Ultimate Sweepstakes Official Rules

Ultimate Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN.

THIS SWEEPSTAKES IS OFFERED ONLY TO PERMANENT LEGAL U.S. RESIDENTS IN FORTY-NINE (49) STATES OF THE U.S. (RHODE ISLAND IS EXCLUDED) AND D.C. AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. VOID WHERE PROHIBITED.

  1. Sweepstakes Description: The Ultimate Sweepstakes ("Sweepstakes") begins at 12:00:01 a.m. Pacific Time ("PT") on June 22, 2009 and ends at 11:59:59 p.m. PT on July 19, 2009 PT ("Sweepstakes Period"). The Sweepstakes consists of four (4) separate non-connected individual weekly Sweepstakes ("Weekly Sweepstakes") and one (1) Grand Prize Sweepstakes ("Grand Prize Sweepstakes"). Each Weekly Sweepstakes begins at 12:00:01 a.m. PT during the Sweepstakes Period on a Monday and ends at 11:59:59 p.m. PT the following Sunday. The web site´s computer is the official clock for all purposes of this Sweepstakes and all times refer to Pacific Time.

  1. Eligibility: This Sweepstakes is open only to permanent legal residents of forty-nine (49) states of the U.S. (Rhode Island is excluded) and D.C. (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) who are physically located and residing therein and who are 13 years of age or older as of the date of entry.Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number. Employees ofUltimate Movie Site, LLC ("Sponsor"); Sweepstakes administrator; their advertising or promotion agencies, those involved in production, development, implementation or handling of Sweepstakes, and any agents acting for the above entities, and their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, or any other person or entity associated with Sweepstakes (collectively "Sweepstakes Entities") and members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether related or not are ineligible to enter Sweepstakes.

  1. How to Enter: To enter this Sweepstakes, participants must first visit the Sweepstakes Web Site at http://www.ultimatemoviesite.com/ultimatesweepstakes ("Web Site") and become a registered member of the Ultimate Movie Site ("UMS") by completing and "submitting" the registration form (registration is free). Information requiredon the registration form consists of participant´s email address, username, date of birth, password, correctly typing two coded words (for security purposes) and agreeing to the Terms of Use and Privacy Policy ("Registration Information"). After you have successfully registered, you will be able to click on the "Enter" button to obtain an entry into the Sweepstakes ("Entry"). If you are already a member of the UMS, log onto your account, visit the Web Site and click on the "Enter" button to obtain an Entry into the Sweepstakes. Username must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually-explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar language and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole discretion. Once a participant has submitted their Entry, he/she will receive one (1) Entry into that applicable Weekly Sweepstakes which also results in one (1) Entry into the Grand Prize Sweepstakes. Limit one (1) Entry per person per email address per day, up to seven (7) Entries total per week. Therefore, entrants can enter the Sweepstakes once per day throughout the entire Sweepstakes Period. An entrant can obtain a total of seven (7) Entries (one (1) a day) for each Weekly Sweepstakes.For example: if an entrant enters once a day for seven (7) days, he/she will receive seven (7) Entries into the Sweepstakes. If an entrant enters once a day throughout the entire Sweepstakes Period, he/she will receive a total of twenty (28) Entries into the Sweepstakes. Entries in excess of the stated limit will be disqualified. Any attempted form of entry other than as described herein is void. All required Registration Information must be completed in full. Participants can only register to become a member and participate in the Sweepstakes under one (1) username and email address. Once an email address is registered by a participant, that email address and corresponding username cannot be used by any other person at the Web Site. Only the participant registered under a particular email address and who physically completed his/her Entries may participate in the Sweepstakes. Entries for a particular Weekly Sweepstakes must be received by 11:59:59 p.m. PT on the last day of that particular Weekly Sweepstakes. Entries for the last Weekly Sweepstakes and Grand Prize Sweepstakes must be received by 11:59:59 p.m. PT on July 19, 2009.

  1. Prizes/Odds of Winning: Ten (10) Weekly Prizes (see Weekly Prize Chart below): Each Weekly Prize winner will receive a MovieTickets.com gift card (value will vary). Total approximate retail value ("ARV") of all Weekly Prizes: $500.00 ("Weekly Prize"). One (1) Grand Prize: Grand Prize winner will receive an Apple iPod touch. ARV of Grand Prize: $399.00 ("Grand Prize"). Total ARV of all prizes: $899.00. Odds of winning a prize for a particular Weekly Sweepstakes depends upon the total number of eligible Entries received during the entry period for that Weekly Sweepstakes. Odds of winning the Grand Prize depends on the number of eligible Entries received during the Sweepstakes Period. Winner(s) are solely responsible for all costs, incidentals, any required installation or requested product upgrades/options, and any other expenses not specifically mentioned as being included. Gift card cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. No substitution, or transfer for a prize (or prize component if applicable), except that Sponsor may substitute prize (or prize component if applicable) with one of equal or greater value for any reason. Prize(s) will be sent to a U.S. address only within the forty-nine (49) states of the U.S. (excluding Rhode Island), or D.C. Any depiction of prize(s) is for illustrative purposes only. If winner is a resident of a state that deems him/her to be a minor, prize will be awarded in the name of his/her parent/legal guardian. All federal, state, local or other taxes including, without limitation, income taxes are the sole responsibility of the each winner. Sweepstakes Entities are not responsible for delays in delivery of prize(s).  Limit one (1) Weekly Prize per person, per email address, per Weekly Sweepstakes. Sweepstakes administrator is the not guarantor of any prize(s).

