The ReelzChannel Guaranteed
Movie Recommendation Offer
OFFICIAL FULL TERMS
1. ELIGIBILITY: The ReelzChannel Guaranteed Movie Recommendation Offers are
sponsored by ReelzChannel, LLC ("ReelzChannel") and are open only to: (i) individual
legal residents of the 50 United States the District of Columbia and Puerto Rico;
(ii) who are named account holders of cable or satellite systems and who legitimately
receive the ReelzChannel TV network in their homes or places of residence; (iii)
who have access to the internet; and (iv) who are at least 18 years of age (19 in
AL/NE; 21 in PR) (eligible potential "Participant").
2. REELZCHANNEL GUARANTEED MOVIE RECOMMENDATION OFFERS: Starting at 12:00:00
AM Central Time ("CT") on Wednesday, October 16, 2008, ReelzChannel may, from time
to time and in its sole discretion, air on ReelzChannel TV terms and conditions
of a ReelzChannel guaranteed movie recommendation (each, a "Guaranteed Movie Recommendation",
or an "Offer"), for a specific movie available for rental purchase and viewing on
Participant’s cable or satellite system via Pay Per View ("PPV") or Video On Demand
("VOD") along with an Offer-related guarantee of Participant’s satisfaction with
the Guaranteed Movie Recommendation and commitment to reimburse Participant’s rental
purchase price if Participant is not satisfied with the Guaranteed Movie Recommendation,
subject to verification with the terms and conditions of an Offer and compliance
with these general Offer full terms and conditions ("Terms").
3. OFFER REGISTRATION: In order to be eligible for an Offer, a Participant
must first register for such Offer within the time period for which the Offer is
valid ("Offer Period") by visiting http://www.reelzchannel/guarantee ("Offer Site")
and truthfully, fully and accurately complete, confirm and submit as directed all
mandatory registration information, including the recommended movie for the particular
Offer Period ("Offer Registration Form"). PLEASE NOTE: The first and last name and
full mailing address submitted by a registering Participant must be identical to
the name and address of the account holder as it appears on monthly cable/satellite
system subscriber invoicing, or a tendered Offer Claim will be deemed ineligible.
In addition, a Participant’s computer must accept session cookies during the online
Offer registration process. Print a copy of your Offer Registration Form for your
records and/or potential future claim. Following completion of an Offer Registration
Form and still within the same Offer Period, a Participant must complete a rental
purchase transaction with PPV or VOD for the particular movie specified in the Guaranteed
Movie Recommendation and thereafter view the movie.
4. OFFER CLAIM AND REDEMPTION: If a Participant who has completed an Offer
Registration Form, a qualifying rental purchase transaction and a viewing of the
recommended movie within the associated Offer Period is not satisfied with the Guaranteed
Movie Recommendation, such pre-registered Participant may receive reimbursement
of the rental purchase price by submitting via first class mail with proper postage
affixed and postmarked by the 60th day following the last day of the subject Offer
Period (and received no later than the 63rd day following the last day of the subject
Offer Period): (a) a copy of the Offer Registration Form, including brief reason(s)
for dissatisfaction with the recommended movie; and (b) a truthful copy of an actual
invoice from the cable/satellite system provider with the date, movie title and
rental purchase price of the Guaranteed Movie Recommendation that was the subject
of the Offer all circled (with name and full address information matching the Offer
Registration Form) (collectively, an "Offer Claim"). Limit, one (1) Offer Claim
per outer envelope. Limit, one (1) Offer Claim per Offer Period/Participant/email
address/mailing address, and a cumulative total of two (2) Offer Claims per calendar
year. Any Offer-related participation and claim activities are subject to verification
at any time. The making of specific, future Offers/Guaranteed Movie Recommendations
is at the sole discretion of ReelzChannel, and Offers may be terminated by ReelzChannel
at any time for any reason upon published notice on the Offer Site or withdrawal
of future Guaranteed Movie Recommendations. Reimbursement checks in response to
Offer Claims will be mailed to Participants at the address appearing on their accompanying
cable/satellite invoice within thirty (30) days of Offer Claim receipt and verification.
