Cinemark’s Super Hero At Sea Sweepstakes Official Rules

Cinemark’s Super Hero At Sea Sweepstakes
Official Rules

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

• Eligibility: Cinemark’s Super Hero at Sea Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding Alaska and Hawaii) who are at least twenty-one (21) years old at the time of entry.  Officers, directors, and employees (and members of their household or immediate family, i.e., parents, children, spouse, siblings, grandparents, the “steps” of each and persons residing in such immediate family members' household) of Cinemark USA, Inc., Disney Destinations, LLC, Merkle, Inc., and their respective parent, related, affiliated and subsidiary companies, their advertising, promotional, fulfillment and web design agencies of any of them, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors and assigns are not eligible to enter. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Alaska, Hawaii and where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
  
  
• Sponsor: Cinemark USA, Inc., 3900 Dallas Parkway, Plano, TX 75093. Administrator: Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
  
  
  
• Timing: The Sweepstakes begins on October 18, 2021 at 12:00 a.m. Eastern Time ("ET") and ends on November 14, 2021 at 11:59 p.m. ET (the "Promotion Period”).  Sponsor’s computer is the official time-keeping device for the Sweepstakes.
  
  
• How to Enter: During the Promotion Period, there are two (2) ways to enter the Sweepstakes.  
  
  a. Enter through the Cinemark Movie Rewards Program: Login to your Cinemark Movie Rewards account online at https://www.cinemark.com/movie-rewards or through the Cinemark Mobile App (the "App") using a web-enabled device.  The App and Cinemark Movie Rewards are free but subject to the terms and conditions described within the App. Use of the App requires a web-enabled device and therefore data rates may apply. Follow the links and instructions to access the Cinemark Movie Rewards Reward Center and elect to enter the Scby redeeming fifteen (15) rewards points. Next, complete and submit the registration form including your name and valid email address, and you automatically will receive one (1) entry into the Sweepstakes. 
  
  b. Enter By Mail:  To enter without becoming a member of the Cinemark Movie Rewards program, using the App or redeeming Cinemark Movie Rewards loyalty points, hand print your name, address, day and evening phone numbers, email address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Cinemark Super Hero at Sea Sweepstakes,” c/o Merkle, Inc., P.O. Box 5022, Department 850156, Kalamazoo, MI 49003-5022.  You will receive one (1) entry into the Sweepstakes.  Limit: One (1) entry per envelope.  All mail-in entries must be handwritten and must be postmarked by November 15, 2021 and received by November 22, 2021.  All entries become the exclusive property of Sponsor and none will be acknowledged or returned.  Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.    
  
  Limit: You may enter ten (10) times during the Promotion Period, regardless of the method of entry. Multiple entrants are not permitted to share the same email address or Cinemark Movie Rewards account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, 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 email address used to register will be deemed to be the registrant or player. 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 for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder. 
   
• Drawing: Administrator is an independent judging organization whose 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. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period on or around November 30, 2021.  The potential winner will be notified by email. The potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration") which must be received by Administrator, within seven (7) days of the date/time notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted, fails to provide the Declaration or any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits his/her prize.  Receiving a prize is contingent upon compliance with these Official Rules.  In the event that a potential winner is disqualified for any reason, Sponsor will award the 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. 
• Prizes: ONE (1) GRAND PRIZE:  One (1) five (5) night Bahamian or Western Caribbean Disney Cruise Line vacation for winner and three (3) guests to be taken aboard the Disney Magic (“Vacation”) in 2022.
  
  The Vacation shall consist of the following:

1. Four (4) round trip coach airfares between the major U.S. gateway airport closest to the winner’s residence and Miami International Airport in Miami, F.L. if the winner resides outside a 200 mile radius of Port Canaveral. If the winner resides inside a 200 miles radius of Port Canaveral, transportation to Port Canaveral will not be provided;
2. Round trip ground transportation from the Miami International Airport to Port of Miami; and
3. A five (5) night Cruise on the Disney Magic sail date between February 28, 2022 – August 31, 2022 for four (4) persons that includes:
One (1) stateroom aboard the Disney Magic (location/category at the discretion of Disney Cruise Line). Maximum occupancy four (4) people
All meals onboard the Disney Magic (except Palo Steakhouse); and
Pre-paid gratuities, Taxes, Fees, and Port Expenses (as defined on the Disney Cruise Line website).

Please make sure that you have reviewed any advisories or restrictions that may be in place for travel to Florida. Visit https://floridahealthcovid19.gov/travelers/ for more information. All costs and expenses not expressly stated in the package description above are the sole responsibility of winner, including, but not limited to, hotel; shore excursions; travel insurance; nursery charges; laundry service; spa treatments; alcoholic beverages; local and long distance telephone calls; ship to shore communications including internet; merchandise and souvenirs; incidental expenses; additional tips and gratuities; income and other taxes; transportation between winner’s home and gateway airport; airline baggage fees; and all other costs and expenses not otherwise mentioned herein.

The approximate retail value (“ARV”) of the vacation package is $8,532 which includes Taxes, Fees, and Port Expenses (as defined on the Disney Cruise Line website).

