing) are also ineligible. Void outside the U.S. and where prohibited by law.
2. CONTEST THEME & OVERVIEW.
The theme of the Contest is to find the best movie reviews for the film, CABARET. During The CABARET Fancaster® Challenge” Contest, participants will provide their own reviews of the new film, and these performances may be posted on www.fancaster.com (“Web Site”) for purposes of public voting. The Contest will be offered in conjunction with The 40th Anniversary showing of the film CABARET at the Ziegfeld Theater in New York City. Each retailer will have its own local version of the Contest (“local contest”). Generally, the Contest will begin in February, 2013 and will end in May, 2013. However, actual Contest deadlines for a given FANCASTER program may vary..
3. CONTEST ENTRY.
A. Steps. To participate in the local contest for The CABARET FANCASTER CHALLENGE, go to a participating movie theater in New York City during the 4oth Anniversary showing of the Film at the Ziegfeld Theater. (Once available, for The CABARET FANCASTER contest, the name and address of participating retail establishment(s) and a local contest schedule will be provided by e-mail request at promotions@fancaster.com). At the participating movie theater, obtain a Guest/Performer Release from Sponsor representative. Carefully review, the Guest/Performer Release as it releases Sponsor, retail establishment and Warner Bros. from liability as well as granting Sponsor rights to the performance to be created.** If you are in agreement with the terms of the Guest/Performer Release, complete, sign and return the Guest/Performer Release to the Sponsor representative. When called by the Sponsor representative, take the microphone, look into the camera, slowly speak your name and city/state of residence, and say “I have read, understand and agree to The CABARET Fancaster® Challenge Rules.” If you do not provide this information and statement, you will not be permitted to proceed. After you receive the “go” signal from the Sponsor representative, provide your review and commentary about the film. You must finish your movie review immediately once you hear the “stop” signal from the Sponsor representative. Extra time may only be granted by Sponsor representative in his/her sole discretion in extraordinary circumstances. The performance (referred to in the Guest/Performer Release as the “Programming/Publication”) will be recorded by a professional videographer. You must follow all instructions of Sponsor representative and videographer at all times; if you fail to do so, you may be refused the opportunity to create a performance and/or disqualified from the Contest with Sponsor having no liability or obligation to you.
B. Restrictions. Practice performances, which do not count for the Contest, will be allowed at the sole discretion of Sponsor representative, time permitting. Limit one (1) performance per try-out. Only a single person or duo may create a performance; no collaborative performances involving more than two (2) persons are permitted. In creating a performance, participant(s) understand and agree that he/she/they will NOT receive any compensation in conjunction with the creation, recordation, or posting of performance on Web Site (unless determined to be prize winner). As used in this subsection, “performance” refers both to the film review and commentaries originally created by participant(s) in retail establishment, theater, or other venue showcasing the version of performance as edited by Sponsor, as well as a thumbnail image of an excerpt of edited version of performance). Posting of performance on the Web Site does not signify that participant(s) submitting same has/have won a prize. Participant releases and agrees to hold harmless Sponsor and other Contest Entities from any and all liability associated with editing, recordation or posting of performance, including his/her express acknowledgment that (a) the performance as posted on the Web Site may differ from the performance as created by participant at retail establishment; (b) the performance will be attributed to participant(s) by “First Name, Last Initial”; and (c) performances will be displayed in a “gallery” in any pattern, sequence or format, as determined by Sponsor in its sole discretion and Sponsor may (or may not) alter, rotate or rearrange the pattern, sequence or format of such performances at time(s) of its sole choosing. Participants should allow approximately (10) business days from the date of creation of performance at retail establishment for posting on Web Site, but Contest Entities (including Sponsor) caution that, due to space constraints and/or other logistical issues, it is possible that not all performances created at retail establishments will be posted on Web Site. Contest Entities (including Sponsor) disclaim any and all liability resulting from any delay in posting of performance, failure to post performance or failure of performance to remain posted on Web Site.
** In the event of any inconsistency between the Guest/Performer Release and these Official Rules, the Official Rules shall prevail, govern and control.
