THE ZOOLOGICAL SOCIETY OF SAN DIEGO D/B/A SAN DIEGO ZOO GLOBAL PRESENTS
THE 2017 AFRICA ROCKS INSTAGRAM CONTEST
ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS, RULES, AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY: "The 2017 Africa Rocks Instagram® Contest” (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older (nineteen (19) years old or older for Alabama and Nebraska residents) at the time of entry. Void where prohibited by law. Employees of Sponsor, including individuals who have previously been employed by Sponsor at any time within the past twelve (12) months, or any of Sponsor’s parent companies, subsidiaries, affiliates, divisions, licensors, licensees, advertising and promotion, fulfillment, and related entities and prize suppliers (collectively "Contest Entities"), and their immediate families and/or those living in the same household are not eligible to enter or win. For purposes of this Contest, “immediate families” are defined as spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandparents, and their respective spouses, regardless of where they reside.
The Contest is subject to all applicable federal, state and local laws and regulations. Participation in the Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entries must be received in the manner described in these Official Rules during the Contest Period to be eligible for prizes. Limit one entry per person.
2. Sponser: This Contest is sponsored and administered by the Zoological Society of San Diego D/B/A San Diego Zoo Global, a California non-profit, public-benefit corporation, with a principal place of business at 2920 Zoo Dr., San Diego, CA (the “Sponsor” or “Administrator”).
Although the Contest is administered through an Instagram interface, the Contest is in no way sponsored, administered, endorsed by or associated with Instagram.
3.CONTEST PERIOD: The Contest begins Friday, June 9, 2017 at 12:01:00 AM PST and ends 11:59 PM PST on Monday, September 4, 2017 (the “Contest Period”). All dates/times are subject to change. Sponsor’s computer is the official time and record-keeping device of the Contest.
4. HOW TO ENTER THE CONTEST: Entrants must have a public Instagram account. If you are not an Instagram member, you may find links to download the app for free here: http://www.instagram.com/.
a) Visit the San Diego Zoo located at 2920 Zoo Drive, San Diego, CA and take a photo or video (up to 60 seconds) in Conrad Prebys Africa Rocks.
b) Upload and “tag” the photo or video in your Instagram account with the hashtag: #sdzooAfricaRocks
By tagging your photo/video in your Instagram account with the #sdzooAfricaRocks hashtag, Entrant represents that Entrant has all necessary rights to grant a license to the Sponsor to publish and reuse Entrants photos, videos and/or posts for any purpose without compensation and that Entrant hereby grants such license together with the right to use Entrants name and the image of anyone or anything appearing in the photos.
c) All entries for a given Contest Period must be received by the end date of such Contest Period as provided in these Official Rules. No mechanically reproduced entries will be accepted. Any entry/photo deemed, at the sole discretion of the Administrator, to be “explicit” or “inappropriate” in nature will be removed from consideration and disqualified from the Contest.
No Mail-in Entry: No participation via a mail-in entry is available.
Only One (1) Entry per email address and natural person is allowed during the Contest Period. Valid Entries must be submitted via the online method as described above. All Entries must be received during the Contest Period as determined by the computer time on Sponsor's server. Any attempt by a participant to obtain more than the allowable Entries by using multiple/different email addresses or Instagram accounts, identities or any other online methods will void all of that participant's entries.
Entrants assume all risk of late, misdirected, incomplete, or incorrect or mistaken entries. In case of dispute, the authorized account subscriber of the email account used to enter the Contest at the actual time of entry will be deemed the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an ISP, online service provider, or other organization, which is responsible for assigning email addresses. Limit one (1) winner per household.
By entering this Contest, you agree and consent to Sponsor’s collection, use and retention of your personal information as disclosed to Sponsor for all purposes related to this Contest and the promotion of Sponsor’s products (including, but not limited to, processing and administering entries, sharing an entrant’s personal information with Sponsor’s service providers and contractors as necessary to conduct and operate this Contest, communicating with and awarding the Grand Prize to Winner, making public announcements about Winner, using pictures of Winner and advertising, promoting and publicizing this Contest and Sponsor’s products in any and all media without further compensation).
5. SELECTION AND NOTIFICATION OF WINNER(S):
a. On or after Monday, September 4, 2017, the grand prize winner (“Winner”) will be selected from among qualifying Entries for the Contest Period, by the Sponsor's independent judges/judging organization. Photos/videos will be judged based on specific criteria: Creativity 50%, Originality 25%, and Quality 25%. Up to 5 finalists will be selected based on this criteria. The photo/video finalists will be posted on the San Diego Zoo Facebook page and fans will “vote” for their favorite through Facebook’s “like” feature. The Grand Prize winner will be selected based on the total number of engagements (“likes”) the photo/video receives The decisions of the judges are final and binding in all respects.
b. The Winner selected for the Grand Prize will be notified via the Instagram website within five (5) days of the end of the voting period. Three (3) attempts will be made to contact the Winner within a five (5) day period. The Winner will be required to sign and return an Affidavit of Eligibility and a Liability and Publicity release, as provided by the Administrator, within fourteen (14) days of notification or the prize will be forfeited. If the Winner fails to respond within the five (5) day period, or if a contact attempt is consistently returned as undeliverable, or if the Winner cannot accept or receive or declines the Grand Prize for any reason within fourteen (14) days, or she/he is not in compliance with these Official Rules, such potential winner will be disqualified, the Grand Prize will be forfeited and an alternate winner will be selected by random drawing. There will be a maximum of three (3) alternate drawings after which the Prize will remain un-awarded. Sponsor shall have no liability for any potential winner notification that is not received by any potential Grand Prize winner for any reason, including but not limited to lost, late or misdirected mail.