Weekly Prize Chart

(As stated above in section 3, there is a limit of one (1) Entry per person per email address per day, up to seven (7) Entries total per week. Therefore, entrants can enter the Sweepstakes once a week day throughout the entire Sweepstakes Period. An entrant can obtain a total of seven (7) Entries (one (1) per day) for each Weekly Sweepstakes. For example: if an entrant enters once a day for seven (7) days, he/she will receive seven (7) Entries into the Sweepstakes. If an entrant enters once a day throughout the entire Sweepstakes Period, he/she will receive a total of twenty (28) Entries into the Sweepstakes. )

Week # Drawing Date Weekly Prize (s)
#1 On or about July 1, 2009 1st Prize: $25 MovieTickets.com Gift Card
#2 On or about July 8, 2009

1st Prize: $50 MovieTickets.com Gift Card

2nd Prize: $25 Movie Tickets.com Gift Card

#3 On or about July 15, 2009

1st Prize: $75 MovieTickets.com Gift Card

2nd Prize: $50 MovieTickets.com Gift Card

3rd Prize: $25 MovieTickets.com Gift Card

#4 On or about July 22, 2009

1st Prize: $100 MovieTickets.com Gift Card

2nd Prize: $75 MovieTickets.com Gift Card

3rd Prize: $50 MovieTickets.com Gift Card

4th Prize: $25 MovieTickets.com Gift Card

  1. Drawing and Notification of Winners: Potential Weekly Sweepstakes winners will be randomly selected in a drawing held on or about three (3) days after the end date of each Weekly Sweepstakes from among all eligible Entries received by Sweepstakes administrator in Burbank, CA for that particular Weekly Sweepstakes ("Weekly Drawing(s)"). Non-winning eligible Entries will not be retained for subsequent Weekly Drawings. Potential Grand Prize Sweepstakes winner will be randomly selected in a drawing held on or about July 22, 2009 by Sweepstakes administrator in Burbank, CA from among all eligible Entries received during the Sweepstakes Period ("Grand Prize Drawing").Potential Weekly Prize winners will be notified by email within approximately three (3) business days after each Weekly Drawing. Grand Prize winner will be notified by email within approximately three (3) business days of the Grand Prize Drawing. If a potential Weekly Prize winner or potential Grand Prize winner cannot be reached after three (3) business days, if he/she is found to be ineligible; if he/she does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner of the corresponding prize will be selected.
  1. General Conditions: Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively "Rules and Laws"). By entering this Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor, whose decisions are binding and final in all respects. By accepting a prize, each winner attests to the authenticity of his/her winning Entry. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor´s Privacy Policy located at http://www.ultimatemoviesite.com/users/policy. Thus except where prohibited by law: (1) entry and/or winner´s (winner´s parent/legal guardian, if winner is a minor) acceptance of a prize constitutes permission for the Sponsor to: use winner´s username, name, address (city and state), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on a Web Site), in perpetuity, without further notice to or compensation in connection with said Sweepstakes, and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Any person attempting to defraud or tamper with the Sweepstakes will be subject to prosecution and is thereby ineligible. If, for any reason, the Sweepstakes is not capable of running as originally planned (as determined by Sponsor), Sponsor reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and conduct the drawing from among all salvageable eligible Entries received as of the termination date, if any, in the sole discretion of Sponsor. In case of a dispute over the identity of the entrant who submitted a winning Entry, the owner of the email account will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules be the person who physically completed the act of entering and may be required to provide proof of ownership of the email account.
  1. Disclaimers: Sweepstakes Entities are not responsible or liable for, and will deem ineligible, multiple Entries in excess of the stated limit. Entries that are entered by other than human means or mass Entries (such as by an automated computer program or any non-human mechanism, entity, or device), or Entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, forged or otherwise not in compliance with these Official Rules will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge to be bound by the Rules and Laws as well as the decisions of the Sponsor and Sweepstakes administrator which are final and binding in all respects. Entrants waive any rights to claim ambiguity with the Rules and Laws. Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Registration Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; typographical errors in Sweepstakes promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider; interruption or inability to access Sweepstakes, Web Site, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant´s (or any third person´s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. By entering, entrants and prize winner(s) further agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, or participation in the Sweepstakes or any Sweepstakes-related activity. Entrants further agree to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by the prize supplier(s) that may be sent along with the prize(s), its quality and/or merchantability. The Apple iPod touch is a registered trademark of Apple Inc., and is not affiliated with UMS and has in no way endorsed or sponsored this Sweepstakes or any UMS product. MovieTickets.com is affiliated with UMS but has in no way sponsored this Sweepstakes. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
  1. ARBITRATION / WAIVER OF INJUNCTIVE RELIEF / GOVERNING LAW: BY SUBMITTING AN ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR´S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR´S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS´ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
  1. Name of Winner(s)/Official Rules: For Sweepstakes Rules and the list of winners, send a self-addressed stamped envelope to: Ultimate Sweepstakes "Winners´ List" or "Rules" (specify which), P.O. Box 6735, Burbank, CA 91510. All requests must be received by September 17, 2009. The Official Rules will be available on the Web Site during the Sweepstakes Period. Username may also be posted on the Web Site.
  1. Sponsor: Ultimate Movie Site, LLC, Attn: Jeffrey Johnson c/o Pryor Cashman LLP, 410 Park Ave., New York, NY 10022 (up until July 2, 2009). On July 3, 2009 address changes to: Ultimate Movie Site, LLC, Attn: Jeffrey Johnson c/o Pryor Cashman LLP, 7 Times Square, New York, NY 10036-6569.

©2009 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.


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