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Official Rules Adventure Aquarium’s 2016 “African Penguin Clutch Mates Name Nomination Contest” (“Contest”) OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Eligibility Sweepstakes is offered only in the fifty (50) United States. Void outside of the 50 United States, in the District of Columbia, Puerto Rico and where prohibited or otherwise restricted by law. All individuals who are legal U.S. residents and 13 years of age or older in their jurisdiction of residence at time of entry are eligible to enter, with the following exceptions (all of whom are not eligible to enter or win the Sweepstakes): Residents of Puerto Rico and the States of Arizona, Florida, New York, and Rhode Island, employees of a Sponsor and its parents, subsidiaries, affiliates, representatives, suppliers, vendors, fulfillment agencies, and advertising and promotion agencies and their immediate families (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and those living in the same household of each, whether or not related, are not eligible to enter or to win the Sweepstakes. Limit one (1) winner per household. All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries.” Sponsor New Jersey Aquarium, LLC d/b/a Adventure Aquarium, 1 Riverside Drive, Camden, New Jersey 08103. Timing The Contest begins on Monday, May 16, 2016 at 8:00 a.m. Eastern Standard Time (“EST”) and ends on Monday, May 30, 2016 at 11:59 p.m. EST (the “Contest Period”). How to Enter To participate in the Contest, entrants must have internet access. Enter by visiting Adventure Aquarium’s website at http://www.adventureaquarium.com/ and clicking on ____________ to complete a registration form. Entrants must include in the entry form their name, date of birth, e-mail address and phone number, and upload an essay containing no fewer more than ____ 140 words characters containing your penguin name nomination and explaining why you think your penguin name should win. Participants under the age of 18 must have the consent of a parent or guardian to register and participate in the Contest. Limit one (1) submission per person per day throughout the Contest Period. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed submissions are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entry Conditions and Release By entering, each participant agrees to: 1 1. Have read and understood and be bound by these Official Rules; 2. Comply with these Official Rules and the decisions of the Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest; and 3. Release and hold harmless the Sponsor and its respective subsidiaries, and affiliated companies, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’ participation in the Contest and/or entrant’s acceptance, use or misuse of prize. Publicity Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Winner Selection/Judging Official final essay judging of all Eligible Entries and selection of the winner will occur on _______, Tuesday, May 31, 2016, by a panel of twelve (12) judges using the following criteria in their sole discretion: creativity (50%) originality (50%) All judging will be in Sponsor’s sole and absolute discretion and Sponsor’s decisions are final and binding on all matters relating to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant. The winner(s) will be notified by email by ____, Thursday, June 2, 2016. 2 POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Verification of Potential Winner Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email, after the date of final judging. The potential winner will be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, the potential winner forfeits his/her prize. In the event that a potential winner of a Contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Grand Prize Six (6) Grand Prize Winners will each receive the following: One (1) Penguin painting, one (1) penguin plush toy, and two (2) Adventure Aquarium admission tickets (ARV of all prizes totals $600.00). No cash equivalent for the prize and nontransferable nor substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute listed prize for one of equal or greater value for any reason. General Conditions Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Limitations of Liability The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network 3 hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Disputes Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in the Camden County, New Jersey; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim
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