Sea World – Escape To Discovery Cove Contest – Social Media – Win a day resort package) a cabana at Discovery Cove

A Chance to Win an Escape to Discovery Cove Contest
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: A Chance to Win an Escape to Discovery Cove Contest (the “Promotion”) is open
only to citizens and legal permanent residents of the fifty (50) United States and the District of
Columbia who are at least eighteen (18) years old at the time of entry. Employees of Sea World
of Florida LLC dba Discovery Cove, Merkle Inc., and any of their respective related companies,
parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the
development or execution of the Promotion or production or distribution of Promotion materials,
as well as the immediate family (spouse, parents, siblings, and children) and household members
of each such employee are not eligible. The Promotion is subject to all applicable federal, state,
and local laws and regulations. Void where prohibited. The Promotion consists of a sweepstakes
(the “Sweepstakes”) and a contest (the “Contest”).
2. Sponsor: Sea World of Florida LLC dba Discovery Cove, 6000 Discovery Cove Way Orlando,
FL 32821. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Agreement to Official Rules: By participating in the Promotion, entrant fully and
unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor
and/or Administrator, which are final and binding in all matters related to the Promotion. Whether
an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on May 14, 2021 at 10:00 a.m. Eastern Time (“ET”) and ends
on July 28, 2021 at 11:59 p.m. ET (the “Promotion Period”). The Contest consists of three (3)
phases (each a “Phase”) as set forth in the table below.
Phase Starts Ends
Submission May 14, 2021 at 10:00 a.m. ET June 25, 2021 at 11:59 p.m. ET
Judging June 26, 2021 at 12:00 a.m. ET July 6, 2021 at 11:59 p.m. ET
Voting July 12, 2021 at 12:00 a.m. ET July 28, 2021 at 11:59 p.m. ET
Administrator’s computer is the official time-keeping device for the Promotion. Entrants will
provide their entry information to the Sponsor and not to Facebook or Instagram.
5. How to Enter:
a. The Contest: To participate, you will need to have a Facebook and/or
Instagram account (each a “Social Account”). Creating each Social Account is
free but is subject to the applicable terms and conditions
(https://www.facebook.com/legal/terms) or
(http://instagram.com/about/legal/terms/#). Posting on Instagram requires a
mobile device and therefore message and data rates may apply. If entering
via a mobile device and using your wireless carrier’s network, standard data
charges from your wireless carrier may apply. Your account settings on the
Social Account you use to enter must be set to “unprotected” and/or “public” for
your posts or comments to Sponsor’s posts to be viewable by Sponsor.
During the Submission Phase, there are two (2) ways to enter:
Facebook: Take all of the following actions: (i) visit Discovery Cove’s Facebook
page; (https://www.facebook.com/DiscoveryCove/); (ii) follow Discovery Cove on
Facebook; (iii) find Sponsor’s pinned Contest post (“Post”); and (iii) comment on
the pinned Post with the following content: a photograph and caption to tell us
why you’re ready for an escape to Discovery Cove, and the hashtags
#EscapeToDiscoveryCove #Contest
Instagram: Take all of the following actions: (i) Follow @DiscoveryCove on
Instagram; and (ii) post a photograph and caption to tell us why you’re ready for
an escape to Discovery Cove, and the hashtags #EscapeToDiscoveryCove
#Contest within the original Instagram caption and post. Instagram stories, or
Instagram posts where the hashtag is included in a comment to the original post,
will not be deemed entries.
Your Facebook comment/Instagram post and its included content will collectively
be referred to as your submission (“Submission”). Your Submission need not
include any reference, positive or negative, to Sponsor’s products or services. By
posting your Submission, you agree that it conforms to the guidelines,
permissions, and content restrictions below and that Sponsor, in its sole
discretion, may remove your Submission from a gallery, if any, and disqualify you
if it believes that it fails to conform.
Guidelines:
The Submission must meet the format and size requirements of the
social platform used to enter;
The Submission must contain the hashtags
#EscapeToDiscoveryCove #Contest;
The Submission’s content must be in English;
The Submission cannot have been submitted previously in a
promotion of any kind; and
The Submission must be the sole, original work of the entrant.
Permissions: Entrant must have permission from any recognizable individuals
who appear in the Submission to use their names and likenesses in the
Submission and to grant the rights set forth herein. Minors may only be included
in the Submission if entrant is their parent or legal guardian. If requested, entrant
must be able to provide such permissions or proof in a form acceptable to
Sponsor.