5. GENERAL TERMS AND CONDITIONS: ReelzChannel is not responsible for problems
regarding the proper functioning of the U.S. mails or technical issues that may
affect the purchase rental and/or viewing of a recommended movie or the Offer Site,
including but not limited to hardware or software errors, network or other online
communication problems, garbled, jumbled or faulty data transmissions, or inaccessibility
of the Offer Site in whole or in part for any reason. Offer void where taxed, restricted
or prohibited by law. Offer-related questions may be directed to guarantee@reelzchannel.com.
Participants are solely responsible for taxes or accounting treatment, if any, arising
from receipt of Offer-related reimbursement consideration.
BY PARTICIPATING, YOU AGREE TO RELEASE AND HOLD REELZCHANNEL, ITS EMPLOYEES, AND
ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, AGENTS (INCLUDING GAGE MARKETING GROUP,
LLC), CONTRACTORS AND RESELLERS, AND THE EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS
OF EACH HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF
ANY KIND IN CONNECTION WITH THE OFFER OR RESULTING FROM ACCEPTANCE, POSSESSION,
OR USE OF ANY OFFER CONSIDERATION, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES,
PROPERTY DAMAGE, INVASION OF PRIVACY AND REIMBURSEMENT CHECK DELIVERY.
ReelzChannel reserves the right to make all decisions, in its discretion, arising
out of or relating to instances of suspected abuse, fraud, error or anomalies in
the operation of the Offer or Offer Site, or any other interpretation, activity
or suspected violation relating to the Offer, the Terms, the Terms of Use, the Privacy
Statement or official Offer-related communications and such decisions by ReelzChannel
are final and binding. In the event of any dispute or disparity between these Official
Full Terms and any other communication related to a ReelzChannel Guaranteed Movie
Recommendation Offer promotion, the terms of these Official Full Terms shall prevail.
Aggrieved Participants further agree, prior to resort to formal dispute resolution
specified below, to submit to ReelzChannel via electronic mail at guarantee@reelzchannel.com
for internal adjudication an electronic statement concerning and fully describing
any grievance for expeditious review and formal response by Sponsor. Participants
agree that a formal electronic response and decision by Sponsor shall be final and
binding on a Participant, absent clear and convincing evidence that Sponsor has
acted in an arbitrary or capricious manner. Sponsor’s decision of a particular matter
with an individual Participant shall not bind Sponsor as to decisions or adjudications
of similar future matters, if there is a rational basis for distinguishing the facts
and circumstances of such matters. A Participant must first exhaust the above-described
internal adjudication process for grievances before proceeding to formal dispute
resolution. The foregoing deference and evidentiary standards relating to Sponsor’s
decision-making shall also apply in the below-described formal dispute resolution.
Except where prohibited, Participants in the Offer further agree that: (1) any and
all disputes, claims, and causes of action arising out of or connected with this
Offer, or any benefits received, or the administration of the Offer not resolved
through internal adjudication shall be resolved individually, without resort to
any form of class action, and exclusively by arbitration, to take place in the State
of Minnesota, United States of America pursuant to the Rules of the American Arbitration
Association, then effective, (2) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, including costs associated with
participating in the Offer and in no event shall a Participant be entitled to receive
attorneys’ fees or other legal costs; and (3) under no circumstances will a Participant
be permitted to obtain awards for and Participants hereby waive 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. Except where prohibited, all issues and questions concerning
the construction, validity, interpretation and enforceability of these Terms, or
the rights and obligations of Participant, Sponsor and any agents retained by Sponsor
in connection with the Offer, shall be governed by, and construed in accordance
with the federal laws of the United States of America and the state laws of the
State of Minnesota, without regard for conflicts of law doctrine of any jurisdiction,
and subject to resolution only in the City of St. Paul, State of Minnesota, United
States of America. By entry and participation in the Offer, Participants agree that
the City of St. Paul, State of Minnesota will be the exclusive forum for any formal
dispute resolution.