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REDBOX MOVIE MATCHUP TERMS

 

 

IMPORTANT! PLEASE CAREFULLY READ THESE REDBOX MOVIE MATCHUP TERMS (“TERMS”) BEFORE PARTICIPATING IN THE REDBOX MARCH MATCHUP, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

YOU AGREE TO THESE TERMS AND THE DECISIONS OF REDBOX, WHICH ARE FINAL AND BINDING IN ALL RESPECTS, BY PARTICIPATING IN THE PROGRAM. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE PROGRAM TERMS, DO PARTICIPATE IN THE PROGRAM. REDBOX MAY LIMIT OR RESTRICT YOUR ABILITY TO PARTICIPATE IN THE PROGRAM IN ITS SOLE DISCRETION AND MAY VOID THE POINTS (DEFINED BELOW) AND PROMO CODES (DEFINED BELOW) YOU HAVE ACCUMULATED IN THE PROGRAM IF YOU DO NOT COMPLY WITH THESE TERMS. 

YOU MUST PROVIDE A VALID E-MAIL ADDRESS TO RECEIVE ANY PROMO CODES.

PLEASE ALSO REVIEW THE REDBOX PRIVACY POLICY at http://www.redbox.com/privacy (“PRIVACY POLICY”).  THESE ENTIRE TERMS AND REDBOX’S PRIVACY POLICY APPLY TO YOUR PARTICIPATION IN THE PROGRAM.  BY PARTICIPATING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO REDBOX AND NOT FACEBOOK. 

PROGRAM SUMMARY: The Redbox Movie Matchup (the “Program”) sponsored by Redbox Automated Retail, LLC (“Redbox”) starts on March 18, 2013 at 12:00:00 am Central Time (“CT”) and ends on April 17, 2013 at 11:59:59 pm CT (the “Program Period”). The Program consists of an online movie matchup game in which eligible individuals vote for which of two movies they want to “win” in four (4) designated genre categories and otherwise engage with the game to earn points (“Points”), which may qualify them to receive one or more Redbox promo codes (“Promo Codes”), subject to verification.  The matchups will be organized in bracket form and there will be four (4) rounds of matchups.  The movie with the most votes from each matchup will “win” and move on to the next round and the other “losing” movie will be disqualified.  Participants can vote for any or all of the movie matchups in a particular round by the deadlines in the next section.  Participants can earn Points for each vote they submit for a matchup (once per matchup). Participants can also earn “bonus” Points by taking four (4) different actions, a maximum of one time each.  All votes and other activity must be actually recorded through the Application and Web Site (both defined below) during the Program Period to earn Points and be eligible to receive any Promo Code. By participating in the Program, each participant unconditionally accepts and agrees to comply with and abide by these Terms, the instructions on the Application and Web Site, and the decisions and instructions of Redbox, including the interpretation of these Terms, which will be final and binding in all respects.  Redbox reserves the right for any reason to extend, shorten, amend or cancel this Program or amend these Terms.  Points and Promo Codes are intended to reward individual participants for specific behavior and are not governed by rules of chance.

HOW TO EARN POINTS:  During the Program Period, eligible individuals (see next section for eligibility requirements) may participate in the Program by visiting the web site located at www.facebook.com/redbox (“Web Site”), choosing to “Like”  the Redbox® page on Facebook (if they have not previously done so), granting the Redbox Movie Matchup application (“Application”) access to certain Facebook account information, confirm or correct their basic contact information (including, without limitation, a valid e-mail address) and following the onscreen links and instructions to submit their votes for the matchups made available through the application.  The movie matchups will be organized according to four (4) genre categories: Comedy, Horror, Adventure, and Family.  You may vote for as many matchups as you want in any given round.  The votes for a matchup in a given round must be recorded through the Application between the Start Time and Deadline below to receive the Points indicated:

Round

Start Time (all at 12:00:00am CT)

Deadline (all at 11:59:59pm CT)

A Vote in this Round is Worth:

