Official RulesTHE WHALEMAN FOUNDATION
2. ELIGIBILITY: Open to residents of the United States (except Puerto Rico) age 18 and over and who have Internet access as of June 24, 2008. Employees and directors of The Whaleman Foundation (the “Sponsor”), or any of their parent companies, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. 3. WINNER SELECTION: Winner will be selected on or about August 5, 2008 by Sponsor or its designee, who shall be considered the judges of the contest, based on the judges' evaluation of the most influential Badges that have solicited the highest dollar amount in charitable dollars; One (1) Grand Prize Winners will be selected. The decisions of the judges are final and binding on all matters relating to the contest. Winner will be notified by telephone or email within 3 days of winner selection and the prize will be delivered within a period 30 days once the winner has been certified as eligible. Potential winner may be required to sign and return an Affidavit of Eligibility/Release of Liability and, except where prohibited, a Publicity Release within 14 days of notification or prize will be forfeited and an alternate winner selected. If winner is not available within 48 hours of first attempt by Sponsor to contact winner, prize will be forfeited and an alternate winner selected. 4. PRIZES: One (1) winner will be awarded one (1) half-day boating excursion for one (1) winner and one (1) guest to Go Whale Watching with Hayden Panettiere on a date to be determined between August 11 – 15, 2008. Approximate retail value (“ARV”): $1000. Winner is responsible for all federal, state and local taxes applicable to the acceptance and use of his/her prize. All prizes will be awarded. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. If prize becomes unavailable or cannot be awarded for any reason, Sponsor reserves the right to provide a cash payment or substitute a prize of comparable value. Limit of one prize per person, household or email address. The prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. No more than the advertised number of prizes will be awarded. 5. GENERAL: This Contest is governed by the laws of the United States. All federal, state and local laws and regulations apply. Sponsor reserves the right to suspend, modify, or cancel this Contest at any time without notice or obligation. Automated or bulk entries or entries submitted by third parties will be disqualified. All entries and entry-related data is property of Sponsor and will not be disclosed to entrants. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries, malfunctioning links or failed attempts to click-through; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. By entering, entrants agree to: (a) to be bound by the Official Rules and the decisions of the judges; and (b) give his or her express permission to be contacted by Sponsor by email, mail or phone. By submitting an Entry, entrant consents to the use of his/her name and likeness for advertising and promotional purposes without additional compensation in all media worldwide, now known or hereafter developed (except if winner is a resident of TN or where otherwise prohibited by law). All federal, state and local laws and regulations apply. WARNING: ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THE GO WHALE WATCHING WITH HAYDEN CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE GO WHALE WATCHING WITH HAYDEN CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND 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. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding the GO WHALE WATCHING WITH HAYDEN CONTEST, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the GO WHALE WATCHING WITH HAYDEN CONTEST; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the GO WHALE WATCHING WITH HAYDEN CONTEST is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of GO WHALE WATCHING WITH HAYDEN CONTEST, Sponsor may, in its sole discretion, disqualify any individual who tampers with the entry process (a) cancel or terminate the GO WHALE WATCHING WITH HAYDEN CONTEST (or any portion thereof); (b) modify the GO WHALE WATCHING WITH HAYDEN CONTEST or suspend the GO WHALE WATCHING WITH HAYDEN CONTEST to address the impairment and then resume the GO WHALE WATCHING WITH HAYDEN CONTEST in a manner that best conforms to the spirit of these Official Rules. 6. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THE GO WHALE WATCHING WITH HAYDEN CONTEST ENTRANTS AGREE THAT SPONSOR AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, WEB SITE PROVIDERS, WEB MASTERS, AND ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THE GO WHALE WATCHING WITH HAYDEN CONTEST OR IN ANY GO WHALE WATCHING WITH HAYDEN CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. PARTICIPANTS AGREE THAT SPONSOR AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, WEB SITE PROVIDERS, WEB MASTERS, AND ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET SITE BADGE. EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND GO WHALE WATCHING WITH HAYDEN CONTEST AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE GO WHALE WATCHING WITH HAYDEN CONTEST, INCLUDING THE WEB SITE AND ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 7. DISPUTES: This Contest is governed by laws of the State of California, with exclusive venue for any dispute in Los Angeles County, California. Except where prohibited, entrant agrees that: any and all disputes, claims and causes of action arising out of or connected with this GO WHALE WATCHING WITH HAYDEN CONTEST or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the laws of the State of California; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the GO WHALE WATCHING WITH HAYDEN CONTEST, but in no event attorneys’ fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 the entrant and Sponsor in connection with the GO WHALE WATCHING WITH HAYDEN CONTEST, shall be governed by, and construed in accordance with, the state laws of California, without giving effect to any choice of law or conflict of laws rules (whether of the state laws of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the laws of the State of California. 8. WINNERS' LIST: For a list of winners, send a stamped, self-addressed envelope, postmarked by August 15, 2008 to be received by August 22, 2008 to: GO WHALE WATCHING WITH HAYDEN Contest, Winners' List, 30 Hauoli St #201 Wailuku, HI 96793 . Verified winners’ names will be posted on www.myspace.com/whalemanfoundation. SPONSOR: The Whaleman Foundation www.whalemanfoundation.org. |