Discovery Communications – Shark Week – Win the following (the “Grand Prize”) (i) a shark diving experience for two (2) with Islander Charters in San Diego
The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or D.C. and 21 years or older as of Promotion start date. SHARK WEEK® SWEEPSTAKESOFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER AS OF PROMOTION START DATE. VOID WHERE PROHIBITED. 1. How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on July 11, 2022 until 5:00 p.m. ET on August 12, 2022 (the “Promotion Period”), you may enter the Shark Week® Sweepstakes (the “Promotion”) by visiting the Discovery Website (SharkWeek.com/Sweeps) (the “Website”) and completing and submitting the online entry form (an “Entry”). All Entries must be received by the end time and date of the Promotion Period to be eligible for the drawing. Incorrect and incomplete Entries are void. These Official Rules are also available on the Website. Limit of one (1) Entry per eligible person, per day during the Promotion Period. For purposes of this Promotion, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET unless specified otherwise. If multiple Entries are received during the same day, only the first Entry will be accepted and additional Entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) Entry per day by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your Entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all Entries by you. In the event of a dispute as to any online Entry, the authorized account holder of the email address used to enter 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 or other organization responsible for assigning email addresses for the domain associated with the submitted address. Prospective Grand Prize Winner may be required to show proof of being the authorized account holder. Note: In order to access the Website and in an effort to optimize the Website’s user experience, ad blocking software on your computer may need to be disabled. 2. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older as of Promotion start date. Employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible. Void where prohibited. 3. Privacy: In connection with the Promotion entry process, Sponsor and/or Promotion Entities may be collecting personal data about entrants on the Website in accordance with their privacy policies. Please review Sponsor’s and Promotion Entities’ privacy policies located at: https://corporate.discovery.com/privacy-policy/ and https://www.jeep.com/crossbrand_us/privacy. By participating in the Promotion, you hereby agree to Sponsor’s and Promotion Entities’ collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s and Promotion Entities’ privacy policies. When you enter at the Website, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor and/or other Promotion Entities. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. 4. Publicity Grant: Except where prohibited, participation in the Promotion constitutes your consent to Promotion Entities’ use of your name, photograph, likeness, statements, biographical information, voice, Entry, and state of residence for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. 5. Limitations of Liability: Discovery Communications, LLC (“Sponsor”), The TEAM Group, LLC, US Sweepstakes & Fulfillment Co., FCA US LLC, Islander Charters, Inc., and any other participating entities (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent companies, advertising and promotion agencies, prize suppliers and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all Entries become the property of Sponsor and will not be returned. Sponsor reserves the right to conduct a background check on any prospective Grand Prize Winner and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such prospective Grand Prize Winner might reflect negatively on Sponsor or any of the Promotion Entities. Failure by prospective Grand Prize Winner to agree to a background check may also result in disqualification. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. 6. How Winner will be Determined: One (1) prospective Grand Prize Winner (the “Grand Prize Winner”) will be selected in a random drawing from among all eligible Entries received during the Promotion Period on approximately August 31, 2022, and will be contacted by phone or email on or about three (3) business days following the drawing. Sponsor’s decisions with respect to the prospective Grand Prize Winner, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. Prospective Grand Prize Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective Grand Prize Winner within three (3) days from first notification attempt, if the prospective Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the prospective Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Grand Prize Winner shall be selected. The odds of winning depend upon the number of eligible Entries received. 7. Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any Entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect Entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the prospective Grand Prize Winner based on an email address, the winning Entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 8. Prize: The Grand Prize Winner will receive the following (the “Grand Prize”): (i) a shark diving experience for two (2) with Islander Charters in San Diego, California; and (ii) twenty thousand dollars ($20,000) presented in the form of a check, courtesy of FCA US LLC and the Jeep Brand. Approximate Retail Value (“ARV”) of the Grand Prize: $27,965.00. The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility. The Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize. The availability of the shark diving experience is subject to weather conditions and other factors, and may be cancelled or rescheduled in Sponsor’s or Islander Charters’ sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any part of or the entirety of the shark diving experience. If Grand Prize Winner elects to partake in any or all portions of the Grand Prize with no guest, no substitutions will be provided for unawarded portions of the Grand Prize. Grand Prize Winner will not receive difference between actual and ARV. All travel and accommodations must be booked and paid for by Grand Prize Winner. Grand Prize Winner is encouraged to use a portion of the cash prize toward transportation to/from and accommodations in San Diego, California. Shark diving experience must be completed by August 11, 2023. If Grand Prize Winner is unable to fulfill the shark diving experience during the selected time period, Grand Prize Winner forfeits the shark diving experience in its entirety. Selected shark diving experience date must be approved by Sponsor, and once confirmed may not be altered except with Sponsor’s approval. Some restrictions may apply. Meals and beverages, incidentals, tips, or any other personal expenses incurred during the trip are the sole responsibility of the Grand Prize Winner. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and their guest (“Guest”) are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize Winner and Guest must together attend the same shark diving experience on the date and/or time agreed to by Sponsor. If Grand Prize Winner is not legally eligible for travel to the destination(s), the Grand Prize will be forfeited in its entirety and an alternate winner may be selected. Once Guest is selected, he/she may not be substituted, except at the Sponsor’s sole discretion. Guest must be a legal resident of the 50 United States or D.C. and 21 years or older as of Promotion start date, and must sign a Liability and Publicity Release. If Guest fails to return such documents within date and/or time indicated within such documents, then Grand Prize Winner may forfeit the right to be accompanied by a guest. All travel is subject to any and all advisories, restrictions or requirements instituted by the U.S. Department of Defense, the U.S. Department of Homeland Security and/or the U.S. Centers of Disease Control and Prevention, as required. Participation in the Grand Prize is subject to any and all local and national COVID-19 protocols in place at the time of travel and throughout the duration of the Grand Prize trip (the “COVID Protocols”). Grand Prize Winner and Guest must comply with all applicable COVID Protocols. If Grand Prize Winner or Guest cannot comply with COVID Protocols for any reason, the Grand Prize may be forfeited in its entirety, at Sponsor’s sole discretion.Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value. 9. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York County, New York, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. 10. Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation. 11. Winners List: Beginning on or about September 12, 2022 you may obtain the name of the Grand Prize Winner by going to the Website. 12. Sponsor: Discovery Communications, LLC, 230 Park Avenue South, New York, New York 10003. 13. Administrator: The TEAM Group, LLC, 4915 Rattlesnake Hammock Road, Suite 199, Naples, Florida 34113. 14. Trademark Attribution: The Shark Week® and Jeep® trademarks are trademarks of their respective owners. The Promotion and all accompanying materials are © 2022 Discovery Communications, LLC.