“SpongeBob Fan Shellabration Sweepstakes”
- Sponsor:   Viacom Media Networks, 1515 Broadway, New York, NY 10036.
- Sweepstakes Administrator:   National Sweepstakes Company, LLC, 693 East Ave., Suite 302, Rochester, NY 14607.
- 1. Timing   The Sweepstakes begins at 12:00 a.m. (Eastern Daylight Time [“EDT”]) on July 29, 2013 and ends at 11:59:59 p.m. EDT on August 11, 2013 (the “Entry Period”). Administrator’s computer will be the official time clock for the Sweepstakes.
- 2. ELIGIBILITY.   To enter the Sweepstakes you must have the permission of your parent or legal guardian (“”Parent”) prior to entering and be (i) a legal resident of the forty-eight (48) contiguous United States or the District of Columbia (the "Eligibility Area") and (ii) between the ages of eight (8) and thirteen (13) at the time of entry (“Participant”).
Employees of Sponsor, Administrator, Universal Parks & Resorts, all prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, the “Sweepstakes Entities”), and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a grand prize in any Sponsor-related sweepstakes/contest in the twelve (12) months prior to the start of the Entry Period are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor and/or Administrator in its/their sole discretion.
- 3. HOW TO ENTER.   Get your Parent’s permission prior to entering. Visit www.Nick.com/spongebobsweeps (the “Sweepstakes Site”) and follow the online directions to enter. Completed entries must be submitted in accordance with the online directions during the Entry Period. Use of a profane username or the submission of false or misleading personal information by a Participant will be grounds for disqualification. Determination of information to be profane, false, or misleading is at the sole discretion of the Sponsor. Incomplete or inaccurate entries are void. All entries must be received by 11:59:59 p.m. EDT, on August 11, 2013.
Opt out: The Parent of any Participant who is under the age of thirteen (13) will be sent an initial e-mail notification advising Parent that his/her child has registered at the Entry Site for entry into the Sweepstakes, and will be provided with the option to withdraw the entry. If the option to withdraw is not exercised within the time period indicated on such notice, the entry will be deemed submitted.
- 5. DRAWING AND NOTIFICATION   Administrator will conduct a random drawing from all eligible entries received on or about August 13, 2013 to select a potential winner (the “Potential Winner”). Potential Winner will be notified by email on or about August 13, 2013 and must respond to the notification within two (2) days or be subject to disqualification and another Potential Winner will be selected from the remaining eligible entries received if time permits. Odds of winning depend on the total number of eligible entries received during the Entry Period.
- 6. QUALIFICATION OF WINNER   The Grand Prize will be awarded to the GP Winner’s (as defined below) Parent who will be responsible for all obligations of the official winner (the “Official Winner”). Before a Potential Winner will be deemed an Official Winner, his/her Parent will be required to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (the “Affidavit/Release”) and any other legal documents that Sponsor may require, including, but not limited to, a W-9 tax form, within three (3) business days from the date of Sponsor sending such documents to the Potential Winner. Potential Winner’s Parent must be able to provide proof that the Potential Winner is eligible to be deemed an Official Winner to Sponsor’s and Administrator’s satisfaction. If the documents are not returned within that time, or Potential Winner or Official Winner is found to be ineligible, or does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner may be selected. A prize notification being returned as undeliverable will result in disqualification of such entry. All travelers must sign an Affidavit/Release prior to ticketing.
- 7. GRAND PRIZE (1)   The Parent of Grand Prize winner (the “GP Winner”) will be awarded a trip for GP Winner and up to three (3) guests (one of whom must be the Parent of GP Winner and any guest not related to GP Winner who is considered a minor in their state of residence must be accompanied by their parent or legal guardian) (each, a “Guest”, collectively “Guests”) to Los Angeles, CA (the “Trip Package”). Trip Package shall consist of the following: (i) roundtrip coach airfare for GP Winner and up to three (3) Guests from the airport nearest the GP Winners’ residence to Los Angeles, CA, (ii) three (3) days/two (2) nights standard hotel accommodations of Sponsor’s choice (one  room, quad occupancy), (iii) round trip ground transportation to and from airport and hotel and the Event (as defined below); (iv) four (4) one-day passes to Universal Studios Hollywood amusement park and the opportunity to attend the “SpongeBob Fan Shellabration” taking place on September 7 & 8, 2013 (the “Event”).
Total Approximate Retail Value (“ARV”) of Trip Package is $3,450.00. ARV of Trip Package may vary depending on point of departure, travel dates and fare/rate fluctuations. Any person that participates in the Trip Package that is not deemed a Guest must pay all of his/her own expenses. The difference between the ARV and the actual value of the Grand Prize will not be awarded.
If GP Winner resides within a one hundred (100) mile radius of Los Angeles, CA (a “local resident”), in lieu of the round trip air transportation portion of the Trip Package, GP Winner and Guests will receive round-trip ground transportation of Sponsor’s choice for GP Winner and Guests from GP Winner’s residence to the hotel and the Event. No compensation will be awarded in lieu of the difference in the ARV for the Trip Package.
- 8. PRIZE RESTRICTIONS   5. GP Winner and his/her Guests must be able to travel between September 6, 2013 and September 8, 2013 or GP Winner agrees to forfeit the Trip Package in its entirety and Sponsor may elect to award the Trip Package to another Winner, time permitting. Sponsor may change travel dates at its sole discretion.