First

March 18, 2013

April 2, 2013

200 Points

Second

April 3, 2013

April 10, 2013

400 Points

Third

April 11, 2013

April 14, 2013

600 Points

Semi-Finals

April 15, 2013

April 16, 2013

800 Points

Finals

April 17, 2013

April 17, 2012

1000 Points

After the deadline for each round, the votes will be tallied and the movie with the highest number of votes will “win” and move on to the next round until one (1) winning movie is determined.  Participants may also earn bonus Points in the following amounts by following the on-screen links and instructions in the Application:

  • Inviting one or more friends through Facebook = 200 Points (regardless of number of friends invited)
  • Sharing the Program through a wall post = 200 Points
  • Signing up to be a part of the Redbox Text Club = 1000 Points
  • Signing up to receive Redbox emails = 500 Points

 

Each participant may only earn bonus Points once per type of activity listed above, for a maximum of 1900 bonus Points.  The votes in the Web Site’s and Redbox’s electronic records as of the applicable round deadline will be deemed final and used for determination of Points. Votes and participation activity for bonus Points will qualify for participation in the Program and to earn Points only if they are actually received and recorded by the Application’s servers during the Program Period and round, as applicable, and otherwise fully comply with these entire Terms, applicable terms on the Web Site, and the Application’s instructions.  Participating in the Program is free.  Normal Internet access and usage charges imposed by your Internet Service Provider may apply.  A participant may only earn Points once for each vote and vote once per matchup.  A participant is only allowed to vote once.  If a participant revisits a matchup that they have already voted for, the Application will show them what they voted for and thank them for voting. A participant will not have the ability to vote more than once. Participants may not change their vote once submitted.  Attempts made by the same individual to participate in excess of any stated limitations, including, without limitation, by using multiple accounts or false contact information, may be disqualified in Redbox’s sole discretion.  Garbled, incomplete, misdirected, lost, late, mutilated, or forged votes or participation, or votes or participation generated by a macro, bot, script, or other automated means will be disqualified and are void. Those who do not follow all of the instructions, provide the required contact information, or abide by these Terms and other instructions of Redbox will be disqualified.  The Application’s database clock will be the official timekeeper for this Program.  All votes, required information, and actions must be received according to Redbox’s records during the Program Period.  For purposes of this Program, votes, information and actions are “received” when the Application and related servers record the electronic information after an individual participant clicks the “Vote,” “Submit” or similar button.  Proof of sending required information or votes (such as, without limitation, a printed, saved or copied confirmation or “thank you” screen or message) does not constitute proof of actual receipt by Redbox for purposes of this Program.  If for any reason information or Votes are received or other activity is recorded other than during the Program Period, it will not result in participation in the Program or any Points earned.  Only participation in accordance with these Terms through the Application on the Web Site will be accepted. 

ELIGIBILITY: The Program is open only to legal residents of any one (1) of the fifty (50) United States, the District of Columbia or Puerto Rico who are at least the age of majority in their state or jurisdiction of primary residence under applicable law as of the initial date of participation and a registered user of Facebook in good standing throughout the time of participation in the Program.  IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS OR ANY OTHER REQUIREMENTS IN THESE TERMS, YOU ARE NOT ELIGIBLE TO PARTICIPATE, AND REDBOX RESERVES THE RIGHT TO DISQUALIFY YOU AND NOT AWARD YOU ANY POINTS OR PROMO CODES. 

HOW TO EARN PROMO CODES:  Within approximately seven (7) days of a participant first earning the number of Points to fall within one of the levels below, the corresponding number of Redbox Promo Codes will be automatically sent to the e-mail address that participant provided at the time of registration for the Application:

Reward Level:

Number of Points needed to achieve level:

Number of Redbox Promo Codes earned at that level:

Ruby

10,000 Points

Three (3) Promo Codes

Gold

7,500 – 9,999 Points

Two (2) Promo Codes

Silver

5,000 – 7,499 Points

One (1) Promo Code

A maximum of six (6) Promo Codes may be earned during the entire Program per person/e-mail address/Facebook account.  Participants who earn fewer than 5,000 Points during the Program Period will not receive any Promo Codes. 

