Cinemark’s Wakanda Forever NFT Sweepstakes Official Rules

Cinemark’s Wakanda Forever NFT Sweepstakes
Official Rules

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

1. Eligibility: Cinemark’s Wakanda Forever NFT 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 or the age of majority in their state of residence (whichever is older) 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., The Walt Disney Company, Marvel Studios, LLC, Orbis Blockchain Technologies Limited (“VeVe”), 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 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 a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Cinemark USA, Inc., 3900 Dallas Parkway, Plano, TX 75093. Administrator: Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

3. Timing: The Sweepstakes begins on October 3, 2022 at 12:00 a.m. Eastern Time ("ET") and ends on November 27, 2022 at 11:59 p.m. ET (the "Promotion Period”). Sponsor’s servers are the official time-keeping devices for the Sweepstakes.

4. How to Enter: During the Promotion Period, there are four (4) ways to enter the Sweepstakes. For methods 4(a)-4(c), a standard General Admission Ticket includes any ticket type available on Cinemark.com or through the Cinemark App (the “App”) excluding Cinemark Private Watch Party purchases.

a. Enter by Purchasing Ticket Through the Cinemark App With Account: During the Promotion Period, if you do not yet have the App, using your mobile device, download the App from Google Play or the App Store. The App is 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.

Then, via the App, register or log into your Cinemark Rewards account (“Account”) and follow the links and instructions to purchase at least one (1) ticket for the movie “Black Panther: Wakanda Forever” (each a “Qualifying Purchase”).

Next, follow the links and instructions to access the Cinemark Movie Rewards Reward Center and elect to enter the “Wakanda Forever NFT Sweepstakes” by completing and submitting the registration form, including your name and valid email address, and you automatically will receive the applicable number of entries into the Sweepstakes, subject to the limit below.

You must make a Qualifying Purchase and complete the Sweepstakes registration form in order to be entered into this Sweepstakes.

b. Enter by Purchasing Ticket at Cinemark.com With Account: During the Promotion Period, log into your Account online at https://www.cinemark.com/Membership/SignIn and follow the links and instructions to make a Qualifying Purchase.

Then, follow the links and instructions to access the Cinemark Movie Rewards Reward Center and elect to enter the “Wakanda Forever NFT Sweepstakes” by completing and submitting the registration form, including your name and valid email address, and you automatically will receive the applicable number of entries into the Sweepstakes, subject to the limit below.

You must make a Qualifying Purchase and complete the Sweepstakes registration form in order to be entered into this Sweepstakes.

c. Enter by Purchasing Ticket At Theater With Account: During the Promotion Period, at a participating Cinemark theater, make a Qualifying Purchase and provide your Account information at checkout by either (i) scanning the QR code in your Account; (iii) providing your phone number associated with your Account; or (iii) providing your email address associated with your Account.

Then, log into your Account via the App or online at https://www.cinemark.com/Membership/SignIn and follow the links and instructions to access the Cinemark Movie Rewards Reward Center and elect to enter the “Wakanda Forever NFT Sweepstakes” by completing and submitting the registration form, including your name and valid email address, and you will automatically receive the applicable number of entries into the Sweepstakes, subject to the limit below.

You must make a Qualifying Purchase and complete the Sweepstakes registration form in order to be entered into this Sweepstakes.

d. Enter By Mail: To enter without becoming a member of the Cinemark Movie Rewards program, using the App, or making a Qualifying Purchase, print your name, address, phone number, email address, and date of birth on a piece of paper and mail it in an envelope with proper postage to “Cinemark’s Wakanda Forever NFT Sweepstakes,” c/o Merkle, Inc., P.O. Box 5021, Department 854893, Kalamazoo, MI 49003-5021. 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 28, 2022 and received by December 5, 2022. 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 one (1) time 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. The potential winner may be required to show proof of being an authorized account holder.

5. Drawing: Administrator’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period on or around December 13, 2022 and will notify winners by email. If a potential winner cannot be contacted, the potential winner forfeits the 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.

