Rules

Official Rules for 

“America’s Musical Journey Premiere Sweepstakes”

1. SWEEPSTAKES DESCRIPTION.  These official rules ("Official Rules") apply to the “America’s Musical Journey Premiere Sweepstakes” (the "Sweepstakes") offered as part of the promotion for the launch of the America’s Musical Journey film. One grand-prize winner will be selected to win the “America’s Musical Journey Premiere Sweepstakes” prize of a roundtrip airfare for two to Washington, DC, two nights hotel accommodation in Washington, DC, and two tickets to the premiere of America’s Musical Journey at the Smithsonian’s National Museum of American History on February 16, 2018. Without exception, the grand-prize winner must have agreed to the rules of the promotion to be eligible for the prize. To enter into the Sweepstakes, you must provide your name, age, e-mail address, and complete an entry form as described herein for a chance to win, subject to the following terms and conditions. The Sweepstakes is sponsored by MacGillivray Freeman Films.

NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. COMPLETING AND SUBMITTING THE ONLINE ENTRY FORM WILL NOT INCREASE OR IMPACT YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This Sweepstakes is sponsored by MacGillivray Freeman Films, (“Sponsor”). This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter; nor is Smithsonian responsible for its administration. Facebook and Smithsonian Institution have complete release from any obligation by each entrant or participant.  Direct any questions or complaints to Sponsor, not Smithsonian or Facebook.

2. ENTRY PERIOD: The Sweepstakes commences at 10:00:01 AM (PT) on November 15, 2017, and ends at 11:59PM (PT) on January 22, 2018 (the “Sweepstakes Period”).  All entries must be received or postmarked by 11:59PM (PT) on January 22, 2018 and any entries postmarked thereafter shall be null and void, and ineligible for the Sweepstakes.

3.  ELIGIBILITY:

This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia. Entrants must be at least 21 years of age or older at time of entry. Winner must present valid driver’s license and/or passport to verify date of birth. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Sponsor and any affiliated companies, sponsors, advertising agencies, and third party fulfillment agencies are not eligible.

4. HOW TO ENTER: There are two ways to enter into the Sweepstakes and become an eligible entrant (“Entrant”), subject to the terms and conditions set forth herein. 

A) PRIMARY ENTRY: In order to be entered into the Sweepstakes, an Entrant must fill out the entry form provided by MacGillivray Freeman Films that will reside on the http://americasmusicaljourney.com/ website or the websites of the theatres that are playing the America’s Musical Journey film. Entrant must acknowledge electronically or in written form that they agree to the Official Rules and agree to the terms of use and the terms of the Sponsor’s terms of use (“Terms of Use” (Located in the footer of this website)) and the privacy policy (“Privacy Policy” (Located in the footer of this website)) and complete all required fields on the entry form and submit same prior to conclusion of the Sweepstakes Period in accordance with the terms and conditions set forth herein.

 (B) ALTERNATIVE ENTRY: In order to be entered into the Sweepstakes without completing and submitting an online entry form, an Entrant must mail in a 3 x 5” card with the Entrant’s first and last name, physical address, e-mail address, date of birth, and telephone number to “America’s Musical Journey Premiere Sweepstakes,” MacGillivray Freeman Films, P.O. Box 205, Laguna Beach, California 92652 (which must be postmarked prior to the conclusion of the Sweepstakes Period), prior to conclusion of the Sweepstakes Period in accordance with the terms and condition set forth herein. For the avoidance of doubt, mail-in entries must be postmarked before the conclusion of the Sweepstakes Period and must be received by Sponsor no more than 7 days thereafter.

 (C) GENERAL ENTRY TERMS: All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries.” Entrant may gain additional Eligible Entries by taking “social actions” provided on website after completing primary entry. Social Actions include, but are not limited to, visiting the Americas Musical Journey Facebook Page, following the Mac Free Films Instagram page, watching the suggested YouTube video or sharing the link provided to a list of social platforms at Entrant’s discretion. Each mail-in entry must be mailed separately and, if in an envelope, each must be mailed in a separate outer envelope. In the event of a dispute over who submitted the winning entry, the authorized subscriber of the e-mail account used to participate in the Sweepstakes at the actual time of entry, will be deemed to be the Entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries (both mail-in and electronic) and materials become the property of Sponsor and will not be acknowledged or returned. THE ODDS OF WINNING THE SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.

