Official Rules (presented by Armando Montelongo Companies)
General and Definitions: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. Void where prohibited. Some restrictions apply. One entry per person. The person entering this Sweepstakes is referred to as the “Entrant”. The Armando Montelongo Companies #FlippingScared Sweepstakes is sponsored by Media Vantage, LLC (hereinafter referred to as the “Sponsor”). Collectively, the Sponsor and the Entrant will be referred to as the “Parties”. By entering the Armando Montelongo Companies #FlippingScared Sweepstakes (hereinafter referred to as the “Sweepstakes”), Entrant agrees to be bound by these Official Rules, which shall constitute a contract between Entrant and Sponsor. All decisions of Sponsor with respect to the Sweepstakes shall be final.
Void where prohibited by law or regulation, the Sweepstakes shall be developed and administered through Sponsor’s home office. Sweepstakes will offer two (2) Entrants each a Grand Prize of one (1) Alamo Drafthouse gift card with a $25 value, or an alternative prize of roughly equivalent value, at Sponsor’s sole discretion (“Grand Prize”) as the Sweepstakes prize, subject to the rules set forth herein. Sponsor reserves the right to deny the Grand Prize to the Entrants at Sponsor’s sole discretion. These official rules will hereinafter refer to the winning Entrants as “Winner”.
How to Enter: The Sweepstakes will be held from 5pm Friday, January 22, 2016 until 5pm Sunday, January 24, 2016 (the “Sweepstakes Period”). The Sweepstakes Period can be adjusted by Sponsor as necessary in accordance with these Sweepstakes rules. An individual may enter the Sweepstakes during the Sweepstakes Period in the following way: “follow” the Armando Montelongo profile (@armando_montelongo) on Instagram located at the URL https://www.instagram.com/armando_montelongo/, OR “follow” the Armando Montelongo profile (@montelongo) on Twitter located at the URL https://twitter.com/montelongo, and submit a post on either platform using the hashtags “#AMCTerrorExpo” and “#FlippingScared” accompanying a self-portrait photograph from Sponsor’s photo booth at the Terror Expo. Entries generated by script, macro or other automated or mechanical means and entries by any means which subvert the entry process will not be accepted. Incorrect and incomplete entries are void. Sponsor will determine the timing of the entry by the time stamp on the post that is made. Entrants who previously “followed” one or both will have already completed that portion of the eligibility requirements.
Eligibility: This Sweepstakes is open only to legal residents of the U.S. and its territories, possessions and commonwealths who are 18 years of age or older as of the Date when the Sweepstakes Period begins. Employees, officers, directors, and affiliates of Sponsor, as well as their immediate family members and the residents of their households, are not eligible to participate in any Sweepstakes. Entrant may enter the Sweepstakes only once regardless of how many qualifying posts they make.
Sponsor reserves the right to conduct a background check on the potential Winners and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the Prizes to such potential Winner might reflect negatively on Sponsor or for any other reason.
Sponsor has endeavored to comply with all legal requirements in developing the Sweepstakes and will not knowingly accept entries from residents of jurisdictions where the Sweepstakes does not comply with the laws of the jurisdiction in which the individual resides. If any governmental entity determines that an Entrant violates applicable laws or regulations, the Sponsor shall have the right, in its sole discretion, to disqualify an Entrant from the Sweepstakes.
General Conditions: Subject to its sole discretion, Sponsor reserves the right to disqualify any Entrant that has: (1) violated the Official Rules; (2) interfered with the Sweepstakes; (3) attempted to manipulate the Sweepstakes results; (4) submitted material that is either illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, or violates any rights of third parties, including and not limited to intellectual property rights, right of privacy, or right of publicity; or (5) provided false information to Sponsor. Sponsor will not discriminate in any way in choosing Winners, including on the basis of race, color, national, or ethnic origin. Sponsor also reserves the right to suspend the Sweepstakes in the event of unforeseen circumstances beyond the Sponsor’s control such as catastrophic occurrences, acts of God, or civil disturbance that render it impractical or impossible to complete or fulfill the Sweepstakes.
Except where prohibited by law, the Winner must agree to and execute the following releases to be eligible to claim the Grand Prize: Release of Liability and Publicity. The documents release Sponsor from liability related to or arising from the Sweepstakes, and authorize Sponsor to use the Winner’s name, image, likeness, voice, and biographical information for publicity purposes. The Winner will also be required to provide any other information needed by Sponsor to comply with applicable laws and regulations.
Sweepstakes Cancellation: Sponsor may cancel, alter, or discontinue the Sweepstakes at any time in its sole discretion without notice to Entrants or any other parties. These rules will reflect all changes to the Sweepstakes and may be changed at any time without notice to Entrants or any other parties.
How the Winner will be Determined:
Prize: There will be two (2) Winners chosen at random out of the eligible Entrants. Before entering the Sweepstakes, Entrants should carefully review these official rules. Provided that all Sweepstakes requirements have been met, the 2 Prize Winners will each receive one (1) Grand Prize of one (1) Alamo Drafthouse gift card with a $25 value, or an alternative prize of roughly equivalent value, at Sponsor’s sole discretion.