C. Grounds for Disqualification. A performance may be disqualified, at the sole discretion of Sponsor, if it is determined by Sponsor that participant(s) engage (or attempt to engage) in any of the following conduct: (i) entry in the Contest through any means other than as expressly described in these Official Rules; (ii) disruption of the Contest, circumvention of the terms and conditions of these Official Rules, or in any way tampering with any component of the Contest (including manipulation of voting totals); (iii) creation of a performance that Sponsor deems inappropriate or unfit for publication (e.g., performances with nudity, profanity or racist content will be disqualified); (iv) violation of the rights of publicity, privacy, trademark, copyright or other rights of any third party and/or is libelous, scandalous, or defamatory; (v) promotion of a commercial/business enterprise, a charity, political, religious cause or any cause or thing other than the participant(s) him/herself/themselves; and/or (vi) activity deemed by Sponsor in its sole discretion to be inappropriate, obnoxious, belligerent or anti-social (including failure to comply with the instructions of Sponsor representative or videographer; abusive, threatening or hostile behavior toward Sponsor representative, videographer or any other participant). Sponsor acts merely as a passive conduit for the online display of performances and has no obligation to and expressly disclaims any and all responsibility for (and liability in conjunction with) screening, monitoring or reviewing performances.
4. DETERMINATION OF WINNERS.
A. Overview.
The CABARET FANCASTER CHALLENGE contest consists of one (1) round.
There will be one (1) try-out per Round, with finalists per try-out. Winners in the Finalist Round to determine the best performance for this promotion. The winner of the Finalist Round Prizes will win the Grand Prize.
In the finalist round, the participants’ performances will be posted on Web Site for popular vote. The performance(s) with the highest star rating (1 star being the lowest and 5 stars being the highest) will be the winners. Winners will be notified by telephone or e-mail approximately seven (7) days after conclusion of the Voting Period for the finalist round
Voting Periods for each round for each round as well as for the Grand Prize Round will be at least seven (7) calendar days. See Rule 5 below for additional information regarding
voting.
In the event of a tie vote, the winning performance will be the performance among the tied performances that received the highest total number of votes recorded by Sponsor in the voting period for the applicable round. The participant(s) who authored a winning performance in the finalist round will receive a prize which includes the opportunity to participate in the next round of the applicable team’s local contest (as applicable), be it the Semi-Finalist, or Finalist Round. If prize is won by performance created by a duo, the prize, in any round, will be split among the duo (e.g., for the Preliminary Round Prize, each member of duo will receive one (1) DVD and Blu Ray of the film, CABARET, where both members of the duo will create an additional performance) except where expressly indicated otherwise. In all cases, participant(s) must create additional performance(s) solely by him/herself/themselves: use of substitutes, proxies or surrogates is prohibited.
B. Finalist Round.
The Finalists for The CABARET FANCASTER CHALLENGE will be featured online on fancaster.com from approximately February 14, 2013 Through May 15, 2013. (“Finalist Performance”). The Finalist Performances will be posted for public voting on Web Site. The top three (3) scoring Finalists will win both a DVD and Blu Ray of the film, CABARET.
If Finalist Round Prize winner is a duo, the prize will be shared by the two (2) members of the duo,
The total ARV of the Finalist Round. Prize may be up to $100. (Actual value will depend on current retail price of DVD and Blu Ray of the film CABARET. An individual may only win up to one (1) Finalist Round Prize.
5. VOTING.
To vote in any round, an individual must first register at Web Site. A purchase or payment is not required to register or vote. To register, you must provide basic contact information (including your name and e-mail address). A valid e-mail address is required. By using the Web Site and providing personal information, you agree to the Web Site’s privacy policy. Limit of one (1) vote per e-mail address per performance.
6. LEADER BOARDS.
Sponsor disclaims any and all liability for the accuracy, completeness or recency of the
information on any Leader Board for any given round (or try-out in a round) of The CABARET FANCASTER CHALLENGE may be given at anytime upon written request to promotions@fancaster.com. Sponsor reserves the right at any time, without notice or liability of any kind, to revise, amend or modify the information on any Leader Board. Sponsor may update Leader Board(s) at time(s) of its sole choosing and in its sole discretion. Inclusion of one’s performance and first name/last initial on a final Leader Board (or any other posted Leader Board) for any given round (or try-out in a round) of the CABARET FANCASTER CHALLENGE does NOT constitute a representation by Sponsor that he/she has won a prize and is in no way binding upon Sponsor.
7. PRIZE RESTRICTIONS.
All costs and expenses not specifically listed above are the sole responsibility of winners; for Prizes. For all prizes, winners must provide a valid and legitimate mailing address in which to receive prizes.
