IMAX PRIZE SWEEPSTAKES

TERMS AND CONDITIONS

Niagara IMAX Theatre, IMAX prize Sweepstakes (the “Sweepstakes”) is a sweepstakes sponsored and administered by Destination Cinema, Inc., a Delaware corporation (“DCI”), located at 4155 Harrison Blvd., Suite 201, Ogden, Utah 84403, and its subsidiaries Niagara Theatre Venture doing business as Niagara Falls IMAX Theatre, DCI are collectively referred to as the “Sponsor.”  These Sweepstakes Terms and Conditions apply only to the Sweepstakes.

The Prize. 

The Sponsor will send the winner and a companion on a BOAT TOUR??? which includes (a) an airplane ride for two taking off from the Grand Canyon National Park Airport. The tour heads for the eastern part of the Canyon. Crossing Zuni Point and through the Zuni Corridor, see the Desert View Watchtower, the Painted Desert, and the Navajo Indian Reservation just to the east along the Colorado River. The airplane tours Grand Canyon then turns, crossing Temple Butte and heads for the North Rim to show off fantastic areas of the Kaibab Plateau and Kaibab National Forest. Imperial Point, the highest point in the Canyon, can be clearly seen as Grand Canyon airplane tours fly directly west towards the Dragon Corridor, the widest and most open part of the Canyon. Tour duration is 45-50 minutes.

The Sponsor will provide a Nikon D3100 camera and ship to the winners address.  If a Nikon D3100 is not available at time of sweepstakes draw, a similar quality camera will be provided.

The Sponsor will provide IMAX tickets for two to see Grand Canyon: The Movie in IMAX at the National Geographic Visitor Center.

The Sponsor will provide 1 DVD copy of Grand Canyon: The Hidden Secrets and ship to the winners address.

All other expenses, including, without limitation, all airfares and other transportation costs to and from Grand Canyon National Park and all lodging, meals and other expenses while in Grand Canyon, will the sole responsibility of the winner.  The Grand Canyon Airlines Tour must be booked at least 60 days in advance and must be used by August 31, 2013.  All arrangements are determined by the Sponsor in its sole discretion. Arrangements must be made through the Sponsor or its agent.  The winner and guest must travel on the same itinerary on dates determined by the Sponsor. The Sponsor will attempt to accommodate general date requests of the winner. All arrangements are subject to availability, blackout dates, other restrictions, change and travel disruptions. If any portion of the prize is canceled or postponed for any reason, the Sponsor will have no obligation to award compensation in lieu thereof. The Total Approximate Retail Value of the prize is $1,090 (U.S.), but actual value may vary depending on costs at the time of booking, the value of services rendered and products provided at time of travel.  Airfare is not included.

Sweepstakes Period.  February 7th, 2013 – June 4th, 2013.

How to Enter.  Navigate to the Sweepstakes entry page at explorethecanyon.com/contest, complete the entire entry form and submit it to the Sponsor as instructed.  There is also a link to the Sweepstakes entry page at explorethecanyon.com.  You can only enter the Sweepstakes twice and there is a limit of six entries per household.  By entering the Sweepstakes, you agree to be bound by these Terms and Conditions.

No purchase is necessary to enter the Sweepstakes.

Prize Winner.  One winner will be selected for the Prize reasonably promptly after the Sweepstakes Period.

Prize Selection and Delivery.

–    The winner will be selected by DCI in a random drawing.

–    Odds of winning will depend on number of entries in the Sweepstakes.

–    The winner may be notified by phone or e-mail and to satisfactorily complete an Affidavit of Eligibility showing that the winner has complied with these rules and publicity release/prize acceptance, a Liability and Publicity Release, a Trip Release and W9, all of which must be returned within ten (10) days to DCI.  The winner must agree in writing that Sponsor, and anyone they may authorize may without compensation publish, display and otherwise use the winner’s name, photograph or other likeness, biographical information and statements concerning the Sweepstakes for purposes of advertising and promotion without additional compensation. The potential winner then and only then becomes the “winner.” The Sponsor reserves the right to revoke the prize in the event of material misrepresentation. If the potential winning entrant of the prize cannot be contacted; is ineligible; fails to return the completed and executed required documents, if the Prize Notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize may be awarded to an alternate winner as selected by DCI.

General Terms and Rules.