Promo Codes are subject to the following terms: Each promo code expires 5/3/13 at 11:59:59pm CT. Limit: 1 code per transaction, regardless of # of rentals. 1 time use of code only.  Each Promo Code is valid for pickup at the box only for a 1-day standard DVD rental or a discount worth the value of the standard DVD daily rental rate off the first night’s daily rental rate for a Blu-ray Disc® or video game. Code must be submitted at the time of reservation online or  through the official app or at the time of pickup at the box.  Not valid for prior rentals. Your payment card (necessary for any rental) will be charged the excess daily rental rate for a Blu-ray Disc or video game and the full daily rental rate for any additional items, plus applicable tax (except for MD rental transactions for which additional tax is not charged) for the first night of rental, if applicable, and will be charged the full daily rental rate for all items plus applicable tax (except for MD rental transactions) for each day you do not return your rental by 9:00 pm local time (at the box) after first rental night. Void where prohibited by law. Code must not be copied, sold, or otherwise offered. Any other use constitutes fraud. Cannot be combined with other offers. Not redeemable for cash.  Subject to cancellation or change at any time.

All participants are subject to verification of eligibility.  Redbox will not replace any lost, mutilated or stolen Promo Code or any Promo Code that is undeliverable or does not reach the participant because of an incorrect or changed e-mail address or other contact information. If participant does not accept or use their Promo Code, the unaccepted or unused Promo Code will be forfeited and Redbox will have no further obligation with respect to that Promo Code.  Promo Codes may not be sold, auctioned, or traded.  No substitutions or exchanges (including for cash) of any Promo Codes will be permitted. 

GRANT OF RIGHTS: Participation in the Program constitutes permission for Redbox and its licensees and agents to use each participant’s name, likenesses, photograph, voice, biographical and contact information, statements and comments for purposes of advertising and trade throughout the world, including on the internet, without further notice, permission, review, or compensation, except where prohibited by law.  As a condition of being awarded any Promo Codes, participant may be required to confirm such permission in writing or electronically.  Nothing contained in these Terms obligates Redbox or its licensees or agents to make use of any of the rights granted herein and participant waives any right to inspect or approve any such use.

LIMITATION OF LIABILITY:  BY PARTICIPATING IN THIS PROGRAM, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY REDBOX, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, FRANCHISEES, CONSULTANTS, SUB-CONTRACTORS, SUPPLIERS, DISTRIBUTORS, LEGAL COUNSEL, ADVERTISING, PROGRAM, FULFILLMENT, MARKETING AND PUBLIC RELATIONS AGENCIES, AND INDEPENDENT CONTRACTORS, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES, LIABILITY, OR DAMAGES OF ANY KIND, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF PARTICIPATION IN THIS PROGRAM, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PROMO CODE- OR PROGRAM-RELATED ACTIVITY, OR DELIVERY, POSSESSION, AWARDING, MISDELIVERY, ACCEPTANCE, USE, MISUSE OR INABILITY TO USE OR REDEEM ANY PROMO CODE (INCLUDING, WITHOUT LIMITATION, CLAIMS COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, LOSS, DAMAGE, ACCIDENT, OR DESTRUCTION TO OR OF PERSON OR PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LATE, WHETHER INTENTIONAL OR UNINTENTIONAL). 

Without limiting any other provision in these Terms, Released Parties are not responsible or liable to any participant or any person claiming through such participant for failure to supply Points or Promo Codes or any part thereof in the event that any of the Program activities or the Released Parties’ operations or activities are affected, as determined by Redbox in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

COLLECTION OF INFORMATION: Information collected in connection with this Program will be used in accordance with Redbox’s Privacy Policy and these Terms.  In the event of any discrepancy between the Privacy Policy and these Terms, these Terms will control and govern.  To review Redbox’s Privacy Policy, please go to http://www.redbox.com/privacy.

ADDITIONAL DISCLAIMERS AND TERMS: Released Parties are not responsible for any misprints, typographical or other error in these Terms, in any Program-related advertisements or other materials, or the printing, the offering or the announcement of any leading participants or in the administration of the Program.   The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the participant or by human error: participation by illegitimate means (such as, without limitation, by an automated computer program) or in excess of the stated limit; incomplete, illegible, undecipherable, lost, late, damaged, faulty, failed, inaccurate, garbled, delayed, misdirected or mutilated votes, contact information, electronic or digital activities or communications or Program-related correspondence or materials; participation by illegitimate means (such as, without limitation, by an automated computer program) or participation in excess of the stated limit; any technical problems, incorrect announcements of any kind; hardware or software failures of any kind;  any error, omission, interruption, deletion, defect, or delay in operation, communication, or transmission; theft or destruction or unauthorized access to or alteration of votes, information or activities; viruses, technical, network, telephone, computer hardware or software malfunctions of any kind; interrupted or unavailable cable or satellite systems;  lost or unavailable network connections; or inaccurate transmission of, or failure to receive any votes, contact information, or activity for bonus Points on account of technical problems or failures of any wireless, cellular or Internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person’s ability to participate in this Program or receive communication from Redbox or Administrator.   