No prize substitution except at Sponsor’s sole discretion due to prize unavailability of any kind and only then for prize of equal value. No prize transfer. Winner will be solely responsible for all applicable taxes on prize(s) won; if fair market value of prizes won by an individual is $600 or more, he/she will receive a 1099 Tax Form for the year the prize(s) were won.
Finalist Round Prize is subject to availability and other restrictions. In the event of noncompliance or if winner (of any prize) cannot be contacted for any reason, such winner will be disqualified and the prize forfeited, with an alternate winner being selected, time permitting. If a valid address is not provided or the winner cannot be located, an alternate winner will be selected. In such case, Sponsor will select an alternate winner to take the place of the disqualified winner from all remaining eligible performances for the finalist round of The CABARET FANCASTER CHALLENGE or otherwise, time permitting.
If applicable, guest of Finalist Round Prize winner (if a minor in jurisdiction of residence, his/her parent or legal guardian) must complete, sign and return a Release of Liability and Publicity Form (unless otherwise prohibited).
8. ADDITIONAL CONDITIONS OF PARTICIPATION.
A. Agreement to Rules; Releases.
By participating in the Contest, participant agrees (1) to be bound by and abide by these Official Rules and by all decisions of Sponsor/Sponsor representative, which are final, binding and not open to appeal; (2) to release and hold harmless Sponsor, each Contest Entity and their respective directors, officers, employees, subsidiaries, affiliates, agents, suppliers, divisions, agencies, licensees, successors and assigns (“Released Parties”), from any and all causes of action, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to his/her participation in the Contest, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, including but not limited to, third party claims that may be made against participants and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of participant, including without limitation, claims concerning infringement or invasion of his/her privacy or publicity rights, or defamation; (3) if he/she wins prize(s), by accepting prize(s), participant grants Sponsor the right to use his/her name, photo, likeness, image, voice and other indicia of persona for advertising/publicity/trade purposes without further notice or further compensation (except where prohibited by law); (4) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning participation in the Contest; and (5) that NEITHER SPONSOR, NOR ANY OF THE FOREGOING ENTITIES HAVE MADE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED ON AN “AS IS” BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY CONTEST MATERIALS OR ANY PRIZE.
B. Limitations of Liability.
Contest Entities disclaim any and all liability for (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, performances once posted on the Web Site; (b) performances and/or votes that (as applicable) are improperly recorded, uploaded, received or edited, incomplete, garbled, distorted, blurred or otherwise flawed or defective whether due to faulty machinery, mechanical error, human error, technological malfunction/failure/error of any kind (including computer hardware, software or telephone network/line difficulty), computer virus, unauthorized human intervention, tampering or hacking; (c) damage to an individual’s or a third party’s computer in conjunction with voting for performances; and (d) any typographical or other error in the printing of the offer, advertising or administration of the Contest.
C. Force Majeure.
If for any reason the Contest is not capable of being conducted as originally planned for any reason, including, without limitation, an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation or interruption of the 2013 CABARET FANCASTER CHALLENGE competition (or one or more retail sponsors fails to perform its duties including the maintenance of operations, or insolvency) of any of the sponsors, or any other causes beyond the control of Sponsor, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, or to conduct the Contest and make the prizes available in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on the Web Site. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
D. DISPUTE RESOLUTION/GOVERNING LAW/WAIVER OF JURY TRIAL
To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of a participant and/or Fancaster, Inc., shall be filed exclusively in the federal or state courts of Bergen County, New Jersey and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of a participant and/or Fancaster, Inc. shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (d) under no circumstances will an entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), 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 any participant and/or Fancaster, Inc., shall be governed by and construed in accordance with the laws of New Jersey without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of New Jersey or of any other jurisdiction.
9. WINNERS LIST/OFFICIAL RULES: For names of Finalist Round Prize winners or a copy of these Official Rules, send a Self-Addressed Stamped Envelope to “FILM SOCIETY OF LINCOLN CENTER Fancaster® Challenge” at Sponsor’s address below. Be sure to specify “Rules” or “Winners” on request. All requests must be received by July 31, 2013 to be honored.
SPONSOR: This Contest is sponsored by Fancaster, Inc., P.O. Box 3153, Fort Lee, NJ 07024. THIS IS NOT A CHANCE-BASED PROMOTION AS WINNERS WILL BE DETERMINED BY MEANS OF POPULAR VOTE.