Jan 13

The SeaWorld & Busch Gardens Fun Card Photo Contest Rules (Miami)

by Staff

NO PURCHASE NECESSARY. Open only to Legal Residents of the United States who reside within 60 miles of the city of Miami, Florida. Entrants must be 18 or older on the date of submission of their entry. Void where prohibited by law.


CONTEST PERIOD

The SeaWorld & Busch Gardens Fun Card Photo Contest (the “Contest”) begins at 9 a.m. Eastern Time (ET) on April 14, 2010 and ends at 6 p.m. Eastern Time on April 26, 2010 (the “Contest Period”).

SPONSORS

The Contest is sponsored by Sea World of Florida LLC, 7007 SeaWorld Dr., Orlando, FL 32821 ( “Sponsor”).


HOW TO ENTER

To enter the Contest, take a photograph of yourself holding a sign that says I WANT A FUN CARD! in front of one of the colorful South Beach lifeguard towers and email it to SmileMiami@SeaWorld.com. In the body of your e-mail, include your name, birth date, mailing address and telephone number. Limit one (1) entry per person and/or email address. Odds of winning depend upon number of entries received.

The authorized account holder of the email address used to submit the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Finalists and winners may be required to show proof of being the authorized account holder.

Entries become the property of the Sponsor and will not be acknowledged or returned.

Entrants agree that by submitting this photograph, they relinquish all rights thereto, as outlined herein, and that the photograph becomes the sole property of the Sponsor.

By entering, entrants agree to abide by the terms of these Official Rules.

CONTEST PHOTOGRAPH REQUIREMENTS


Entry photographs must be in .jpg file format and under 1MB in size. Photographs (and clothing worn in photographs) may not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials other than those belonging to Sponsor or its licensors. Photographs must be in keeping with the Sponsor's image and may not be offensive, as determined by the Sponsor in its sole discretion, nor may they defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's rights. Photographs that include commercial content (other than that of Sponsor or its licensors) will be rejected. Photographs that have been previously published or entered into any competition or promotion are ineligible.

Photographs may not contain obscene, lewd, offensive or inappropriate images or text including, without limitation, nudity, acts of violence or acts that appear to cause harm. Any photograph or portion thereof that is, in the Sponsor's sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will be rejected.

Entrants may not copy or otherwise plagiarize material from any source. Sponsor has the sole discretion to determine whether a photograph qualifies as an appropriate entry. All photographs must be the sole, original work of the entrants. Automated, script, macro or robotic entries submitted by individuals or organizations will be disqualified. If, in Sponsor's sole discretion, a photograph appears to have resulted in any injury or bodily harm, it will be rejected.

Entries that are determined by Sponsor to violate these Official Rules will be disqualified from the Contest.

JUDGING CRITERIA

Photographs will be judged by the Sponsor on the basis of creativity and originality. On or about May 1, 2010, Sponsor will select four (4) winning photographs and six (6) finalist photographs. The ten (10) finalist and winning photographs will be posted on the SeaWorld and Busch Gardens Tampa Bay Facebook page. By participating, entrants agree to abide by the terms of these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.

PRIZE AND WINNER NOTIFICATION

PRIZES: The entrants who submitted the four (4) winning photographs will each receive:

  • One (1) SeaWorld or Busch Gardens Fun Card good for unlimited admission to the park during the 2010 season (ARV: $70.00 each)

All expenses relating to acceptance and use of any prize that are not explicitly listed herein as being awarded, including but not limited to meals, transportation, parking and payment of taxes are responsibility of the winners. No substitution, barter, transfer, or assignment of prizes permitted, except by the Sponsor at its sole discretion. Fun Cards cannot be purchased, sold, or redeemed for cash and will not be replaced if lost or stolen. Sponsor and its parent, affiliates, and licensees are not responsible for lost or stolen Fun Cards. Fun Cards are subject to the terms, conditions and restrictions as printed on the Fun Cards and found on-line at SeaWorld.com


NOTIFICATION: On or about May 1, 2010 Sponsor will notify the potential winners and finalists via the email addresses from which the winning and finalist entries were submitted. The potential winners and finalists will be required to sign and properly execute, as well as to secure the signature and proper execution by any individuals appearing in the photograph, of a liability waiver, and to the extent legal, publicity release form(s) (collectively called “Release Forms”), and return them within seven (7) days of issuance.