Content Restrictions:
The Submission must not contain material that violates or infringes
another’s rights, including but not limited to privacy, publicity or
intellectual property rights, or that constitutes copyright infringement;
The Submission must not contain content created by a third party,
such as images or artwork;
The Submission must not contain brand names or trademarks other
than those owned by Sponsor, which entrant has a limited license to
use in his/her Submission in this Contest;
The Submission must not disparage Sponsor, Administrator, or any
other person or party nor any of the affiliated parks, products or
services of the Sponsor;
Submission must not promote alcohol, illegal drugs, tobacco, or
firearms/weapons or promotion any political agenda;
The Submission must not contain material that is inappropriate,
offensive, indecent, obscene, tortious, defamatory, slanderous or
libelous;
The Submission must not contain material that promotes bigotry,
racism, hatred or harm against any group or individual or promotes
discrimination based on race, gender, religion, nationality, disability,
sexual orientation, or age; and
The Submission must not contain material that is unlawful, in
violation of, or contrary to the laws or regulations in any state where
Submission is created.
Limit: Each entrant may upload up to five (5) Submissions during the Submission Phase,
regardless of method of entry. Submissions received from any person or email address in excess
of the stated limit will be void. Submissions generated by script, macro or other automated means
are void. Multiple entrants are not permitted to share the same Facebook/Instagram account.
Any attempt by any entrant to obtain more than the stated number of entries by using
multiple/different Facebook/Instagram accounts, identities, registrations and logins, or any other
methods will void that entrant’s entries and that entrant may be disqualified. In the event of a
dispute as to any registration, the authorized account holder of the Facebook/Instagram account
used to register 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 used to create the Facebook/Instagram
account. Each potential winner may be required to show proof of being the authorized account
holder. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen,
damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or
failure to receive Submissions due to limitation of third-party social network platforms; all of which
will be void.
Sponsor’s Use of Submissions: Posting a Submission constitutes entrant’s consent to give
Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify,
publish, create derivative works from, and display such submissions in whole or in part, on a
worldwide basis, and to incorporate it into other works, in any form, media or technology now
known or later developed, including for promotional or marketing purposes. If requested, entrant
will sign any documentation that may be required for Sponsor or its designees to make use of the
non-exclusive rights entrant is granting to use the Submission.
b. The Sweepstakes: During the Voting Phase, visit www.DiscoveryCove.com/escape
follow the links and instructions to vote on the Submission you believe should win the
Contest. You will receive one (1) entry into the Sweepstakes for each vote you submit.
Limit: Each entrant may receive one (1) Sweepstakes entry per calendar day during the
Voting Phase through this method. Multiple entrants are not permitted to share the same
email address. Any attempt by any entrant to obtain more than the stated number of
entries by using multiple/different email addresses, identities, registrations and logins, or
any other methods will void that entrant’s entries and that entrant may be disqualified.
Use of any automated program to enter will result in disqualification. Sponsor is not
responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations,
which will be disqualified. 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.
Potential winners may be required to show proof of being the authorized account holder.
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. If
prompted to provide personal data of a friend, including email address, you must have
consent of your friend to do so.
6. Winner Determination: Winners will be determined via the processes set forth below.
a. Contest:
i. Judging Phase: During the Judging Phase, qualified judges determined by
Sponsor in its sole discretion will select up to the top ten (10) Submissions (each a
“Finalist”) based on the following criteria (“Judging Criteria”):
Inspirational Power or Impact of Entry (25%);
Expression of Theme (25%);
Memorability with a focus on passion, authenticity, enthusiasm and
sentiment (25%); and
Uniqueness (25%).
In the event of a tie, Sponsor, in its sole discretion, will determine the Finalist
based on the Submission that received the highest score in the Inspirational
Power or Impact of Entry category. Sponsor reserves the right to select fewer than
the stated number of Finalists, if, in its sole discretion, it does not receive a
sufficient number of eligible and qualified Submissions. Sponsor will not disclose
judging scores.
Each potential Finalist will be notified by Sponsor via the social platform he/she
used to enter the Contest on or around July 6, 2021 and will be required to provide
his/her name, mailing address, date of birth and email address to confirm eligibility
and for prize fulfillment purposes within twenty-four (24) hours of the date notice or
attempted notice is sent into order to become a Finalist. If an entrant cannot be
contacted, fails to provide any required information within the required time period,
or does not comply with these Official Rules, entrant forfeits the position as Finalist
and the Sponsor will notify an alternate potential Finalist who received the next
highest score for his/her Submission. Sponsor is not obligated to confirm ten (10)
Finalists.
ii. Voting Phase: During the Voting Phase, the Finalists will be posted in an online
gallery for public voting at www.DiscoveryCove.com/escape Individuals who meet
the eligibility criteria set forth in Section 1 will be invited to vote for their favorite
Finalist. Viewing photos may require you to download and install the latest Flash
plug-in. Limit: Each entrant may vote one (1) time per day during the Voting Phase.