GP Winner and his/her Guests must possess United States government-approved travel documents and be willing to sign any other legal documents required by Sponsor or Administrator. Trip Package is subject to certain restrictions and exact travel times and arrangements are subject to availability and blackout periods. Travel must be completed on a date to be determined by Sponsor. The Released Parties (defined in 8 below) are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Trip Package. Except as indicated in the Trip Package, all meals, taxes, gratuities, travel insurance, bag check fees, parking fees, laundry service, food, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules are solely the responsibility of the GP Winner and Guests. GP Winner and Guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of a major credit card.
Sweepstakes Entities are not responsible for any mechanical difficulties or failure connected with the Trip Package, or any act or omission whatsoever. Winners may not transfer, give, barter, sell, substitute, or exchange any Prize component for a cash equivalent except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute the Trip Package (or a Trip Package component) with a prize of equal or greater value. All airline tickets issued in connection with the Trip Package are not eligible for frequent flyer miles, upgrades and cannot be used in conjunction with any other promotion or offer.
In the event that a Potential Winner chooses not to accept his/her prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining eligible entries, if time permits. If the GP Winner elects to travel or participate in the Trip Package with fewer than three (3) Guests, no additional compensation will be awarded. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. Lost or stolen tickets, travel vouchers or certificates or similar items, once they are in GP Winner’s possession, will not be replaced. Travel must be roundtrip. No stopovers are permitted on tickets issued in the Trip Package. If a stopover occurs, the Trip Package will terminate and Winner and his/her Guests will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Airline and flight itinerary will be determined by Sponsor in its sole discretion. Any unclaimed and/or unused Trip Package or element thereof will be forfeited by and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. In the event the GP Winner and/or his or her Guest(s) engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the Trip Package or other applicable experience early, in whole or in part, and send GP Winner and/or his or her Guests home with no further obligation or compensation. In the event GP Winner or any Guest engages in behavior during travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects GP Winner or Guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by GP Winner or Guest(s) as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S OR ANY GUEST’S ACCEPTANCE OR USE OF THE PRIZE.
Admission into the Event is subject to certain terms and conditions. Seat locations, if applicable, will be determined by Sponsor in its sole discretion. GP Winner and Guests must comply with all Event venue rules and regulations. Failure to do so may result in forfeiture of such portion of the Grand Prize. In the event that Sponsor is unable to provide admission or attendance on to the Event, no compensation or substitution will be provided in lieu thereof; however, the remainder of the Grand Prize will be awarded and Sponsor will have no further obligation to GP Winner or Guests.
- 9. SWEEPSTAKES CONDITIONS   By submitting an entry, you (whether you are declared an Official Winner or not) agree (and agree to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Sponsor, Administrator, Universal Parks & Resorts, all prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies, and each of their respective officers, directors, licensors, employees, representatives and agents (the “Released Parties”) from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or the use, misuse or acceptance or possession of the Trip Package (or any portion thereof), any Prizes or participation in any Sweepstakes or travel-related activity, access to and use of each website associated with this sweepstakes and/or downloading from such site, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery; (iv) grant Sponsor (where permitted by law) the right to use your name, address (city and state only), and biographical information on a worldwide basis, in all forms of media, in perpetuity and for advertising or promotional purposes without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Sweepstakes will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s positive image, as determined by Sponsor and Administrator in their sole discretion. Any materials containing obscenity, crude language, or descriptions of a violent or sexual nature (as defined solely by Sponsor or Administrator) will not be accepted and the associated entry will be disqualified. All federal, state or other tax liabilities (including income taxes) arising from the Trip Package or any other prizing contained in this Sweepstakes will be solely the responsibility of the Winners. Receipt of any of the prize components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.
If for any reason the Sweepstakes is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstake Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, or any part of it, at its sole discretion. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and conduct a random drawing and select the Winners from among the eligible entries received up to the time of the impairment.
- 10. LIMITATIONS OF LIABILITY.   Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, 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, 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 Web site, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such Participant’s eligibility to participate in this or any other promotion offered by Sponsor. Released Parties are not responsible for injury or damage to Participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from the Web site.
Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from offering or announcement of any prize, any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any Prize element contained in the Grand Prize including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed Prize (or any element thereof), or reasons beyond Sweepstakes Entities’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including but not limited to overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ sole and reasonable control, or as otherwise permitted in these Official Rules.
In addition, Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the GP Winner's and his/her Guest’s transportation and such contracts shall be solely between the GP Winner, his/her Guest’s and such transportation companies. Sweepstakes Entities shall not be parties to such contracts and shall assume no responsibility in such connection. Released Parties shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Winner and his/her Guests assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of the prize.
Winners hereby acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any component thereof. Winners and his/her Guests assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of the Grand Prize. In the event a Potential Winner or Official Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Official Winner and all rights to any Prize will be forfeited in its entirety and a random drawing will be conducted in order to select an alternate Potential Winner, if time permits.
- 11.   11. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor or Administrator find to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve 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.
- 12. GOVERNING LAW/JURISDICTION.   The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Participant further waives all rights to have damages multiplied or increased.
- 14. RULES/WINNERS LIST.   To receive the name of the Winners or a copy of these Official Rules, send a self-addressed, stamped envelope to: “SpongeBob Fan Shellabration Sweepstakes” c/o P.O. Box 10505, Rochester, NY 14610, for receipt by October 13, 2013. Please specify “Rules” or “Winner Info”. Vermont residents may omit return postage. You may also view the Official Rules by visiting www.Nick.com/spongebobsweeps during the Entry Period.