c. ALL POTENTIAL WINNING ENTRIES FOR EACH AND EVERY PRIZE ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. IF SPONSOR SO ELECTS, A POTENTIAL GRAND PRIZE WINNER AND HIS/HER PARENT/LEGAL GUARDIAN MAY BE REQUIRED TO SUBMIT TO A CONFIDENTIAL BACKGROUND CHECK TO CONFIRM ELIGIBILITY AND HELP ENSURE THAT THE USE OF ANY SUCH PERSON IN ADVERTISING OR PUBLICITY FOR THE CONTEST WILL NOT BRING SPONSOR INTO PUBLIC DISREPUTE, CONTEMPT, SCANDAL, OR RIDICULE OR REFLECT UNFAVORABLY ON THE CONTEST AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. POTENTIAL WINNERS SHALL RESPOND TO ALL SUCH REQUESTS WITHIN FORTY-EIGHT (48) HOURS. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
d. All selected potential winners must comply with all the terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements herein. It is the Entrant's responsibility to ensure that he/she has complied with the conditions contained in these Official Rules. The selection of a qualified Winner is final and binding in all matters related to the Contest. Contest Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Winner will receive their Prize approximately 8 to 10 weeks after the conclusion of the Contest.
6. GRAND PRIZE AND ODDS: One winner will be selected at the end of the Contest Period to win a voucher for an Inside Look: Africa Rocks tour for four (4) persons (the “Grand Prize”) (Approximate retail value of the Grand Prize is $180). A total of one (1) Grand Prize winner will be selected during the Contest Period. The Inside Look Tour consists of a two-hour entertaining and educational adventure that offers special, behind-the-scenes views and interesting information about how the San Diego Zoo takes care of its animals. The Winner will be part of a small group touring the San Diego Zoo in a shuttle cart and visiting off-exhibit areas. Sponsor reserves the right to substitute prizes of equal or greater value. No other substitutions of prize permitted.
7. GENERAL TAX INFORMATION: No cash substitutions will be provided and no transfer of any prize to a third party is permitted. Submissions of entries will be accepted at Sponsor’s sole discretion. Each winner will be solely responsible for paying all applicable federal, state and local taxes on prizes, if any. If applicable, winners may receive an IRS Form 1099 for the prize retail value. All Registered Trademarks and logos used in conjunction with this Contest are the intellectual property of their respective owners and are used by permission.
8. PUBLICITY: Except where prohibited, participation in the Contest and acceptance of the Grand Prize constitutes Winner's consent to Sponsor's use of Winner's name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration. By accepting the Grand Prize the Winner, on behalf of himself/herself and child, parent/legal guardian of a Winner agrees that Sponsor and its affiliates, subsidiaries, and their respective officers, directors, employees, representatives and agents shall not be responsible or liable for any loss, damage or injury of any kind resulting from participation in the Contest or from acceptance, delivery, receipt, possession and or use or misuse of the Grand Prize.
9. LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunctions arising in connection with any of the following occurrences which may affect the operation of the Site; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers or hosts; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of any account used in connection with the Contest. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site, including without limitation, the number of entries received in any particular account, or any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, or use of or download of any information from the Site. Use of the Site is at your own risk. Without limiting the foregoing, everything on the Site is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties; check your local laws for any restrictions regarding these limitations or restrictions.
10. INDEMNIFICATION AND RELEASE: BY ENTERING THIS CONTEST, ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM AND ANY PROMOTIONAL PARTNERS, EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE "RELEASED PARTIES") FROM AND AGAINST ALL LOSSES, DAMAGES, RIGHTS, CLAIMS OR CAUSES OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE CONTEST OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY LOSS OR DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
11. SUSPENSION/MODIFICATION/TERMINATION: Sponsor shall have the right to modify, suspend, or terminate the Contest at any time for any reason whatsoever, at the sole discretion of Sponsor. Sponsor reserves the right to modify, suspend, or terminate the Contest (including, without limitation, make changes to these Official Rules) without notice.
12. GOVERNING LAW/DISPUTES: VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state, and local laws and regulations apply. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving affect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT, EXCEPT WHERE PROHIBITED BY LAW: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. SPONSOR’S DECISIONS ARE FINAL AND BINDING ON ALL MATTERS. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
15. WINNER’S LIST: To obtain the name of the Grand Prize Winner, available after September 9, 2017, mail a self-addressed stamped envelope to the Zoological Society of San Diego D/B/A San Diego Zoo Global, Attn: Africa Rocks Instagram Contest, P.O. Box 120551, San Diego, CA 92112-0551. Name of Winner will be available after September 9, 2017. Requests must be received by no later than 12:00 PM noon PST, December 31, 2017.
© 2017 Zoological Society of San Diego D/B/A San Diego Zoo Global. All rights reserved