VAQUITA DEFENDERS SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
ENTRANTS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. A PRIZE WON BY A MINOR IN HIS OR HER LEGAL JURISDICTION OF RESIDENCY WILL BE AWARDED IN THE NAME OF SAID MINOR’S PARENT OR LEGAL GUARDIAN.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
1. SPONSOR: Sea Shepherd Conservation Society (“Sponsor”).
2. ELIGIBILITY: THE VAQUITA DEFENDERS SWEEPSTAKES (THE “SWEEPSTAKES”) IS OPEN AND OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, WHO ARE THIRTEEN (13) YEARS OF AGE AND OLDER AND WHO HAVE A FOTITION ACCOUNT IN GOOD STANDING. Employees, officers, and directors of Sponsor, Administrator, and each of their respective parent entities, subsidiaries and affiliated companies (collectively, “Sweepstakes Entities”), as well as advertising, sweepstakes, or production agencies or partners (and their respective dependents, immediate family members, including children, spouse, parents, siblings and their respective spouses, regardless of where they reside, and individuals residing in their same household, whether or not related) are not eligible to participate or win. Entry into the Sweepstakes does not constitute entry into any other contest or sweepstakes. The Sweepstakes shall be subject to all applicable federal, state, municipal, local laws and regulations and these Official Rules and by entering, all entrants agree that they have read these Official Rules, the Fotition terms and policies and agree to abide by and to be bound by the terms and conditions of the Official Rules, Fotition terms and policies and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render entrants ineligible.
3. ENTRY PERIOD: Each Vaquita Defenders Prize will have its own entry period, which can be found on the individual prize page on the VaquitaDefenders.org website.
4. HOW TO ENTER: To enter the Sweepstakes, an entrant (“Entrant”) must either post a photo to the campaign, receive a Boost (donation) to their photo, or make a donation using an active photo link. To upload a photo you must (1) visit VaquitaDefenders.org (“Vaquita Defenders Website”); (2) post a photo by uploading a picture of yourself; (3) create a Fotition Account (“Account”); and (4) share your photo to an active Facebook or Twitter account to receive twenty-five (25) entries into the Sweepstakes (“Entries”). To receive a Boost (donation) you must (1) upload a photo to VaquitaDefenders.org (“Vaquita Defenders Website”); (2) share the active link to your photo via email, text, tweet, of social media; (3) someone will need to click/tap on the Boost (“Boost”) button beneath your photo and make a donation using a valid credit card. You will receive five (5) entries for each one dollar ($1) they donate. To make a donation using an active photo link you must (1) click on an active link for a photo uploaded to the campaign; (2) click on the Boost (“Boost”) button beneath the photo; and (3) make a donation to receive five (5) entries for each one dollar ($1) donated.
NOTE: the person who posts the photo and the person who Boosts that photo will both receive five (5) Entries for each one dollar ($1) donated.
Limit ten (10) Photos per Account per month (regardless of whether one (1) person has more than one (1) Account or more than one (1) person uses the same Account) during the Sweepstakes Period. Entries for each prize must be received during the entry period and no later than the entry period deadline, which can both be found on the individual prize details page on the VaquitaDefenders.org website. Any attempts by an Entrant to submit more than ten (10) Photos total for any month during the Sweepstakes Period, may result in such Entrant being disqualified.
Any attempt by any Entrant to enter by using multiple/different Accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Photos and any associated Entries and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Photos, which may be disqualified. In the event of a dispute regarding who submitted a Photo, the Photo will be deemed submitted by the authorized account holder of the Account from which the Photo was submitted. “Authorized account holder” is defined as the natural person who is assigned the email address used to create the Account associated with a Photo, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with relevant e-mail address. No automatically generated Photos will be accepted.
