Sep 4, 2017 - The administrator of this Sweepstakes is Creative Zing Promotion Group ... page, located at https://www.fa
The Orville Sends Your Crew to Space Camp Sweepstakes
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Participants are providing information to Fox Broadcasting Company and not to Instagram or Facebook. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR FACEBOOK. 1. DESCRIPTION: The “The Orville Sends Your Crew to Space Camp Sweepstakes” (the "Sweepstakes") begins at 8:00 am Pacific Time (“PT”) on Monday, September 4, 2017 and ends on Saturday, September 30, 2017 at 11:59 pm PT (“Sweepstakes Period”). During the Sweepstakes Period, eligible “Participants” will be invited to publish a unique and original photograph showcasing the Participant and their crew via Instagram and/or to Facebook as a “comment” on a Promotion-related Sponsor post inviting Participants to participate in the Promotion (each a “Submission” and collectively the “Submissions”) and include the hashtag #TheOrvilleCrewSweeps (the “Hashtag”). A crew is defined as up to three (3) people at least eighteen (18) years of age and the legal age of majority in their state of primary residence that will potentially join the Participant at space camp (the “Crew”) should such Participant be selected as a winner. The Sponsor of this Sweepstakes is Fox Broadcasting Company, 10201 West Pico Boulevard, Los Angeles, California 90035 ("Sponsor"). The administrator of this Sweepstakes is Creative Zing Promotion Group ("Administrator"), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801. 2. ELIGIBILITY: In order to be eligible to participate in the Promotion and to be considered as a potential winner, you must meet the following eligibility criteria (each, a “Participant”): • be a legal United States resident physically residing within the forty-eight (48) contiguous United States or the District of Columbia. Void where restricted or prohibited by law; • be at least eighteen (18) years of age and have reached the age of legal majority in their state of primary residence at time of entry; • have a non-private Facebook or Instagram account, and must be the rightful owner of the Facebook or Instagram account associated with the Submission. In the event of a dispute, the Participant or potential winner will be deemed the Authorized Account Holder of the email address associated with the Facebook or Instagram account, as long as such person is otherwise eligible in accordance with these Official Rules. “Authorized Account Holder” is defined as the natural person in whose name the email account was opened. In the event of a dispute regarding the identity of an Participant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible; and • must NOT be an employee, shareholder, officer, director, agent or representative of Sponsor or Administrator, (collectively, "Sweepstakes Entities"), Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation, or any of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives or promotion and advertising agencies, nor can Participant be the Immediate Family Members and/or Household Member of such persons. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three (3) months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. 3. HOW TO PARTICIPATE: There are two (2) ways to participate in the Sweepstakes. Instagram Entry: During the Sweepstakes Period, log into your Instagram account and post a Submission to Instagram and include the hashtag #TheOrvilleCrewSweeps to receive one (1) entry into the Sweepstakes.
2|Page Facebook Entry: During the Sweepstakes Period, log into your Facebook account, visit the Sponsor’s Facebook page, located at https://www.facebook.com/TheOrville (the “Facebook Page”), and respond to the Promotion-related Sponsor post with your Submission in the form of a comment to receive one (1) entry into the Sweepstakes. Participants must be a registered user of Instagram or Facebook (as applicable), and, for Instagram entry, a follower of @TheOrville on the Instagram account used to participate in the Promotion and have the ability to accept direct messages from the Sponsor via Instagram or Facebook (as applicable). Each Submission that is entered into the Sweepstakes must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute direction, violates the following criteria will be disqualified): a) Submission must be original to Participant and Participant must be the rightful owner of the Submission or must have the rights, title and interest necessary to utilize the Submission for the Promotion in compliance with these Official Rules; b) Submission must comply with the applicable technical submission requirements (e.g., size, format) for the social media platform used for entry and must comply with the Terms of Use for such social media platform; c) Submission must NOT include images of other people (alive or dead) without permission from said person and must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights. If applicable, Participant may be required to verify such authorization in the form of a release; d) Submission cannot contain content that infringes trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; e) Submission must NOT contain material which is (or promoting activities which are) or may be construed as sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Promotion Entities; f) Submission must NOT include any copyrighted media production, or references to films, music, books, television programming, etc., or contain any identifying descriptions of any media property; and g) Submission must NOT contain any derogatory references to any of the “Released Parties”, as defined below: IMPORTANT: Your Submission may appear in the Sponsor’s social media stream. Be sure you are comfortable with your Submission before submitting. If you do not want your Submission to be made public, do not enter the Sweepstakes. Sweepstakes Entities reserve the right to request that a Participant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which entries have satisfied the eligibility requirements. The Participant is limited to one (1) entry per person per method of entry for the duration of the Sweepstakes Period. All entries must be received by 11:59 pm PT on September 30, 2017. If entries exceed the entry limitations, the Participant may be disqualified, at the Sponsor's sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Participants must accurately provide all of the requested information to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Participants becomes the property of Sponsor. ELIGIBLE PARTICIPANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Participant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted on these Official Rules.
