National Popcorn Day Instagram Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: National Popcorn Day Instagram Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Cinemark USA, Inc., Merkle Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Cinemark USA, Inc., 3900 Dallas Parkway, Plano, TX 75093.

3. Timing: The Sweepstakes begins on 1/19/2024 at 9:00 a.m. Eastern Time ("ET") and ends on 1/19/2024 at 11:59 p.m. ET (the "Promotion Period"). Instagram's servers are the official time-keeping devices for the Sweepstakes.

4. How to Enter: To participate, you will need to have an Instagram account (each a “Social Account”). Creating each Social Account is free but is subject to the applicable terms and conditions http://instagram.com/about/legal/terms/#. Your account settings on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your comments to Sponsor's posts to be viewable by Sponsor.

If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

During the Promotion Period, take the following actions to enter the Sweepstakes:

a. Via Instagram: (1) Follow @cinemark on Instagram; (2) visit the Sponsor’s Instagram account page and find Sponsor’s Sweepstakes post; and (3) comment on Sponsor’s Sweepstakes post @ mentioning three (3) friends in the comments.

Content Restrictions for Submissions: Your social post will hereafter be referred to as your Submission. Your Submission must be your original work. Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. Your Submission must not:

• be inappropriate, offensive, indecent, obscene, sexually explicit, hateful, tortious, defamatory, slanderous or libelous;
• contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
• disparage Sponsor or any other parties;
• promote alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created; or
• contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission.

Sponsor reserves the right to disqualify any Submission that it finds unlawful, or in violation of these Official Rules, all in its sole discretion.
Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void.

If your Submission conforms to all the above requirements, you will receive one (1) entry into the Sweepstakes.

Limit: You may enter one (1) time during the Promotion Period regardless of method of entry. Multiple entrants are not permitted to share the same Social Account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Social Accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Social Account. The potential winner may be required to show proof of being the authorized account holder.

5. Sponsor’s Use of Submissions: Posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.

6. Drawings: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period, on or around 1/23/2024. The potential winner will be notified by @Cinemark via the Social Account used to enter and will be required to provide his/her name, mailing address (no P.O. Boxes), date of birth and email address to confirm eligibility and for prize fulfillment purposes within two (2) days of the date notice or attempted notice is sent into order to claim the prize. If a potential winner of any prize cannot be contacted, his/her eligibility cannot be verified, he/she fails to provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner is disqualified and forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that the potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

7. Prizes: FIVE (5) LARGE POPCORNS: Awarded as $10 gift card. Approximate Retail Value (“ARV”): $10

Cinemark gift cards may be used to purchase goods and services online and at any box office, kiosk, concession register or restaurant at Cinemark theaters in the U.S. Online purchases may incur an online fee. Purchases, including any applicable online fee, will be deducted from the gift card until the balance reaches zero. Not refundable or redeemable for cash, except as provided by law. Protect this card like cash. No expiration date or dormancy fees. For more information regarding online fees or balance inquiries please visit Cinemark/com/giftcards or contact [email protected] or call 1-800-CINEMARK. Cinemark gift cards remain the property of Cinemark at all times and may be retained in the event of improper use. Visit Cinemark.com for a complete list of theaters and to register the gift card.  These terms are subject to change by Cinemark. @2024 Cinemark USA Inc., “Cinemark” is a registered service mark of Cinemark USA, Inc.

All prize details will be determined by Sponsor in its sole discretion. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.

Limit: One (1) prize per person. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.

8. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Merkle Inc., Instagram, Inc., Meta Platforms, Inc., and their respective dealers, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, 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 the Sweepstakes or receipt or use or misuse of any prize.

9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Social Account profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, pandemics, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this 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 person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: The Released Parties are not responsible for: (1) 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; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

12. 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 Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (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 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.

14. Winner List: For a winner list, contact [email protected]. The winner list will be available after winner confirmation is complete.

© 2024 Merkle Inc. All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc./Instagram, Inc.