NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The Newk’s “Dinner + A Movie” Sweepstakes (the “Sweepstakes”) is open only to residents of the 50 United States (and DC) who are 18 years of age or older at time of entry. Employees of Newk’s Franchise Company, Lionsgate Entertainment Inc. or any of their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, sibling and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to participate and receive prizes. The Sweepstakes is subject to all applicable United States federal, state and local laws and regulations. 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 a prize is contingent upon fulfilling all requirements set forth herein.
Newk’s Franchise Company, 2680 Crane Ridge Drive, Jackson, MS 39216.
Sweepstakes begins on March 13, 2020 at 11:59pm Eastern and ends on April 17, 2020 at 11:59pm Eastern (the “Sweepstakes Entry Period”).
4. HOW TO ENTER
During the Sweepstakes Entry Period enter by going to https://newks.fishbowlcloud.com/enduserportal/index.html#/registration and signing up for Newk’s Eclub. Once you sign up for the Newk’s Eclub, you will automatically receive one entry into the Sweepstakes. If you are already a member of Newk’s Eclub you can receive one (1) entry by updating your online profile with Newk’s Eclub.
Limit of one (1) entry per person during the Sweepstakes Entry Period regardless of method of entry. Multiple entrants are not permitted to share the same email address. You may only use one email address to sign up for Newk’s Eclub and enter the Sweepstakes. Use of any automated system to participate is prohibited and will result in disqualification. Each potential winner may be required to show proof of being the authorized account holder.
5. WINNER SELECTION AND ODDS OF WINNING
On or about March 16, 2020, March 23, 2020, March 30, 2020, April 6, 2020, April 13, 2020, and April 20, 2020, Sponsor will select two (2) entries for the grand prize described below in a random drawing of all valid entries received. Each selected entrant will be contacted via email using the email contact provided when signing up for the Newk’s Eclub and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding. Failure to respond to the initial verification contact within five (5) days of notification will result in disqualification. The odds of winning depend on the total number of entries received up to the time of the respective drawing. Limit of one prize per person for the Sweepstakes.
6. POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
7. VERIFICATION OF POTENTIAL WINNERS
Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner will be notified after the date of random drawing. The potential winner may be required to sign and return to Sponsor, within five (5) days of the date the notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. If a potential winner of a sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. GRAND PRIZES
Twelve (12) grand prizes will be awarded. Each grand prize winner will receive two (2) Fandango Promotional Codes (each, a “Code”), each valid for one (1) movie ticket purchased at www.fandango.com or via the Fandango app (up to $15 total ticket and convenience fee value) to see I Still Believe at Fandango partner theaters in the US, and a $25 Newk’s Gift Card. Code is void if not redeemed by 5/10/2020. Code cannot be redeemed directly at any theater box office. If lost or stolen, cannot be replaced. No cash value, except as required by law. Not valid with any other offer. One-time use only. Not for resale; void if sold or exchanged. If cost of movie ticket with Fandango’s convenience fee included is more than maximum value of the Code, then user must pay the difference. Any price difference between movie ticket purchased and maximum value of the Code will not be refunded. Approximate retail value of each Code is $15 USD. Limit two (2) codes per person. Fandango Loyalty Solutions, LLC or its parents, affiliates, and subsidiaries are not a sponsor or co-sponsor of this Sweepstakes and are not responsible for the promotion, administration or execution of this Sweepstakes. Gift card terms and conditions apply. No cash alternative or substitution of prizes will be allowed. 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 a 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. Prize will be delivered via email. Approximate retail value of each grand prize is $50. WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
9. ENTRY CONDITIONS AND RELEASE
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Lionsgate Entertainment Inc. which is binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Fandango Loyalty Solutions, LLC, and Lionsgate Entertainment Inc. and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledge that all prizes are awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. GENERAL CONDITIONS
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
12. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) 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 registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Mississippi State Court located in Jackson County, Mississippi; (c) 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 (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Mississippi, without giving effect to any choice of law or conflict of law rules (whether of the State of Mississippi or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Mississippi.
14. ENTRANT’S PERSONAL INFORMATION
15. WINNER’S LIST
To obtain any legally-required winner list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Winners List, Newk’s Eatery 2680 Crane Ridge Drive, Jackson, MS 39216 – Attention Marketing Department. Please specify “winner list” or “Official Rules” and the name of the Sweepstakes in your request.