OFFICIAL RULES – SURVEY SWEEPSTAKES (Fernbank Museum of Natural History)
NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
Prize: One (1) participant is eligible to win twelve (12) vouchers valid for films on the Giant Screen Theater at Fernbank Museum of Natural History (“Fernbank”) (“Prize”). The Prize has an approximate retail value of $156.00.
Consumer Disclosure: Odds of winning are based upon the number of eligible entries.
Sponsor: Fernbank (“Sponsor”) is the sponsor and administrator of this sweepstakes (the Sweepstakes”). Sponsor and Administrator may be referred to as the “Sweepstakes Entity”. Sweepstakes Entity’s business address is 767 Clifton Rd NE, Atlanta, GA 30307.
Sweepstakes Period: Sweepstakes begins on October 8, 2018 and ends on October 19, 2018. (“Sweepstakes Period”).
Eligibility: Officials and employees of the Sponsor, its affiliates, related advertising and promotional agencies, and their immediate family members and members of the same household of such employees are not eligible to participate in the Sweepstakes, in addition to any other persons or entities directly associated with this Sweepstakes (together with the Sponsor, the “Sweepstakes Entities”). To qualify for the Sweepstakes, all entrants must be at least 18 years of age and a member of the Sponsor’s email database or current legal resident of the fifty states of the U.S. and the District of Columbia (D.C.), who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions).
Limitation of Liability: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements and the decisions of the Sponsor; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.. Sweepstakes void where prohibited by law.
Sweepstakes Entry Requirements: In order to enter the Sweepstakes, entrants must click on the link provided through email, and complete the survey between October 8, 2018 and October 19, 2018. The date of entry will be determined by the Sponsor’s computer. Only entries with email address included in a completed survey will be considered. Survey must be completed and fully submitted. Only one (1) entry per person. If multiple entries are received per person, only the first entry will be considered, and subsequent entries will be disqualified. Entries cannot be obscene, indecent, offensive, violent, hateful, or be against the law as determined solely by the Sponsor.
Prize Drawings: One (1) winner will be chosen at random on October 26, 2018. Winners need not be present and will be notified by e-mail. If the winner does not claim the prize within one (1) week of being notified, a new winner may be selected and notified. The winner information will be available by request after the drawing by writing to Sponsor. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any of the equipment or programming associated with the Sweepstakes. In no event will more than one (1) Prize be awarded. If, for any reason, more than one (1) Prize notification is sent (or more claims are received), Sponsor reserves the right to award the Prize through a random drawing from among all eligible Prize claims received. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the Prize or force majeure. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Sweepstakes Entities shall not be held responsible for any delays in awarding the Prize for any reason. Sponsor reserves the right to disqualify entrants who fail to follow these Official Rules or who make any misrepresentations relative to the Sweepstakes and redemption of a prize.
Tax Issues: Sponsor will report all prize winnings to the appropriate state and federal agencies as required by applicable law. The winner is responsible for all tax consequences (if any) of the Prize.
Publicity Authorization: Each winner agrees to permit the Sponsor to utilize his/her name and likeness in promotional and other Sponsor materials, without additional compensation or permission, except where prohibited by law.
Disputes/Choice of Law: EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE STATE OR FEDERAL COURTS LOCATED IN ATLANTA, FULTON COUNTY, GEORGIA; (2) 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 (3) UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, INDIRECT, 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. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR OR THE SWEEPSTAKES ENTITIES IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CHOICE OF LAW RULES.
Additional Disclaimer: This Sweepstakes is subject to all federal, state and local laws and regulations. All rights reserved. The information provided will only be used to contact the winner. Entrants agree that Sweepstakes Entities shall not be liable for losses or injuries of any kind resulting from acceptance/possession and/or use/misuse of prize(s), participation in this Sweepstakes, or any technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, or otherwise not in compliance with these Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder. Entrants also agree that the Sweepstakes Entities are not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from this Sweepstakes and its prizes. The Sweepstakes Entities are not liable for damage to a user’s computer system in any way due to an Entrant’s participation in this Sweepstakes or downloading any information in connection with this Sweepstakes, including without limitation any server failure, lost, delayed or corrupted data or other malfunction. The Sweepstakes Entities reserve the right to modify or cancel the Sweepstakes in the event that it becomes technically corrupted. If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winner in a manner it deems fair and reasonable, including the selection of winner from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted at the Website. Without limiting the foregoing, everything regarding this Sweepstakes, including the Prizes, is provided “as is” without 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.
Rules: For an additional copy of these Official Rules, send a self-addressed, stamped envelope, specifying which Rules you are requesting to: Alexander Babbage, Inc., 400 Colony Square, 1201 Peachtree Street, N.E., Suite 500, Atlanta, Georgia 30361, Attention: Contest Rules.