Promotion Terms

Terms and Conditions. The terms and conditions of the Red One Holiday Staycation Shopping Spree sweepstakes (the “Sweepstakes”) consist of these Official Rules and the General Terms and Conditions, incorporated herein by reference. These Official Rules are intended to supplement and not replace the General Terms and Conditions. If there is a discrepancy between these Official Rules and the General Terms and Conditions, the General Terms and Conditions will control and govern this Sweepstakes.

Eligibility. This sweepstakes is open only to legal residents of the fifty United States and District of Columbia, who have reached the age of majority in their state of residence at time of entry. Void in Puerto Rico, and all other U.S. and foreign territories and possessions, and wherever else prohibited or restricted by law. Employees of Cinepolis and of Metro-Goldwyn-Mayer Studios Inc. (“MGM”) and their respective immediate families and household members are not eligible.

How To Enter. To enter the Sweepstakes, you must do all of the following: (i) enroll in Cinepolis Loyalty Rewards; (ii) follow Cinépolis USA on Facebook, Instagram, or Twitter; (ii) “Like” the Sweepstakes post on at least one (1) social platform; and (iii) tag a friend in the Sweepstakes post. Limit one entry per person throughout the Sweepstake Period. No purchase or payment is necessary to participate in, or win, the Sweepstakes and a purchase will not improve your chances of winning. Sponsor will only consider one entry per individual. Participants may not enter the Sweepstakes via multiple social media accounts in order to enter the contest more than once, and Sponsor will consider any entries submitted by the same individual from multiple accounts to be ineligible. Please do not post duplicate or near duplicate entries. Entries made by any mass duplication, automatic, robotic, or programmed method, or through any promotion entry, notification, or related service, or in any manner not in compliance with the requirements of these Official Rules are invalid and will be disqualified.

Entry Period. This Sweepstakes begins at 12:01 a.m. (EST) on November 7, 2024, and ends at 11:59 p.m. (EST) on November 20, 2024 (the “Sweepstakes Period”). Entries received before or after the Entry Period are not eligible. 

Selection of Potential Winner. One (1) prize winner will be randomly selected from all eligible entries received during the Entry Period. The random drawing shall be conducted within five (5) business days following the conclusion of the Entry Period by representatives designated by Cinepolis. Odds of winning depend on number of eligible entries received during the Entry Period. Cinepolis’ decisions are final and binding on all matters relating to this Sweepstakes. Potential winners will be notified on Cinépolis social channels. A winner will have seven (7) days to respond back to the prize notification. If a prize notification is returned or unanswered within the allotted time or if a potential winner declines the prize or is ineligible, an alternate winner will be selected by random drawing of the remaining eligible entries. As a condition of awarding the prize: (a) you consent to Sponsor’s (and its designees’) use of your name for promotional purposes, including posting of the winner’s name in a winners list, in social media and via online announcements, without additional compensation, except where prohibited by law, and (b) if requested by Cinepolis, the winner is required to sign and return an affidavit of eligibility/publicity and liability release within the time specified by Cinepolis. If a winner is ineligible, cannot be contacted, fails to timely return an affidavit/release as specified by Cinepolis, declines the prize, or if the prize is returned as undeliverable, an alternate winner will be selected. If, in Cinepolis’ opinion, there is any suspected or actual evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, Cinepolis reserves the right to terminate the promotion and conduct a random drawing to award the prize using all entries received as of the termination date.