5. ENTRY CONDITIONS: By entering and/or participating in the Sweepstakes, each Entrant agrees: (a) to be bound by and comply with (i) all of the terms and conditions set forth in these Official Rules, (ii) the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes; (iii) the Terms of Use and Privacy Policy, and (iv) not to hold themselves out as an agent or representative of Sponsor; and (b) to release and hold Sponsor, its agents, employees, officers, directors, successors and assigns, and any suppliers, licensors, donors, sponsors, suppliers, operators, service providers, marketing partners and other affiliated parties in connection with the Sweepstakes (collectively, the “Sponsor Entities”) harmless against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of any Prize (as defined herein), including, without limitation, publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of action. Further, Sponsor shall not be responsible for errors, omissions, interruptions, deletions, defects (in part or in whole), delays in operations, transmissions, theft, or destruction or unauthorized access to or alternations of any entry correspondence, transmissions or other materials in connection with the Sweepstakes. Any attempted submissions or entries in connection with the Sweepstakes that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including, without limitation, by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility on any servers or otherwise shall not be counted or eligible for the Sweepstakes, as determined by Sponsor, in its sole discretion.

6. PRIZE WINNER SELECTION AND NOTIFICATION: Subject to the terms and conditions set forth herein, there will be one (1) grand-prize winner randomly selected from among all qualifying Entrants on or about 10 days after the conclusion of the Sweepstakes Period. Several second-prize winners will be selected randomly from all Entrants and from each theatre playing the film, so that there will be one second prize winner randomly selected from each theatre playing the film and participating in the sweepstakes. Sponsor and/or its designees shall thereafter attempt to contact the potential Prize Winners using the e-mail address provided by the Entrant as part of the entry process.  Grand Prize winner will be selected randomly from all entrants.

If the potential Prize Winners cannot be contacted or do not respond (within 48 hours of attempted notification) and/or return two (2) copies of the completed Sweepstakes Documentation (as defined herein) within five (5) days of said attempted notification, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winners and, if time permits, to select the next qualifying potential Prize Winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Official Rules. Sponsor shall not be responsible for failed attempts to notify any potential Prize Winners and no responsibility is assumed by Sponsor for any e-mail(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any network, servers, computer equipment, software, applications, the Internet or any combination thereof. For the avoidance of doubt, each potential Prize Winner shall be subject to verification, including, without limitation, as described in Article 7 below, which may require more than six weeks for processing and confirmation of same.

7. PRIZE WINNER VERIFICATION: Upon the request of Sponsor, the potential Prize Winner must sign and return the following documents in order to be eligible to receive the Prize (as defined herein): (a) an affidavit of eligibility, (b) a publicity/liability release, (c) any other releases and waivers requested by Sponsor, in each instance (i.e., subsections (a), (b) and (c) above), releasing Sponsor from any and all liability, loss, claims, demands, and causes of action for or related to (i) personal injury, damage, theft, loss, or any other harm suffered in connection with the Sweepstakes or the receipt and/or use of any Prize and (ii) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including, without limitation, the use/misuse and/or acceptance of any Prize; and (d) except where prohibited by law, a promotional release granting Sponsor the right to use each potential Prize Winner’s name and likeness for advertising, marketing and publicity purposes without additional compensation, credit, accounting, notification or approval (collectively, the “Sweepstakes Documentation”). By entering into the Sweepstakes, each Entrant agrees to promptly sign and return all of the Sweepstakes Documentation.

8. PRIZE TERMS AND RESTRICTIONS: Only the Prizes as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Sponsor reserves the right to substitute any Prize with another prize of equal or greater value, including a cash award, in the event that the applicable Prize (or any component thereof) is not available. Payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any Prize, are the sole responsibility of the Prize Winner. The Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use and redemption of any Prize. The Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety or performance of any Prize. Restrictions, conditions, and limitations apply. Sponsor shall not be liable for nor replace any lost or stolen element of any Prize. Designation as a Prize Winner is non-transferable or assignable to any other person or entity.

9. PRIZE DESCRIPTION AND CONDITIONS: Subject to all of the terms set forth in these Official Rules, the prize for the Sweepstakes shall include the following:

The “America’s Musical Journey Premiere Sweepstakes” prize awards one winner roundtrip airfare for two (coach class) domestic travel from winner’s U.S. place of residence to Washington, DC, two nights hotel accommodation in Washington, DC and two tickets for the premiere of America’s Musical Journey on February 16, 2018 at the Smithsonian’s National Museum of American History. Winner must obey all local laws. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to: ground transportation, airfare, personal charges at lodging, telecommunication charges, security fees, taxes, or other expenses or incidentals are the responsibility solely of winner. Winner will be contacted, in advance, to provide input on trip details and outline of reasonable travel arrangements and options, however exact flight time, airline carrier, departure and return to airport shall be selected and finalized at the sole discretion of a representative from MacGillivray Freeman Films.  Restrictions, conditions and limitation may apply. The Approximate Retail Value (“ARV”) of this prize trip is: U.S. $2,000. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to substitute the prize or prize component with another of comparable or greater value. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