3|Page 4. WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, one (1) potential Grand Prize winner will be randomly selected from all eligible entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified in the form of a direct message or comment from the Sponsor to/on the social media platform associated with the selected Submission. The potential Grand Prize Winner will be required to respond (as directed) to the notification within seventy two (72) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond timely to the notification may result in forfeiture of the Grand Prize. The potential winner will be required to verify address, sign, and return within three (3) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor or Administrator may require (collectively, “Prize Acceptance Forms”). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries, time permitting. A prize will not be awarded and Participant will not be confirmed as the “Winner” until all such properly executed Prize Acceptance Forms are returned. Sweepstakes Entities, in their sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Sweepstakes Entities reserve the right to disqualify anyone not fully complying with the Official Rules. All federal, state and local taxes and any other costs and expenses, associated with the receipt or use of the prize are the sole responsibility of the winner. As required by law, an IRS Form 1099 will be issued in the name of the winner for the actual value of the prize received. 5. ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. 6. GRAND PRIZE: There is one (1) Grand Prize available. The Grand Prize consists of a 3-day/2-night trip to Huntsville, Alabama (the “Trip”) for the winner and up to three (3) guests. The Trip will consist of the following: (a) Round-trip coach class airfare for Winner and up to three (3) guests from a gateway airport near the Winner’s permanent residence to an airport in close proximity to Huntsville, AL (if Winner lives within a 200 mile radius of the destination, the Sweepstakes Entities may substitute airfare by providing ground transportation or a ground transportation allowance of $300; airports selected are at the sole discretion of Sweepstakes Entities); (b) Accommodations at Adult Space Academy® for two (2) nights for the Winner and up to three (3) guests; (c) Opportunity for the Winner and guest(s) to attend Adult Space Academy® (the “Event”); and (d) Airport transfers (if applicable). Approximate Retail Value (“ARV”) of Grand Prize: $5,000. Actual value will depend on the point of departure, airfare fluctuations and seasonal pricing; any difference between the ARV and the actual cost of the trip will not be awarded. Trip must be completed by September 9, 2018. All prize details are at the sole discretion of the Sweepstakes Entities. Winner’s guests must be at least eighteen (18) years of age. Guests will be required to verify address and to execute a Travel Companion Release, as directed by the Administrator, prior to the travel departure date. Failure to return the executed Travel Companion Release within the specified time period may result in forfeiture of the Trip for the guest. If the Event is cancelled or postponed for any reason, Sponsor reserves the right, in its sole discretion, to either (a) substitute a prize of equal or greater value; or (b) to change the dates of the Trip to accommodate an alternate Event date, if applicable. Winner and his/her guests must travel together on same itinerary for the Trip. Winner and his/her guests agree to undertake the Trip at their own risk. All travel arrangements must be made through Sweepstakes Entities. Winners must book Trip through Sponsor’s representative a minimum of thirty (30) days prior to intended travel date. Airline will be selected by Sweepstakes Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Sweepstakes Entities’ sole discretion. Sweepstakes Entities will not replace any lost or stolen tickets or travel vouchers. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of Winner. For the avoidance of doubt, Winner shall be solely responsible for all costs, expenses, and incidentals associated with prize acceptance and use, including, but not limited to, additional ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare may be charged to the Winner from stopover point for the remaining segments, including return, of the Trip. Sweepstakes Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Airline tickets are non-refundable/non-transferable and are not valid for upgrades. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes.
4|Page Winner is responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable Federal inspection fees. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If a prize cannot be awarded due to circumstances beyond the control of the Sweepstakes Entities, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only. Trip Conduct: Winner and his/her guests shall conduct themselves with due regard to the public conventions and morals. They shall not, while representing the Sweepstakes Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. Winner and his/her guests shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event the Winner or his/her guests engage in behavior that (as determined by Sweepstakes Entities in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Sweepstakes Entities reserve the right to terminate the Trip early and send the Winner and/or guests home with no further obligation related to the prize. Sweepstakes Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, restaurant or venue (“Providing Party”) and Sponsor is merely an independent supplier of the Trip and is not in any way related to each Providing Party. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those Providing Parties or any of their agents, servants, employees or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, or (d) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. 7. CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that he or she may win, each Participant agrees to release the Sweepstakes Entities, and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, including, without limitation, Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the producers of Sponsor’s programs; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of the prize. Each Participant authorizes the Sweepstakes Entities and their designees to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sweepstakes Entities are not obligated to use any of the abovementioned information or materials, but may do so and may edit such information or materials, at Sweepstakes Entity’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Sweepstakes; (v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage
5|Page arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 8. INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Winner’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom. 9. DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Sweepstakes, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below. 10. ARBITRATION PROVISION: By participating in this Sweepstakes, each Participant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the Participant may have against Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the Participant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void,
6|Page and neither Participant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. 11. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://www.fox.com/policy. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personal information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment. 12. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the "Orville Sends Your Crew to Space Camp Sweepstakes” Winner List/Rules, 189 South Orange Ave, Suite 1130A, Orlando, FL 32801. Requests for the names of the winners must be received no later than December 1, 2017. Vermont residents may omit return postage. This Promotion is in no way sponsored, endorsed or administered by Instagram or Facebook. Instagram and Facebook are completely released of all liability by each Participant in this Promotion.