Prize. Prize package is available in mainland USA only; Travel allowance is provided to the value of $100 USD; At least 1 person travelling must be over the age of 21; accommodation is based on 2 adults and 2 children under 16 sharing a quadruple occupancy room; a valid credit or debit card will be required to guarantee your room on check in; the prize excludes meals and drinks, excursions, attractions, treatments, car rental, visas, personal expenses and anything not expressly stated in the prize package; all elements of the prize are subject to availability; if unavailable, experiences and items of a similar nature and value may be offered at prize provider’s discretion; hotel will be selected by prize provider at their sole discretion; winners must contact prize provider with three preferred travel dates no later than six weeks prior to departure; once booked, the prize cannot be amended or cancelled; prize is non-refundable and non-transferable; no cash alternative is available; prize cannot be taken over Christmas, New Year or US Public Holidays; prize is valid for 12 months from the date of notification of winning and all travel must be completed within that time; if the winner elects not to, or is unable to, use part of the prize, the winner will forfeit that part of the prize package; Spending money for shopping spree is provided to the value of $1,000 USD; The Prize Provider is Element London Ltd. Any personal data submitted by the winner to the Prize Provider will be treated in accordance with Prize Provider’s privacy policy, which is accessible at https://element-london.com/element-london-privacy-policy-travel-english/. Cinepolis and MGM have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by Cinepolis which reserves the right in its sole discretion to substitute any prize for a prize of equal or greater value. Odds of winning depend upon the number of eligible entries received during the Entry Period. Limit one prize per household. The total actual retail value of all prizes available to be won is $2,500. All taxes, if applicable, are the sole responsibility of the winner. All prizes awarded are subject to verification of eligibility and compliance with these Official Rules.

Privacy. Personal information that entrants provide in connection with the promotion will be collected by Cinepolis. See Cinepolis’ privacy policy at (https://cinepolisusa.com/home/privacy) for details of how information that is collected in this promotion may be used.

Liability Limits and Indemnification. By entering and/or participating, all entrants and winners, on behalf of themselves, their executors, heirs and assigns hereby: (a) release Cinepolis, “MGM” and their respective affiliates, officers, employees, agents, representatives, licensees and assigns, from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property, including death and bodily injury, which may be sustained in connection with the conduct or outcome of the Sweepstakes or the receipt, ownership or use or misuse of any prize awarded, (b) indemnify and hold harmless Cinepolis and MGM from and against any and all claims arising from the foregoing, and (c) indemnify and hold harmless Cinepolis and MGM from and against any and all claims arising from the acts or omissions of entrant or winner. Under no circumstances will Cinepolis or MGM be liable for punitive, incidental, consequential, or special damages (including lost profits) or any other damages in excess of actual out-of-pocket costs incurred (if any) not to exceed $50, but in no event will attorneys' fees be awarded or recoverable.

General. This Sweepstakes shall be governed by the laws of the state of Texas, without regard to conflict of laws provisions.   The decisions of Cinepolis are final with respect to all aspects of the Sweepstakes. Cinepolis reserves the right to verify eligibility qualifications of any winner. Except where prohibited, all disputes arising out of or connected with this Sweepstakes will be resolved on an individual basis by binding arbitration subject to the rules of the American Arbitration Association. Participants shall have no right to seek injunctive or equitable relief with regard to any motion picture or any other business or entertainment property of MGM or Cinepolis.  All parties shall have the right to bring qualifying claims in small claims court. If an in-person hearing is required then it will take place in Dallas, Texas; provided, however, if this location is inconvenient for all parties, then the parties may mutually agree on an alternative location. The arbitrator's decision and award will be final and binding and judgment on the award may be entered in any court with jurisdiction. The invalidity or unenforceability of any portion or provision of these Official Rules or an Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or an Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If there is a discrepancy between these Official Rules and any other promotion materials (except for the General Terms and Conditions), the Official Rules will control and govern this promotion. Cinepolis’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision.

GENERAL TERMS & CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCE OF WINNING. FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY ALL U.S. FEDERAL, STATE, LOCAL LAWS, CODES AND OTHER SIMILAR GOVERNING LAWS, RULES, REGULATIONS AND/OR ORDINANCES.