6. Prizes: ONE THOUSAND (1,000) PRIZES are available to be won: Each winner will receive one (1) promotional code (“Prize”) redeemable for one (1) non-fungible token (“NFT”) that is associated with a limited edition “Black Panther: Wakanda Forever” themed digital art collectible (“Digital Collectible) The approximate retail value (“ARV”) of each Prize is approximately $1.00 at the start of the Promotion Period. The value of a Digital Collectible is subjective. If prize winner chooses to resell the NFT, resale fees may apply. NFTs associated with this Digital Collectible cannot be resold to third parties outside the VeVe platform (defined below).

Winners will receive a promotional code for the Digital Collectible and must claim the NFT through the VeVe Platform located at Veve.me (the “VeVe Platform”) by January 28, 2023. If you do not redeem your promotional code by the deadline, you will forfeit your Digital Collectible and no other compensation will be provided. Unclaimed Digital Collectibles will not be awarded.
Winners will need to download the VeVe app from the Apple App Store or Google Play onto a compatible mobile device, create an account with VeVe, and download their digital wallet to claim the Digital Collectible. Creating an account with VeVe is free. The Terms of Use and Privacy Policy found at https://www.veve.me/terms-conditions and https://www.veve.me/ve-ve-app-privacy-policy govern your interaction with the VeVe Platform. The Digital Collectible associated with the NFT is licensed pursuant to an end user license in the VeVe Terms of Use found at https://www.veve.me/terms-conditions.

Prize is non-refundable and non-transferable; no cash alternative is available. Winner is solely responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Promotion Period. Sponsor will fulfill prizes by email within 8-10 weeks of the program’s conclusion.
No element of this prize authorizes any person to use The Walt Disney Company's and its subsidiary and affiliated companies (collectively, "Disney") name, brand, intellectual property, characters, or reputation in conjunction with this prize or any prize promotions whatsoever and that a valid promotional agreement with Disney is a precondition for use of this prize in association with Disney's name or Disney-owned intellectual property. Disney, and each of their respective parent, affiliates, and subsidiaries are not responsible for the promotion, administration, or execution of the prize or sweepstakes. Disney is not a so-called “sponsor,” “administrator” or “prize provider.” Disney, its parent, related, affiliated and subsidiary entities and their respective officers, directors, agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, illnesses, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the prize, the receipt, use and/or enjoyment of the prize, or prize-related activity including, without limitation, the promotion, the competition, the contest, or the sweepstakes.

7. Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, Administrator, The Walt Disney Company, Marvel Studios, LLC, Orbis Blockchain Technologies Limited, and their respective subsidiaries, affiliates, licensees, assigns, 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, the VeVe Platform or the NFT.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winners’ consent to Sponsor’s and its agents’ use of winners’ name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 for any or all of 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. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, including with respect to your use of the VeVe Platform.

10. 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, including with respect to your use of the Veve Platform 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. Released Parties disclaim any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Prize, NFT or Digital Collectible, including without limitation, its value, the ability to re-sell such NFT, or that the NFT and/or the Digital Collectible will continue to function or be displayed as intended. 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.

11. 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.

12. Entrant's Personal Information: Information provided by entrants to Sponsor in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy.

Information provided by winners to VeVe through the VeVe app as part of the promotional code redemption process is subject to VeVe’s Privacy Policy available at https://www.veve.me/ve-ve-app-privacy-policy.

13. Winner List: For a winner list, please email [email protected] by February 13, 2023 referencing “Wakanda Forever NFT Sweepstakes Winner List” in the subject line or email body. The winner list will be available after winner confirmation is complete.

© 2022 Merkle, Inc. All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with The Walt Disney Company and Marvel Studios, LLC (herein the “Third Parties”). You understand that you are providing your information to the Sponsor and VeVe, not 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 the Third Parties. Questions and comments regarding the VeVe app should be directed to VeVe and not the Third Parties.