5. Photo Requirements, Restrictions and License:
a) Entrants (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) agree to and understand that the Photo will be made available to the public, including without limitation, posting on the Internet. Whether or not the Photo is published on the Internet, Sponsor makes no representation or warranty regarding the confidentiality of any Photo.
b) Each Photo must be taken by Entrant and be an original creation of the submitting Entrant. The Photo must be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) acknowledges, agrees, represents and warrants that, nothing in the Photo infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured from any entity with any rights in or to the Photo. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) agrees to indemnify and hold harmless each of the Sweepstakes Entities, Facebook and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this Sweepstakes, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the “Released Parties”), from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
c) By submitting the Photo, the Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) grants Sponsor, for no additional compensation other than entry into the Sweepstakes, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Photo through any and all media available at any time during, or after, the Sweepstakes Period on any related websites, in any Sweepstakes materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. In addition, Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) warrants that any so called “moral rights” in the Photo have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Photo or other submitted materials, whether or not Entrant has been awarded a Prize (defined below in Section 9) in connection with any such Photo or other materials. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) agrees to release, defend, indemnify and hold harmless each of the Released Parties from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other personacting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo and any portion thereof, or the likeness of any natural person therein.
d) Entrants are responsible for securing necessary permissions and licenses for any persons and/or materials contained in the Photo.
e) If Entrant did not take submitted Photo, it is the Entrant’s responsibility to secure necessary permissions from photographer to enter Photo into Sweepstakes.
6. Photo Content Restrictions:
Photos must not contain material that:
a) Contains or depicts someone smoking or intoxicated;
b) Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c) Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d) Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor;
e) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to use of firearms/weapons/ammunition, nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, violent, hateful, tortuous, slanderous or libelous;
f) References persons or organizations without their written permission other than that of Sponsor;
g) Disparages any persons or organizations;
h) Includes threats to any person, place, business, or group;
i) Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
j) Contains anything that is determined to damage or diminish the goodwill of the Released Parties, as determined by such entities solely in their respective discretion; or
k) Does not comply with the Terms and Conditions or guidelines posted by Fotition.
Failure of any Photo to comply with the above “Photo Requirements” and “Photo Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Photo that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries shall not be acknowledged or returned. Photos must be suitable for presentation in a public forum, in the sole determination of Sponsor.
7. RANDOM DRAWING AND WINNER NOTIFICATION:
There will be one (1) prizewinner for each ‘Monthly Prize Drawing (the “Prizewinner” or “Winner. During the Sweepstakes Period, one (1) potential Winner (the “Potential Winner”) will be randomly selected from among all eligible Entries received throughout the Sweepstakes Period, by Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. Each Potential Winner will receive an initial notification by Administrator or Sponsor via the email address associated with their Account, during the Sweepstakes Period. It is each Entrant’s responsibility to timely check his/her email (and/or spam filters) for any notifications from Sponsor or Administrator.Each Potential Winner (or Potential Winner’s parent/legal guardian if the Potential Winner is deemed a minor in the state of his/her residence) will be required to be in contact with Administrator and/or Sponsor, after receiving the initial notification within forty-eight (48) hours to begin the Winner verification process. The Potential Winner (or Potential Winner’s parent/legal guardian if the Potential Winner is deemed a minor in the state of his/her residence) must meet all eligibility requirements and may be required to provide their Tax Identification number, proof of U.S. residency, sign an affidavit of eligibility, and publicity and liability release, and work with any travel companion to sign their Guest (defined below in Section 9) release, or such other documents as Sponsor and/or Prize Provider deems necessary, in their sole discretion (collectively, the “Prize Claim Documents”), each of which must be completed, signed and returned within three (3) days from date of issuance, or the Prize (defined below in Section 9) may be forfeited and may be awarded to an alternate Winner, time permitting. If any Prize notification or attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Winner, time permitting. By accepting the Prize, Winner (or Winner’s parent/legal guardian if the Winner is deemed a minor in the state of his/her residence) represents and warrants they are in compliance with these Official Rules.
At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [a] Potential Winner’s failure to respond to initial notification within forty-eight (48) hours after its transmission; [b] the failure of notification due to deactivation of the Potential Winner’s email or Fotition Account prior to receipt of notification; [c] Potential Winner’s failure to respond to Sponsor’s or Administrator’s email and direction; [d] Potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [e] Potential Winner’s failure to execute and return the Prize Claim Documents within three (3) days after it is e-mailed to the Potential Winner; [f] Potential Winner’s failure to validly claim the Prize by the last day of the month in which the Potential Winner was first notified; and [g] any other non-compliance with these Official Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner, time permitting. Once Potential Winner has completed all requirements in these Official Rules and been verified by Sponsor and/or Administrator, they will be declared a Winner. Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period.