In the event that (i) the Release Forms are not returned within the required time period (ii) mail is returned as undeliverable (iii) notification is not confirmed to Sponsor within seven (7) days after notification by Sponsor or (iv) a potential winner or finalist is found to be ineligible or not in compliance with these Official Rules, an alternate potential winner or finalist will be selected from among all remaining entries.

All POTENTIAL WINNERS and finalists are subject to verification by the sponsor, WHOse decisions are final AND BINDING. An entrant is not a winner of any prize unless and until the entrant's eligibility and the eligibility of the entry haVE been verified, all requisite documentation has been COMPLETED AND the ENTRANT HAS BEEN notified that verification is complete.

Except to the extent prohibited by applicable law, by entering the Contest and/or accepting a prize, entrants and any other individuals appearing in an entry photograph agree that the Sponsor and its related and affiliated companies may use the name, address (city, state), photograph, likeness and/or prize information of any entrant or individual included in the entry photograph for advertising, publicity and promotional purposes, perpetually, in all media (including and without limitation, the Internet), worldwide, without further notice and/or compensation. Entrants hereby represent and warrant that they have the right and power to provide such authorization on behalf of any individual included in their entry photograph.

ELIGIBILITY

This Contest is open only to legal residents of the United States who reside within 60 miles of the city of Miami, Florida. Entrants must be 18 years of age or older at the time of entry. Employees of Sea World of Florida LLC and its parents, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible to enter or win the Contest. Void where prohibited by law. This Contest is subject to all applicable federal, state, provincial and local laws and regulations. All federal, state and local taxes are the sole responsibility of the winners.

LIMITATION OF LIABILITY

BY ENTERING THE CONTEST, ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE SPONSOR, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSEES, CONTRACTORS, DISTRIBUTORS, SUPPLIERS, SALES REPRESENTATIVES, RETAILERS, ADVERTISING OR PROMOTIONAL AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE CONTEST, OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED. EXCEPT AS OTHERWISE SET FORTH BELOW, ENTRANTS AGREE THAT VENUE AND JURISDICTION SHALL BE EXCLUSIVELY IN THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF FLORIDA AND ANY AND ALL DISPUTES SHALL BE GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF ANY JURISDICTIONS.

ADDITIONAL TERMS AND CONDITIONS

Releasees are not responsible for printing or typographical errors in any Contest related materials; or for transactions (including Entry submissions) that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Contest, or process any transaction thereon.

If for any reason the Contest cannot be executed as planned, including but not limited to 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 security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to terminate, modify or suspend the Contest or any portion thereof. If the Contest is terminated before the original end date, Sponsor may, but is not obligated to, select the winners from among all eligible, non-suspect entries received as of the termination time/date.

Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Use of automated entry devices, or Contest entry services or programs are prohibited.

OWNERSHIP AND USE OF ENTRIES

All entry photographs become the property of the Sponsor and will not be returned. All elements of all entry photographs, including all United States and international copyrights and all other intellectual property rights in the entries, shall be owned exclusively by the Sponsor. By entering the Contest, entrants hereby warrant and represent that their entries are original and do not infringe the rights of any third party and hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against the Releasees, or any other person, on the grounds that any use of their entry photographs infringe any of the entrants rights as creator of the photograph, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrants and the Sponsor. In no way are entrants to be construed as the agent or to be acting as the agent of the Sponsor in any respect.

MISCELLANEOUS

All federal, state and local laws apply and this contest is void where prohibited or restricted by such laws, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. If any provision of these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law.


WINNERS LIST

For the names of the winners, available after May 1, 2010, send your request with a self-addressed, stamped envelope to: Fun Card Contest, SeaWorld Marketing Communications, 7007 SeaWorld Drive, Orlando, FL 32821.