The Finalist that receives the highest number of votes during the Voting Phase will
be the potential Contest Grand Prize winner, and the remaining Finalists will be
named potential Contest First Prize winners. In its sole discretion, Sponsor
reserves the right to select an alternate Grand Prize winner should the voting
appear to have been tampered with or manipulated in any way. In case of a tie,
the Sponsor, in its sole discretion, will select the potential winner based on an
application of the Judging Criteria. Any attempt by any voter to obtain more than
the stated number of votes by using multiple/different email addresses, identities,
registrations and logins, or any other methods will void that voter’s votes and that
voter may be disqualified. Use of any automated program to vote will result in
disqualification. Purchasing of votes is not allowed. Sponsor reserves the right, in
its sole discretion, to cancel the voting, modify and/or restart the voting process
and/or, at its option, select the winners by alternate means if, in Sponsor’s sole
discretion, the voting becomes technically or otherwise corrupted or unfeasible.
ALL POTENTIAL WINNING ENTRIES AND VOTES ARE SUBJECT TO
VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL
ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY/VOTE HAS
BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS
COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER
EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY
AND/OR VOTING THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY
REASON IS DEEMED DEFECTIVE, IS VOID, AND WILL NOT BE HONORED.
b. Sweepstakes: Sponsor’s decisions as to the administration and operation of the
Sweepstakes and selection of potential Sweepstakes winners are final and binding in all
matters related to the Sweepstakes. Administrator will randomly select the potential
Sweepstakes winner from all eligible entries on or around August 2, 2021 and will notify
the potential winner by mail, email or phone at that time.
7. Winner Requirements: All potential winners must comply with all terms and conditions of
these Official Rules; and winning is contingent upon fulfilling all requirements. The potential
Grand Prize winner will be notified on or around August 2, 2021. The potential Grand Prize
winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to
sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”), which
must be received by Administrator within five (5) days of the date notice or attempted notice is
sent, in order to claim the prize. If a potential winner cannot be contacted, fails to execute and
return the Declaration within the required time period or provide any other requested information
(if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the
event that a potential Grand Prize winner is disqualified for any reason, an alternate winner will be
determined by the Submission with the next highest number of votes. If after three (3) attempts a
Grand Prize winner is not confirmed, the applicable prize will remain un-awarded. In the event
that the potential Sweepstakes Prize winner is disqualified for any reason, Sponsor will award the
applicable prize to an alternate winner by random drawing from among all eligible entries if
possible. Acceptance of any prize shall constitute and signify winner’s agreement and consent
that Sponsor may use the winner’s name, city, state, likeness, Photo and/or prize information in
connection with the Promotion, worldwide, including the Internet, without limitation and without
further payment or consideration, except where prohibited by law. Without limiting the generality
of these Official Rules, by entering, entrants grant a perpetual, royalty-free and worldwide license
to Sponsor of all intellectual property rights in their Submissions. Pursuant to the license granted
herein, entrants agree that Sponsor shall have the right to use, edit, adapt, modify, reproduce,
promote, display, distribute, perform, assign and otherwise use Submissions in any way they see
fit. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Photo and
that Sponsor in its sole discretion shall have the right to refrain from using the Photo. Sponsor
shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any
exploitation of its rights hereunder. Winner will indemnify, defend, release and hold harmless
Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against
all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal
expenses) arising out of the Promotion or the acceptance or use of any prize. Prizes will be
fulfilled 8 – 10 weeks after end of the Promotion.
8. Prizes:
a. Contest: ONE (1) GRAND PRIZE: Grand Prize package includes two (2) nights’
accommodations at a hotel determined by Sponsor in its sole discretion (single room,
double occupancy); a $2,000 travel stipend awarded as pre-paid Visa gift card; four (4)
Discovery Cove dolphin swims at Discovery Cove in Orlando, FL (guests must be at least
six (6) years old in order to swim with the dolphins; anyone under six (6) years old will
receive a day resort package); a cabana at Discovery Cove; and a Discovery Cove
welcome basket which includes four stainless steel Tervis tumblers. Expires December
31, 2022. All expenses and incidental travel costs not expressly stated in the package
description above, including but not limited to, ground transportation, meals, incidentals,
gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service
charges or facility charges, personal charges at lodging, security fees, taxes or other
expenses are the responsibility solely of winner. Approximate Retail Value (“ARV”):
$4,189.96. TEN (10) FIRST PRIZES: Four (4) stainless steel tumblers; a Discovery Cove
beach bag; and a Discovery Cove t-shirt. ARV: $189.69.
b. Sweepstakes: ONE (1) SWEEPSTAKES PRIZE: A stainless steel tumbler, a
Discovery Cove beach bag, and a Discovery Cove t-shirt. ARV: $104.99. Odds of
winning the prize depend on the number of eligible entries received during the Voting
Phase.
