2009 ESURANCE GAY DAYS FILM FESTIVAL SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: The 2009 Esurance Gay Days Film Festival Sweepstakes ("Sweepstakes") is sponsored by Esurance Inc., 650 Davis St., San Francisco, California 94111-1922 ("Esurance" or “Sponsor”) and Friends of the Festival, Inc., 150 5th Ave. N., Ste. 325, St. Petersburg, FL 33713 (“FOF” or “Sponsor” and, together with Esurance, the “Sponsors”), and is open only to legal residents of one of the 48 contiguous United States or the District of Columbia who are 21 years of age and older at the time of entry. Employees of Sponsors and Gay Days, Inc. (“GDI”) and their respective parent and affiliate companies, and each of their respective officers, directors, agents, representatives and immediate families (spouses, parents, children, siblings, (including "step" as they may apply) and each of their respective spouses, regardless of where they live) or members of their households whether legally-related or not, are not eligible.
2. Agreement to Official Rules: By participating in the Sweepstakes, you fully and unconditionally agree to these Official Rules and the decisions of Sponsors, which are final and binding in all matters related to the Sweepstakes. Whether a potential winner receives any applicable prize is contingent upon fulfilling all requirements set forth herein.
3. Entry Period: The "Entry Period" begins on June 4, 2009, and continues through June 6, 2009.
4. How to Enter: Entry must be made in person. You may enter the Sweepstakes by completing the following steps:
A. Visit either www.esurance.com/gaydays or www.cliptampabay.com and print the Sweepstakes registration form (an “Entry”) which is available at both of those sites;
B. Complete the Entry by filling in the requested information;
C. Bring your completed Entry to the 11th Annual Gay Days Expo (the “Expo”), scheduled to be held on each of the Entry Period days in the Royal Plaza Hotel, 1905 Hotel Plaza Blvd., Lake Buena Vista, FL 32830 (the “Royal Plaza Event Hotel”) during the hours specified at http://www.gaydaysexpo.com (the “Expo hours”) as part of the Gay Days Orlando, 2009 event (the “Gay Days Event”);
D. While at the Expo, visit the Tampa International Gay & Lesbian Film Festival (“TIGLFF”) and Esurance booths, and have your completed Entry stamped by a Sponsor representative at both booths; AND
E. Submit your completed Entry (which must include stamps from both the Esurance and TIGLFF booths) in one of the designated receptacles, which shall be located at both the Esurance and TIGLFF Expo booths during the Expo hours on any day of the Entry Period.
All Entries must be received by Sponsors during the Entry Period, within the Expo hours; and all submitted materials including, without limitation, the Entries, become property of Sponsors and shall not be acknowledged or returned. Sponsors are not responsible for lost, late, incomplete, invalid, unintelligible, mutilated or misdirected Entries, which will be disqualified. Maximum of one (1) entry per person during the Entry Period.
5. Prize Winner Selection & Notification: One (1) prize winner (“Winner”) will be announced by Sponsors immediately after having been selected at each of three (3) random drawings to be held at the following locations, dates, and times during the Gay Days Event: [CHUCK: PLEASE CONFIRM THAT WE LISTED THE RIGHT PRIZE DRAWING TIMES AND LOCATIONS, BELOW]
· On June 6, 2009, prior to the film, “Breakfast With Scott”, scheduled to be featured as part of the Gay Days Event’s film festival at 3:00 p.m. Eastern Time at the Royal Plaza Event Hotel; and
· On June 7, 2009, prior to the film, “Were The World Mine”, scheduled to be featured as part of the Gay Days Event’s film festival at 3:00 p.m. Eastern Time at the Royal Plaza Event Hotel.
One (1) Winner shall be selected at each drawings for a total of three (3) Winners. The times and locations of the above referenced June 5, 2009 Girls Pool Party; the June 6, 2009 presentation of the film “Breakfast With Scott”; and the June 7, 2009 presentation of film “Were The World Mine” at the Gay Days Event are subject to change; visit www.gaydays.com/calendar to confirm times and locations. If any selected potential Winner is not present when the Winner is announced at one of the above referenced drawing dates and times, then Sponsors will notify such potential Winner via e-mail on or before June 13, 2009. Any potential Semifinalist notified by e-mail must respond to such notification and provide all requested information within seven (7) business days of the time the e-mail is sent or risk forfeiting the prize. Except where prohibited, Sponsors may require each Winner to execute and return an Affidavit of Eligibility, Liability and, where lawful, Publicity Release (the "Affidavit") within a time period determined by Sponsors.
It is each entrant's sole responsibility to provide a valid, current e-mail address. If any prize notification or Sweepstakes communication is rejected or returned as undeliverable, if a potential winner cannot be reached after a reasonable attempt has been made by Sponsors (as determined by Sponsors in their sole discretion), or if a potential winner fails to respond to a prize winner notification and/or to sign and return the Affidavit or an executed Photo Release (as applicable) within the time periods set forth herein, such winner may be disqualified and an alternate winner may be selected according to the Semifinalist and Grand Prize Winner selection and notification criteria set forth above.
7. Prizes
Prizes: Subject to verification, each Winner will receive their choice of either:
Two Simply Fabulous Passes to the 20th Anniversary Tampa International Gay and Lesbian Film Festival, October 8-18, 2009.
You will be "Simply Fabulous" when holding this credential. This is your all-access film & Party pass. You are granted access to every film showing during the festival, and a complimentary beverage in the crown circle Lounge. You will also have VIP access to the Festival Gala party and Surge (Men's Party) or Sugar (Woman's Party). You also receive an invitation to the President's Reception. If that weren’t enough, Simply Fabulous Pass Holders NEVER wait in line! Full In/Out privileges at the theatre, your own reserved seat in the Tampa Theatre, and full VIP access to the Green Room with complimentary snacks & beverages. Here you can mix and mingle with our talent and filmmakers in attendance. Your Simply Fabulous Pass includes the entire 2010 Film Series.