Released Parties assume no responsibility for undeliverable e-mails or other correspondence resulting from any form of active or passive filtering of any kind or for insufficient electronic or other storage space to receive messages.  Released Parties are not responsible, and may disqualify a participant if his or her e-mail address, telephone, or other contact information does not work or is changed without participant giving prior written notice to Redbox.  Redbox reserves the right to restrict or void participation from any IP address if any suspicious participation is detected.  Released Parties are not responsible for any changes or unavailability of any web site related to this Program that may interfere with the Program (including any limitations, any restrictions, or any conditions on Redbox's ability to use any web site for the Program as set forth herein that are not acceptable to Redbox) or ability of participant to timely participate, receive notices or communicate with Redbox, in which case Redbox, in its sole discretion, may terminate or modify the Program.  Redbox reserves the right to cancel, terminate, suspend, or modify the Program if it is not capable of running as planned for any reason, including, without limitation, if fraud or technical failures destroy the integrity of the Program or if a technical or other problem corrupts administration of the Program as determined by Redbox, in its sole discretion.  Any use of robotic, automatic, programmed, or similar methods of participation will void any and all participation related to the use of those methods.  Participants agree to not damage or cause interruption of the Program and/or prevent others from using the Program. Redbox reserves the right, in its sole discretion, to disqualify any participant who Redbox believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Program.  If Redbox determines at any time in its sole discretion that a participant is disqualified, ineligible, in violation of these Terms, or engaging in behavior that Redbox deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Redbox reserves the right to disqualify that participant, even if the disqualified participant may have been notified or displayed or announced on the leaderboard or anywhere else.  If any person supplies false information, participates by fraudulent means or is otherwise determined to be in violation of these Terms in an attempt to obtain any Points or Promo Codes, Redbox may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  Redbox’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Program-related materials and/or these Terms (including any alleged discrepancy or inconsistency in these Terms), it will be resolved in Redbox’s sole discretion.  The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in these Terms.
NOTE:  ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM VIOLATES CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 
DISPUTES/GOVERNING LAW/VENUE: Except where prohibited, as a condition of participating in this Program, each participant agrees that any and all disputes that cannot be resolved between the participant and any Released Party, claims and causes of action arising out of or connected with this Program, or the Points or Promo Codes awarded must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an participant be permitted or entitled 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 participant’s actual out-pocket expenses (if any), not to exceed six dollars ($6), and participant further waives all rights to have damages multiplied or increased.
THIS PROGRAM, THESE TERMS, AND ANY DISPUTE RELATED THERETO (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) ARE GOVERNED, CONSTRUED AND INTERPRETED BY THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. ANY LEGAL ACTION, SUIT, PROCEEDING OR DISPUTE IN CONNECTION WITH THIS PROGRAM (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) WILL BE BROUGHT AND RESOLVED EXCLUSIVELY IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, OR IF THAT COURT IS WITHOUT JURISDICTION OVER THE MATTER, THEN IN THE STATE COURTS OF DUPAGE COUNTY IN THE STATE OF ILLINOIS, AND EACH PARTICIPANT IRREVOCABLY ACCEPTS, CONSENTS AND SUBMITS TO THE PERSONAL JURISDICTION AND VENUE OF THESE COURTS WITH RESPECT TO ANY LEGAL ACTIONS, SUITS, PROCEEDINGS OR DISPUTES ARISING OUT OF OR RELATED TO THIS PROGRAM. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

This Program is sponsored by:  Redbox Automated Retail, LLC, One Tower Lane, Suite 900, Oakbrook Terrace, IL 60181.