Winnings of tangible prizes in a Sweepstakes in the United States are subject to gift taxes. Prize winnings are not taxable in some states, but are subject to federal tax from the Internal Revenue Service. The Sponsor is required to report the winning of prizes to the Internal Revenue Service.
General Prize Conditions: Some restrictions may apply. The Prize cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prizes, or portions thereof, with a prize of comparable or greater value, at its sole discretion.
The Winners will be notified using the contact information the company has for Entrant or in person at the Event within 2 hours of the Prize being awarded. If Sponsor does not receive a response from Winners within one hour of notification being sent, or if a Winner is disqualified, then the Prize will be forfeited and an alternative Winner will be chosen. Sponsor is not responsible for inaccuracies in the contact information provided by the Entrants.
Odds of Winning: The odds of winning the Sweepstakes will vary based on the number of entries received during the Sweepstakes Period. A rough estimate is between 1 in 100 and 1 in 200.
Prize Valuation: The Grand Prize valuation shall be a sum roughly equivalent to 25 United States dollars at the time the Prize is awarded.
Winners List: Beginning on or about 1pm, January 26, 2o16 you may obtain the name of the Winner by mailing a self-addressed stamped envelope to: Armando Montelongo Companies #FlippingScared Sweepstakes – Prize Winner, 2935 Thousand Oaks Drive #6-285, San Antonio, TX 78247. Requests received 90 days after the conclusion of the Sweepstakes will not be honored.
Publicity Release: All Winners are subject to executing a Publicity Release to allow Sponsor to publically announce, through all forms of media, including local and national newspapers, press releases, television, radio, web sites, and social media platforms both mobile app based and web browser based, the Winners of the Sweepstakes. Winners of prizes agree to participate in interviews with Sponsor or Sponsor’s assigned publicist. By accepting the Prize, Winners grant Sponsor permission for the use of his/her name, likeness, and biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law. Winners also grant Sponsor the rights to use, distribute, and rebroadcast recorded interviews and press through media sources selected by Sponsor.
Limitations on Liability: Each person who enters the Sweepstakes: (a) agrees that the Sponsor, its directors, officers, employees, agents, representatives, and all other Grand Prize providers are not responsible for any injuries, losses or damages of any kind arising in connection with, or as a result of, this Sweepstakes and/or that person’s failure to win or redeem any Grand Prize, or that person’s award of, acceptance of, or use of, any Prize; and (b) releases and agrees to indemnify, defend, protect, and hold harmless the Sponsor, Instagram, Twitter, and all other Grand Prize providers and each of its respective officers, directors, shareholders, employees, agents, contractors, insurers, attorneys and affiliated entities from and against all losses, damages, rights, claims and actions of any kind, including the violation of intellectual property rights, arising in connection with, or as a result of, this Sweepstakes and/or that person’s failure to win or redeem any Grand Prize, or that person’s award of, acceptance of, or use of, any prize; (c) represents and warrants to the Sponsor that he/she has read and understands these Rules and agrees to be bound by these Rules and the Sponsor’s decisions, which will be final.
In no event will Sponsor, its employees, officers, directors, employees, representatives, agents, or judges of the Sweepstakes, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, statutory or punitive damages. Except prohibited by law, with respect to the Sweepstakes and to the Prizes, Sponsor makes no warranty of any kind, either express or implied, as to the Prize. Entrants should check their local laws regarding restrictions on disclaimer of warranties.
Dispute Resolution: By entering the Sweepstakes, Entrant agrees that any dispute arising out of or relating to the Sweepstakes shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitrations Association under its arbitration rules. Entrant further agrees that any judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. The venue of the arbitration shall be in Bexar County, Texas, USA, and shall not be subject to transfer to another venue or locale for any reason.
Entrant further agrees that any litigation related to or arising out of the Sweepstakes shall be brought only in the County Court, County of Bexar, or the United States District Court, Western District, San Antonio, Texas. Entrant has irrevocably and unconditionally consented to the jurisdiction of any such court and hereby irrevocably and unconditionally waives any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and to any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Each Entrant further agrees that the Entrant will not commence or participate in any litigation or proceeding, either as a class representative or as a class member, and that Entrant will never seek to obtain from Sponsor awards for, and he hereby waives all rights to claim, statutory, punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes).
Governing Law: Sponsor is a Delaware corporation with foreign corporate status in the state of Texas. By entering this Sweepstakes, you agree that the statutes and laws of the state of Texas will apply to the Sweepstakes, these Official Rules, the entire relationship between Sponsor and Entrants, and any legal proceeding arising therefrom (whether grounded in tort, contract, law or equity).
Severability: If any portion of these Official Rules herein be deemed invalid for any reason, including conflicts with local laws or regulations governing administration of Sweepstakes, such invalidity shall have no effect upon the remaining portions of these Official Rules.
Entire Agreement: These Official Rules are the entire agreement between Sponsor and Entrants as it pertains the Sweepstakes. Except to the extent reference is made thereto in these rules, there are no other representations, warranties, promises, agreements or understandings, oral, written or implied, among the Parties.
Sponsor: Media Vantage, LLC, 2935 Thousand Oaks Drive #6-285, San Antonio, TX 78247.