Prize Value - $1,000.00
Star Membership for two at the 2010 Miami Gay and Lesbian Film Festival – April 2010, Miami, FL
This prize package includes 16 complimentary tickets to ANY non-gala MGLFF screenings, maximum of 2 per any single screening, during the year or the annual Film Festival, your choice! You are also eligible for 2 complimentary tickets to the Opening Night Gala. You receive recognition (name printed) in the annual Film Festival program. And a 10% discount on ad for member's business in Ticket Program. Star Members also receive RED LINE priority entrance to all Film Festival screenings, enter the theater before the general public for better choice of seats!
Prize Value $750.00
Two “Castro Passes” for Frameline 33 – the 33rd Annual San Francisco Gay and Lesbian Film Festival. June 18-28, 2009, San Francisco, CA
The Castro Pass grants you admission to over 100 movies at the historic Castro Theatre!
The Castro Pass is good for admission to all Festival screenings at the Castro Theatre (except Opening and Closing Night). Passholders are allowed entrance into the theatre, via the membership line, only up to 20 minutes before showtime or until passholder allotment is reached • Early arrival at screenings is recommended, as passes do not guarantee seating.
Prize Value - $400 (+ $95 for a dual Membership) = $495.00
Two Executive Producer Memberships to Reel Affirmations 19 - the 19th annual Washington DC Gay and Lesbian Film Festival. October 15-24, 2009.
Members at this level receive tickets to the Opening and Closing night Films and Galas, as well as the Seating Party. You receive invitations to all One in Ten events and have reserved seating throughout the festival. Executive Producers are invited to special receptions throughout the festival and receive a listing in the Program Guide. You also receive invitations to other VIP-only special events.
Prize Value - $700.00
Total ARV of all three (3) prizes to be awarded: $2,100.00
Additional Prize Information: All prizes are awarded "AS IS" and WITHOUT WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose. Prizes are non-assignable and non-transferable and no prize substitution, transfer, or exchange will be allowed except by Sponsors in Sponsors' sole discretion, including, without limitation, due to prize unavailability. All federal, state and local taxes on prizes won, as well as any expenses not specified in these Official Rules, are the responsibility of each winner. An IRS form 1099 will (where applicable) be provided to the IRS in the Winner's name, and the Winner may be required to fill out and return certain tax forms in the time specified by Sponsors. All prizes legitimately claimed will be awarded. No more than the stated number of prizes will be awarded. Additional prize details not specified in these Official Rules will be determined in Sponsors' sole discretion. Odds of winning any prize depend upon number of eligible Entries received at the relevant Event.
8. Licenses and Approvals: You may not submit an Entry on behalf of someone else. By submitting an Entry, you represent and warrant that you meet all eligibility criteria for participation in this Sweepstakes as set forth in these Official Rules. In addition, you acknowledge and agree that by submitting an Entry in this Sweepstakes, you grant Sponsors, their successors, licensees, assigns, promotional partners and third-party marketing entities (the "Authorized Parties") an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit your image, name, likeness, voice, and biographical data in any manner whatsoever throughout the world, including on the internet, and at any time or times, for any purpose whatsoever (including, without limitation, for advertising and promotional purposes for this and similar promotions), in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST.
9. Limitation of Liability: Neither Sponsors nor Releasees (as defined herein) are responsible or liable for any of the following: (a) stolen, lost, late, misdirected, damaged, incomplete, inaccurate, or illegible Entries due to technical, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of the prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur in the administration of the Sweepstakes, or the processing of Entries; (f) postage-due winner documentation; or (g) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt or use of any prize. If for any reason your Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, your sole remedy is another Entry in the Sweepstakes during the Sweepstakes Period. Sponsors may rescind any Entry found to contain such errors or failures without liability at Sponsors' sole discretion.
As a condition of participating in this Sweepstakes, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSORS, GDI, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF ANY KIND, INCLUDING DAMAGE TO YOUR OR ANY OTHER PERSON'S COMPUTER OR WIRELESS DEVICE, RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, YOUR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE (INCLUDING ANY TRAVEL OR TRAVEL-RELATED ACTIVITY) OF A PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. Releasees shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables that an entrant may suffer at the Gay Days Event or any portion thereof including, without limitation, the Expo, or as the result of or in connection with any prize.
You agree that the laws of the State of California will govern any and all disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your and Sponsors' rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine. Each entrant agrees to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, in any action arising from or relating to this Sweepstakes or these Official Rules.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
10. General Rules: Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision of this Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, then that provision shall be deemed severable from these Official Rules and all other provisions shall remain in full force and effect. If Sponsors are required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsors reserve the right to (i) terminate the Sweepstakes in such jurisdiction or in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all Entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants.
Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Sponsors reserve the right to permanently disqualify any person they believe has intentionally violated these Official Rules. Entrants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from entering. Sponsors reserve the right, in their sole discretion, to void Entries of any entrants who Sponsors believe have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. If the Sweepstakes is not capable of running as planned for any reason, or for any other reason whatsoever, Sponsors reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains Entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law.
11. Official Rules and Winner List: For a copy of these Official Rules or a list of Winners, send a self-addressed, stamped, #10 business envelope to "2009 Esurance Gay Days Film Festival Sweepstakes", ATTN: Official Rules (or Winner's List) Request, 650 Davis Street, San Francisco, CA 94111, to be received no later than July 31, 2009. VT residents may omit return postage for Official Rules requests. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope.
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