10. POSTING TERMS; RESTRICTIONS; LICENSE: In order to promote, market and publicize the Sweepstakes, the Sponsor Entities and certain other related initiatives, entities and services, the Sponsor Entities require a license to use any and all information, materials and content publicly posted by entrant on Facebook/Instagram/YouTube/Twitter, made available or submitted in connection with each Entrant’s participation in the Sweepstakes, including, without limitation, each Entrant’s name (and likeness), user name(s), biographical information, and any other personal information that the poster has made publicly available on Facebook (collectively, the “Postings”) solely for promotion of this Sweepstakes. By way of example and by no means limitation, the Postings may be used in connection with leader boards, widgets, news feeds, emails, notifications, message boards, forums, blogs, online social community network profiles/groups/platforms, periodicals, magazines, news reports, websites, programming channels, broadcast and any other means of public display and performance, and other uses which may incorporate the Sponsor Entities and/or other affiliated parties' property and branding (including, without limitation, promotional materials such as banners, photos, logos, trademarks, audio-visual content, widgets, etc.). Accordingly, each Entrant hereby expressly grants the Sponsor Entities a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right and license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, create derivative works, modify and promote any and all Postings for purposes of promotion of this Sweepstakes, only, in, on, through and in connection with any and all now known or hereafter devised, discovered or developed forms of media, products, platforms and services, without notice and without compensation, right of inspection, royalty, accounting, liability or obligation of any kind to any Entrant or any other third party.

11. GENERAL TERMS: The Sweepstakes is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Sponsor reserves the right to reject any entries in the Sweepstakes or any Entrant’s activities associated therewith that may be deemed, in Sponsor’s sole discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Sweepstakes.

ANY VIOLATION OF THESE TERMS BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SPONSOR INTO DISREPUTE (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER FROM THE SWEEPSTAKES AND ALL PRIVILEGES AS A PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED.

Sponsor reserves the right to cancel, terminate or modify any transmission or other activity not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. Sponsor is not responsible for errors in the administration or fulfillment of the Sweepstakes, including, without limitation, mechanical, human, printing, distribution or production errors, and may modify or cancel the Sweepstakes for any reason or no reason in its sole discretion without liability or obligation. Sponsor assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Postings, Eligible Entries, memberships, registrations or other correspondence or transmissions in connection with the Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, applications, failure of any e-mail or players on account of technical problems or traffic congestion or otherwise on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to any Entrant’s or any other person's computer related to or resulting from participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of any materials, administration of the Sweepstakes, or in the announcement of the Prize Winners. If, for any reason, any functionality or other aspect of the Sweepstakes is not capable of being offered and/or operated as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. Sponsor reserves the right in its sole discretion to disqualify any Entrant or other party for any reason, including those it finds to (a) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (b) be acting in violation of these Official Rules or the spirit of the Sweepstakes; or (c) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Sweepstakes, including, without limitation, on any entries or legal documents submitted in connection with the Sweepstakes or otherwise. Further, Sponsor reserves the right to disqualify any Entrant whose conduct, in Sponsor’s sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Sweepstakes.

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Entrants agrees and hold harmless Sponsor and Smithsonian Institution from any and all liability resulting or arising from the Entrants acts or omissions in connection the Sweepstakes (which includes acceptance and usage of the prize), to release all rights to bring any claim, action or proceeding against Sponsor from any and all liability resulting or arising from the Sweepstakes and hereby acknowledge that Sponsor 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 the Prizes.

12. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Sweepstakes, each Entrant agrees (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or in connection with this Sweepstakes, or the Prizes awarded, or the determination of the Prize Winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Entrant (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and each Entrant further waives all rights to have damages multiplied or increased. All issues and questions, rights and obligations of each Entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Orange. The Sponsor Entities and each Entrant (or the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state of legal residence) waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes.

13. PRIVACY: By entering the Sweepstakes, and subject to the terms and conditions set forth herein, each Entrant agrees to Sponsor’s use of their personal information as described in the MacGillivray Freeman Films Privacy Policy, located at http://americasmusicaljourney.com/.

14. PRIZE WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner’s name, send a separate, stamped, self-addressed envelope to: “America’s Musical Journey Premiere Sweepstakes,” MacGillivray Freeman Films, P.O. Box 205, Laguna Beach, California 92652.  Requests received after March 1, 2018 shall not be honored.

15. SPONSOR: This Sweepstakes is sponsored by MacGillivray Freeman Films, P.O. Box 205, Laguna Beach, California 92652.