For all prizes: Prizes are non-transferable, and no substitution will be made unless Sponsor, in its
sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of
equal or greater value should it become unavailable for any reason. Winners are responsible for
all taxes and fees associated with prize receipt and/or use. Actual value of prizes may vary and if
the actual value of the prize or any portion thereof is less than the ARV set forth in these Official
Rules, no cash equivalent will be awarded. TOTAL ARV FOR ALL PRIZES: $6,194.55. Limit: One
(1) Grand Prize and one (1) First Prize per person.
For Grand Prize: Sponsor reserves the right to change the date of the prize execution in its sole
discretion. In the event that a potential winner is unable to use the prize on the date scheduled by
Sponsor, potential winner forfeits prize. Sponsor is not responsible for the availability of hotel
accommodations. If any of winner’s guests are under eighteen (18) years of age, then the guest
must be accompanied by a parent or guardian and the parent or guardian must be the winner.
Winner and guests will be required to comply with all park policies and restrictions (including,
without limitation, ride, tour and interaction program height, age and accessibility guidelines). In
the event it is deemed during the verification process that the potential Grand Prize winner does
not have a unique, personal and valid social security number for Sponsor to report the tax liability
associated with acceptance of the prize, such potential winner will be disqualified, and another
potential winner will be selected as outlined herein, if possible. Valid social security numbers will
be determined by IRS requirements. The Sponsor (or a party acting on its behalf) must report the
value of the Grand Prize to the IRS in the year the prize is received by the winner and will be
reported to the winner and the IRS in the form of a Form 1099.
9. Release: By participating in the Promotion or the acceptance or receipt of any prize, the
Promotion participants agree to release and hold harmless Sponsor, Administrator, Instagram,
Inc., Facebook, Inc., and their respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and prize suppliers, and each of their respective parent
companies and each such company’s officers, directors, employees and agents (collectively, the
“Released Parties”) from and against any claim or cause of action, including, but not limited to,
personal injury, death, or damage to or loss of property, arising out of participation in the
Promotion or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the
Contest if any fraud, technical failures, human error, any other factor impairs the integrity or
proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events
such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts
of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to
fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor
may, in its sole discretion, determine the winner(s) from among all non-suspect, eligible Entries
received up to time of such action using the judging procedure outlined above. Sponsor may also
modify the prizes offered. In addition, Sponsor reserves the right 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 the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive
manner and void all associated entries. 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 and other remedies (including
attorneys’ fees) 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.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrant, printing errors or by any of the equipment or
programming associated with or utilized in the Promotion; (2) technical failures of any kind,
including, but not limited to malfunctions, interruptions, or disconnections in phone lines or
network hardware or software; (3) unauthorized human intervention in any part of the entry
process or the Promotion; (4) technical or human error which may occur in the administration of
the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail;
or (6) 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 Promotion or receipt or use or misuse of any
prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical
problems, malfunctions of computer systems, servers, providers, hardware/software, lost or
unavailable network connections or failed, incomplete, garbled or delayed computer transmission
or any combination thereof. Released Parties are not responsible for any typographical/other
error in entries, selection announcement or for any liability for damage to any computer system
resulting from participation in, accessing or downloading information in connection with this
Promotion. If for any reason an entrant’s Promotion entry is confirmed to have been erroneously
deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the
Promotion, if it is possible. No more than the stated number of prizes will be awarded. In the
event that production, technical, seeding, programming or any other reasons cause more than the
stated number of prizes as set forth in these Official Rules to be available and/or claimed,
Sponsor reserves the right to award only the stated number of prizes by a random drawing
among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Promotion or any prize awarded shall be
resolved individually, without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan (Southern Division) or the appropriate
Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
entering this Promotion, but in no event attorneys’ fees; and (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, and 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 Promotion, shall be governed by, and construed in accordance with, the laws
of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether
of the State of Michigan or any other jurisdiction), which would cause the application of the laws
of any jurisdiction other than the State of Michigan.
13. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s
Privacy Policy https://seaworldentertainment.com/policies/privacy-policy.
14. Winner List: For a winner list or a copy of these Official Rules, send a self-addressed
stamped envelope to: Discovery Cove Marketing, 6000 Discovery Cove Way, Orlando, FL 32821.
All requests must be received by July 16, 2021 or visit https://bit.ly/37J5neO. The winner list will
be posted after winners are confirmed.
© 2021 SeaWorld Parks & Entertainment, Inc. All Rights Reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with,
Instagram, LLC or Facebook, Inc.