Vacation rules include:

1. Vacation must be booked at least 45 days prior to the intended travel dates and must be taken on a sail date between February 28, 2022 – August 31, 2022 aboard the Disney Magic (at the discretion of Disney Cruise Line). As an alternative, a vacation package of similar or lesser value may be taken at the discretion of Disney Cruise Line through August 31, 2022, if the winner is unable to travel on the Cinemark’s Super Hero At Sea Sweepstakes select dates.  Available sail dates are subject to change in Sponsor’s or Disney Cruise Line’s sole discretion.  Travel cannot occur on the block-out sail dates.   
2. Minors under the age of 18 not traveling with a parent or legal guardian must be accompanied by an adult over the age of 21 in the same stateroom. The parent or guardian of any minor not traveling with a parent or guardian must appoint an adult to have custody and control over their minor and to contract on their behalf in connection with the Disney Cruise Line vacation.  An appointment form will be included in the document package and must be signed by parent or legal guardian prior to embarkation at the Disney Cruise Line terminal.
3. Vacation fulfillment is subject to availability and restrictions at Disney Cruise Line and airline seat availability. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. Sponsor and Disney are not liable for any expenses incurred as a consequence of flight cancellation/delay. Travel may not occur during cruise ship or airline block-out periods
4. Vacation may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value.
5. Vacation elements may not be substituted and Vacation is non-commissionable.
6. If applicable, winner and guests are solely responsible for obtaining and providing proper citizenship and/or vaccination documentation prior to travel which may include passports, valid alien registration card and/or necessary visas. Those without proper documentation will be denied boarding.  It is winner and his/her guests’ responsibility to check with their government agencies, embassies or consulates prior to their vacation to ensure that they have proper citizenship documentation.  U.S. Citizens can also visit the State Department’s travel website at www.travel.state.gov, or call the U.S. National Passport Information Center at (877) 4USA-PPT for more information. 
7. Actual final retail value of trip may be higher or lower based on departure. Winner will not receive difference between actual final and approximate retail value.   Prize elements may be subject to additional restrictions.  Winner and all guests must travel together on the same itinerary, air transportation must be round-trip from/to the same Departure Airport/Arrival Airport. Once selected by Prize Winner, Guests cannot be changed without the express consent of Disney, which may be withheld for any reason. All travel dates and arrangements are subject to change based on availability and providers approval.  Any portion of a prize not accepted by winner will be forfeited.
8. The Prize Winner and his/her Guests will be required to execute a liability/publicity/COVID-19 release and waiver form prior to booking of any travel. Failure to return the executed release form within the specified time period will result in forfeiture of the Vacation Package. Grand Prize Winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of the Group, related to any use or misuse of the prize or any prize-related activity or travel.
9. For all sailings, Guests 12 years of age and older must be fully vaccinated and take a COVID-19 test upon embarkation. Guests 11 years old and under are not required to be vaccinated but must take a pre-trip rapid PCR test or lab-based PCR test for COVID-19, as well as a rapid COVID-19 test upon embarkation. For additional COVID-19 related protocols prior to sailing visit:  https://disneycruise.disney.go.com/why-cruise-disney/experience-updates/us/.
   
   There may be specific instructions and requirements for all visitors to the Bahamas, which may include mandated quarantine or pre-travel testing. The Grand Prize Winner and his/her Guests are solely responsible at their own cost for staying updated on and complying with any of the latest advisories, restrictions and travel alerts that may be in place for travel to the Bahamas leading up to the planned stay. Travel requirements are subject to change.
   
   Travel must be round trip.  Disney Cruise Line will determine airline and flight itinerary in its sole discretion.  No refund or compensation will be made in the event of the cancellation or delay of any flight or cruise.  Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the airline carrier of choice as detailed in the passenger ticket contract.  Sponsor and Administrator are not responsible if Vacation is delayed, postponed or cancelled for any reason and winner will not be reimbursed, and no substitution will be provided except as in Sponsor’s sole discretion.  By accepting this prize, winner and guests agree to abide by any terms, conditions, policies, procedures and restrictions.  The Released Parties (as defined in Section 7 below) are not responsible if winner and/or guests do not attend the Vacation.
   
   All lodging will be at the risk of Prize Winner and Guests. Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, ground transportation (other than as described above), taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
   
   Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. Guests, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the verification documents requested of Prize Winner, or Guest portion of the Prize will be forfeited.
   
   Any damaged, lost or stolen travel vouchers or gift cards will not be replaced. Gift cards are not redeemable or exchangeable for cash (except as required by law) and are subject to all terms and conditions of use as established by issuer.
   
   The actual value of the Vacation Package may vary depending on point of departure and fluctuations of hotel rates and airfares. Any difference between the approximate retail value and the actual cost of the/each Vacation Package will not be awarded.
   
   If the actual value of the Prize is less than stated ARV, the difference will not be awarded. All expenses not specifically provided for herein, including transportation to and from the venue, parking and concessions (if applicable), are the winner’s sole responsibility. Some restrictions may apply.
   
   Federal, state and local taxes, if any, are the sole responsibility of the winner who will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law, and, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more.
   
   Prize components may not be sold, traded, bartered, transferred, or refunded. Prize is not redeemable for cash. No substitution of Prize or any elements thereof is allowed, except at the Sponsor’s sole discretion.
   
   Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, Disney Cruise Lines, the Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
   
   Odds of winning the Sweepstakes prize depend on the number of eligible entries received during the Promotion Period. Total ARV of all prizes: $8,532.
   
   
10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, Disney Destinations, LLC, and their respective 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.
    
    
11. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
    
    
12. 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.
    
    
13. 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, 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.
    
    
14. 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 (Southern Division) 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.
    
    
15. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy https://www.cinemark.com/privacy-policy.
16. Winner List: For a winner list, please email [email protected]. The winner list will be available after winner confirmation is complete.

© 2021 Merkle Inc. All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with Disney Destinations, LLC, Apple, Inc., Google Inc., or their respective affiliates (collectively, the “Third Parties”).  You understand that you are providing your information to the Sponsor and not any of the Third Parties.  You hereby release, to the full extent permitted by law, the Third Parties from all liability related to the Sweepstakes.  Questions and comments regarding the Sweepstakes should be directed to the Sponsor and not to the Third Parties.