1. ELIGIBILITY. Any sweepstakes, contest, raffle and/or other form of "give away" ("Sweepstakes") is open only to those who sign up at the online page (or other entry method) and who are eligible as of the date of entry. Any Sweepstakes may be commenced at the time specified on the website information for the particular Sweepstakes ("Sweepstakes Period"). The Sweepstakes are open only to legal residents of the United States (excluding residents of any jurisdiction where Sweepstakes would be prohibited by law) who meet the minimum age requirements applicable at the time of Sweepstakes registration, and will be void where prohibited by law. Employees, officers, directors, suppliers, agencies performing advertising, promotional, fulfillment and marketing, their immediate families and those living in the same household of each are not eligible to participate in any Sweepstakes.
You acknowledge that any Sweepstakes conducted by USA Cinema Investments Holding Inc., on behalf of itself and/or its subsidiaries or affiliates within the United States of America, (collectively, “Cinepolis”) is in no way sponsored, endorsed or administered by, or associated with, any social media platform or other company. You are providing your information to Cinepolis. The information that you provide will only be used for the purposes described in these Official Rules.

2. AGREEMENT. BY PARTICIPATING IN ANY SWEEPSTAKES, YOU AGREE TO THE APPLICABLE OFFICIAL RULES, YOU MEET THE ELIGIBILITY REQUIREMENTS AND YOU AGREE TO ACCEPT THE DECISIONS OF CINEPOLIS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS. BY PARTICIPATING IN ANY SWEEPSTAKES AS AN ENTRANT, ("ENTRANT" OR "YOU") YOU ALSO I) AGREE TO BE FULLY AND UNCONDITIONALLY BOUND BY THE APPLICABLE OFFICIAL RULES, II) WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE SWEEPSTAKES AND/OR THE APPLICABLE OFFICIAL RULES AND III) FURTHER AGREE TO BE BOUND BY CINEPOLIS'S DECISIONS AND INTERPRETATION OF ANY OFFICIAL RULES.

ALL DATA REQUESTED AT REGISTRATION, PRIZE FULFILLMENT OR AT ANY OTHER TIME IN CONNECTION WITH ANY SWEEPSTAKES MUST BE ACCURATE. IF INACCURATE INFORMATION IS SUPPLIED, IT WILL RESULT IN YOUR DISQUALIFICATION FROM THE APPLICABLE SWEEPSTAKES AND PREVENT THE AWARDING OF ANY PRIZE THAT YOU MAY HAVE WON.

3. HOW TO ENTER. Any Sweepstakes must be entered by submitting an entry using the online form provided or as otherwise noted. The entry must fulfill Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Cinepolis. You may enter only one and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Cinepolis.

4. PRIZES.

A. Actual appraised value of any prizes may differ at time of prize award. The specifics of the prize shall be solely determined by Cinepolis. No cash or other prize substitution will be permitted except at Cinepolis's discretion. The prize is nontransferable. Any and all prize related expenses, including, without limitation, any and all federal, state and/or local taxes shall be the sole responsibility of the winner. No substitution of prizes or transfer/assignment of prizes to others or requested may be made for the cash equivalent. Cinepolis may request a winner's name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

B. Prizes will be provided in accordance with these Official Rules. An Entrant is not a winner of any prize unless and until Entrant's eligibility and the potential Sweepstakes winner have been verified and Entrant has been notified that verification is complete. Potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.

5. ODDS. The odds of winning depend on the number of eligible entries received.

6. WINNER SELECTION AND NOTIFICATION.

A. Winners of the Sweepstakes will be selected in accordance with the Official Rules of the particular Sweepstakes. Winners will be notified via email to the email address they entered the Sweepstakes with following the winner selection. Cinepolis shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within Fifteen (15) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required the prize may be forfeited and an alternate winner selected.

B. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

7. RIGHTS GRANTED. By entering into Sweepstakes you understand that Cinepolis, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media, now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

8. TERMS.

A. Cinepolis reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Sweepstakes should a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. Cinepolis reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates the applicable terms and conditions. Cinepolis reserves the right, in its sole discretion, to void the entries at issue and/or terminate any Sweepstakes and conduct a random drawing to award the Prize using all eligible entries received as of the termination date.

B. Cinepolis has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

C. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Cinepolis reserves the right to seek damages from any such person to the fullest extent permitted by law.

D. Cinepolis reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any Sweepstakes or be acting in violation of the Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner and to take any further action to the fullest extent permitted by law. Cinepolis's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

E. By entering the Sweepstakes, you agree to receive email newsletters periodically from Cinepolis. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

9. LIMITATION OF LIABILITY.

A. By entering into any Sweepstakes you agree to release and hold harmless Cinepolis and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including, but not limited to, the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error that may occur in the administration of the Sweepstakes.

B. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE SWEEPSTAKES, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEY'S FEES; AND (III) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR ACTUAL OUT-OF-POCKET EXPENSES. ANY CLAIM OR DISPUTE AGAINST CINEPOLIS WITH RESPECT TO THE DRAWING MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES.

C. Winners will be solely responsible for any costs associated with receipt of any prize, including, but not limited to, all federal, state and local taxes. Winners will also be responsible for any and all taxes or fees relating to participation in any Sweepstakes, or use and/or redemption of any prizes. Cinepolis, its employees, trustees/directors, officers, agents, representatives and/or assigns will not be liable for any loss, injury or damage to persons, property or otherwise in connection with or relating to any prize or any Sweepstakes. Cinepolis will not replace a lost or stolen prize once it has been issued to the winner(s).

D. By participating in these Sweepstakes and/or accepting a prize, any winner agrees to release and hold harmless Cinepolis, its respective employees, trustees/directors, officers, agents, representatives, investors, assigns and/or Cinepolis for any and all liability or damage, for any injuries, loss, damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly by participation in any Sweepstakes or use or redemption of any prize, or awarding, receipt, possession, use and/or misuse of any prize awarded herein and acknowledges that Cinepolis, and its respective employees and agents have neither made nor are in any manner responsible or liable for warranty, representation or guarantee, express or implied, in fact or and law, relative to any prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.

E. Cinepolis has the right to make use of any information provided by you for business purposes. Cinepolis will not be responsible for any confidential or proprietary information from You.

F. By participating in any Sweepstakes, You agree to be bound by these rules and regulations and decisions made by Cinepolis as well as other applicable terms and conditions. Cinepolis, its employees, directors, officers, agents, representatives, investors, assigns and/or Cinepolis are not responsible for any typographical or other error in any Sweepstakes material or offer, in the administration of the Sweepstakes or in the announcement of the prizes. Additionally, Cinepolis will not be responsible for any human error, lost/delayed data transmission or omission, interruption, deletion, problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or injury or damage to any computer related to or resulting from participation or downloading any materials in any Sweepstakes.

10. PRIVACY. Cinepolis will not share, sell, rent, or release your personally identifiable information to others, unless required by law. Cinepolis will utilize the information provided for its own marketing and other business purposes. Cinepolis will not share the information with others for any reason, except when to do is required by law.

11. TAX INFORMATION. All federal, state, local, and other taxes on any prize are the sole responsibility of the applicable winner. All prize winners are solely responsible for paying and reporting, as and when required by law, all income taxes and other taxes and expenses attributable to any prize, whether or not Cinepolis makes any withholding for taxes from the amount, and each winner authorizes Cinepolis to withhold from any prize any and all amounts to be withheld by applicable law and shall indemnify, defend, protect and hold harmless Cinepolis against all claims relating to such taxes and expenses.

12. GENERAL. Any Sweepstakes is conducted in English (which will be given its everyday ordinary meaning), and any and all disputes that cannot be resolved between the parties within Thirty (30) days of the date of the commencement of negotiations between the parties, and causes of action arising out of connected with any Sweepstakes, will be resolved through non-binding mediation. The parties shall select a neutral third party each to administer the mediation. The mediation will be conducted in accordance with the American Arbitration Association Rules addressing mediation. If the dispute is not resolved through medication within a reasonable time period, not to exceed Sixty (60) days, as hereinabove provided or otherwise by agreement, the dispute shall be finally settled by binding Arbitration. The Arbitration will be conducted expeditiously in accordance with the American Arbitration Commercial Arbitration Rules at a mutually agreeable location. Any award rendered in arbitration shall be limited to those remedies available to any appropriate court of competent jurisdiction in the State of Texas, exclusively, and subject to the laws of the State of Texas, including awarding attorneys' fees and costs of the legal proceeding to the prevailing party. The award rendered through arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction for execution.