Each Vaquita Defenders prize (“Prize”) will be listed on VaquitaDefenders.org (“the Vaquita Defenders Website”).
Approximate Retail Value (“ARV”) of each Prize shall be listed together with the prize description.
9. PRIZE RESTRICTIONS OR CONDITIONS:
Each Vaquita Defenders (“Prize”) will be listed on VaquitaDefenders.org (“the Vaquita Defenders Website”), and will include any restrictions or conditions. For any Prizes that involve travel, the Winner will need to travel on the dates specified by the Sponsor and all airfare is coach class and hotel accommodations will be standard class, unless otherwise specified. Any meetings with celebrities are subject to security and background checks. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. The Sponsor will not be responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to the trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in your possession, will not be replaced. The Winner and their guest (if applicable) must travel on the same itinerary. If you or your guest is, in our opinion, obnoxious, threatening, abusive, or harassing, we can terminate the trip or Prize, in whole or in part, and send you and your guest both home with no further compensation.
If the prize involves a guest, the guest must be of legal age of majority in his/her jurisdiction of residence, or your child or legal ward (unless otherwise approved by Sponsor).
If you live within a one hundred (100) mile radius of the site where the Prize is to be performed, we may provide ground transportation instead of air travel.
Prizes cannot be transferred or substituted, except the Sponsor can substitute a Prize of equal or greater value.
Any taxes are the responsibility of the Winner unless otherwise mentioned in the prize description and a W9 will be provided by the Sponsor if and when applicable.
10. PRIVACY POLICIES AND DATA COLLECTIONS:
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Facebook is a registered trademark.
11. CONDITIONS OF PARTICIPATION:
By entering this Sweepstakes and/or accepting any Prize you may win, you agree, represent and warrant that: [a] you will be bound by these Official Rules and the Sponsor’s decisions, which shall be final in all respects; [b] the Entry will not be acknowledged or returned; [c] you release and hold harmless each of the Released Parties (defined above in Section 6) from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Sweepstakes or any Sweepstakes-related activity, or from any interaction with, or downloading of, computer information; [d] the Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the Prize; [e] Winner’s acceptance of a Prize constitutes the grant to Sponsor and Prize Provider and assignment of an unconditional right to use Winner’s name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the Sweepstakes and/or live and taped performances of interviews for any programming, publicity, advertising and Sweepstakes purposes without additional compensation, except where prohibited by law; [f] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select potential Winner by such method as Sponsor in its sole discretion shall consider equitable from all eligible Entries received prior to such termination or suspension; [g] the Released Parties are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software and for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: human errors, errors in the advertising, these Official Rules, selection and announcement of the Winner and distribution of the Prize; [h] the Released Parties are not responsible for any inability of the Winner to accept or use the Prize (or any portion thereof) for any reason; [i] Sponsor has the right to modify Prize award procedures at its sole discretion; [j] the Released Parties are not responsible for changes to Facebook functions that may interfere with the Sweepstakes or your ability to timely enter; and [k] Released Parties are not responsible for any failure of delivery of potential Winner notification.
12. LIMITATIONS ON LIABILITY:
Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen Entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes or Account used, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other Sweepstakes offered by Sponsor. Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer, electronic device or mobile device related to or resulting from participating in this Sweepstakes. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to an Entrant’s or other person’s system or equipment occasioned by participation in this Sweepstakes.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, other than those concerning the administration of the Sweepstakes or the determination of Winner, shall be resolved individually, without resort to any form of class action; (b) 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 (c) 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. OFFICIAL RULES/WINNER’S LIST:
For an official Winners list, or a copy of these Official Rules, send a self-addressed, stamped envelope to: Vaquita Defenders Sweepstakes – PRIZE WINNERS LIST & OFFICIAL RULES (please specify official Vaquita Defenders Winners list or Sweepstakes Official Rules), Vaquita Defenders, c/o Farrah Smith – Sea Shepherd Conservation Society – P.O. Box 8628 Alexandria, VA 22306. Residents of Vermont may omit return postage on all requests. Official Rules may also be obtained during the Sweepstakes Period on the Vaquita Defenders Website.