–    Eligibility.  Open only to participants who are legal residents of the continental United States or Canada, age 18 or older.  Also, the winner’s trip companion must be a legal resident of the continental United States or Canada, age 18 or older.  Void in the province of Quebec, Canada, Puerto Rico, U.S. territories & possessions & wherever prohibited by law or where taxed, regulated or where registration is required. Employees and their immediate families (and those living in the same household) of the Sponsor and their parent companies, affiliates, subsidiaries, advertising and promotion agencies (all of the foregoing entities, collectively, being the “Affiliates”) are not eligible to enter or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. All entries in the Sweepstakes will be deemed made by the authorized holder of the participant’s email account who is the natural person assigned the email address.

–    Winner.  The winner will be selected in a random drawing conducted by DCI whose decisions are final and binding in all matters regarding the Sweepstakes.  The winner will be notified by e-mail or phone.

–    Disqualification.  The Sponsor reserves the right to remove entries which are believed to be fraudulent or invalid.  Disqualification may result from:

–    The failure of a potential winner to respond to notification as required within ten (10) calendar days after the announcement of winning the Prize.

–    The return of the winning e-mail announcement as undeliverable.

–    The return of any communication as undeliverable.

–    Non-compliance with the directions for method of entry.

–    Other non-compliance with the Terms and Conditions.

–    The Prize.  The Sponsor will award the prize only upon winner confirmation, verification and final approval. No substitution, transfer of the prize or cash alternative permitted, except by the Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if the prize, or any portion thereof, becomes unavailable.  Failure to collect or properly claim the prize in accordance with these rules will result in forfeiture of the prize.  A maximum of one prize will be awarded. The winner is solely responsible for any expenses not expressly included in the prize description, such as all lodging, meals and other expenses while in Grand Canyon and all federal, state, and local taxes on prizes.  No substitution, assignment, redemption for cash, or transfer of any prize permitted except in the sole discretion of the Sponsor.  The Sponsor reserves the right to substitute a prize of equal or greater value.  The Sponsor reserves the right to withhold taxes or other payments as deemed by it necessary or appropriate to comply with applicable law.  The Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the prize manufacturer or shipping agents.  The winner will be required to complete and return (a) Grand Canyon Airlines standard trip documents and agreements, (b) a W-9 form, (c) affidavit of eligibility, (d) liability/publicity release, (e) release of the Sponsor and its Affiliates from any liability from or in connection with the prize and (f) present a valid driver’s license and social security card before the prize will be awarded. The winner of the prize will be issued a 1099 form reflecting the value of the prize and is responsible for paying all income taxes on prize.  If the winner is a resident of Canada, as a condition of winning the prize, the winner must correctly answer the following skill testing question: (3×6) + 12 – 8 =.

–    Amendment of Rules.  The Sponsor reserves the right at any time to alter these rules based on its discretion.  Any change or update of the rules will be posted on this site.

–    Privacy.  The information collected by the Sponsor is subject to its Privacy Policy.  The Sponsor may use the winner’s name, prize information and state/country of residence for promotional purposes in any media without further payment or consideration.

–    Release.  By entering, participants agree, to the fullest extent permitted under applicable law, to release, discharge and hold harmless the Sponsor and each of its Affiliates and their respective equityholders, officers, employees, agents and representatives from any and all claims, damages, liabilities, personal injury, loss, costs and expenses which may arise out of participation in this contest, the sweepstakes or out of the acceptance, use or misuse of the prize. By participating, participants agree to these rules and to the decisions of the Sponsor whose decisions shall be deemed final and binding.

–    Internet.  If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or failure of any e-mail or entry to be received by the Sponsor because of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this contest. Note: Any attempt by any person to deliberately damage any Web site or undermine legitimate operation of the contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

–    Legal.  Except where prohibited, by making an entry, participant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded, other than the administration of the Sweepstakes or the determination of winners, shall be resolved individually and exclusively by the appropriate state or federal court located in Salt Lake City, Utah, USA; (b) any and all claims, judgments and awards shall not include out-of-pocket costs incurred, travel expenses or attorneys’ fees and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages. Nothing contained in the foregoing sentences of this paragraph shall diminish, narrow or restrict in any manner whatsoever the release of all claims, damages, liabilities, costs and expenses agreed to and granted by the participants pursuant to the “release” paragraph set forth above, the terms of which paragraph shall remain in effect as set forth above in all instances. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of participant and sponsor in connection with the Sweepstakes, shall be governed solely by the laws of the State of Utah, USA without giving effect to any choice of law or conflict of law rules.