San Diego Zoo

NBC California Live San Diego Zoo Sweepstakes: Official Rules

NBC CALIFORNIA LIVE SAN DIEGO ZOO SWEEPSTAKES
Official Rules
OCTOBER 6, 2020 – OCTOBER 12, 2020

PRELIMINARY INFORMATION:  NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the NBC CA Live Geographic Viewing Area (defined below) and where prohibited. The NBC California Live San Diego Zoo Sweepstakes (“Sweepstakes”) begins on October 6, 2020 at 11:30 A.M. PT and ends on October 12, 2020 at 11:59 P.M. PT (“Sweepstakes Period”).  All times in the Sweepstakes refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (defined below) received during the Sweepstakes Period.  Sweepstakes is subject to all applicable federal, state and local laws. PRIZE (DEFINED BELOW) DOES NOT INCLUDE TRANSPORTATION, PARKING, OR ACCOMMODATIONS OTHER THAN SPECIFIED BELOW.

ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in the KNBC terrestrial geographic viewing area in one (1) of the counties of Los Angeles, Kern, San Bernardino, Orange, Riverside, or Ventura in the state of California; the KNTV terrestrial geographic viewing area in one (1) of the counties of Alameda, Contra Costa, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma in the state of California; and the KNSD terrestrial geographic viewing area in the county of San Diego in the state of California (collectively, the “NBC CA Live Geographic Viewing Area”) and who are eighteen (18) years of age or older as of the start of the Sweepstakes Period.  Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes.  Sweepstakes Entities, as referenced herein, shall include, KNBC, 100 Universal City Plaza, Building 2120, Universal City, CA 91608, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Zoological Society of San Diego, 2920 Zoo Drive, San Diego, CA 92101 (“Prize Provider”), KNTV, 2450 N. First Street, San Jose, CA 95131, and KNSD, 9680 Granite Ridge Dr., San Diego, CA 92123, and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.  Prize must be redeemed by April 9, 2021 (or such other date designated by Sponsors and/or Prize Provider in their sole discretion) or Prize will be forfeited.

TO ENTER: During the Sweepstakes Period, use your personal Instagram account to visit the NBC California Live Instagram account located at www.instagram.com/nbccalive (“Website”) and follow @nbccalive. Once you follow @nbccalive, then tag a friend in the comments section of the Sweepstakes post (“Post”) that will be posted on the Website on October 6, 2020 at or about 11:30 A.M. PT (“Entry”). The Entry must be submitted via a “Comment” on the Post. If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. An Instagram account is required to enter the Sweepstakes via Instagram. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account. If you choose to submit your Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsors and will not be acknowledged.

Limit one (1) Entry per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before October 12, 2020 at 11:59 P.M. PT to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes.  Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified.Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. “Authorized account holder” of an Instagram account is defined as the person assigned to the Instagram account by Instagram. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Instagram user name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. 

PRIVACY: By submitting an Entry, entrants agree to Sponsors’ privacy policy located at https://www.nbcuniversal.com/privacy.

WINNER SELECTION AND NOTIFICATION: On or about October 13, 2020, three (3) potential winners (“Winners,” each a “Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify each potential Winner via direct message on Instagram or via comment on the Post. Sponsors may share potential Winners’ names and contact information with Sweepstakes Entities and/or prize provider, as applicable, if necessary. EachpotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (defined below) or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Limit one (1) Prize (defined below) per person, family or household.

PRIZE:  There will be three (3) prizes (“Prizes,” each a “Prize”) awarded to Winners; one (1) Prize will be awarded to each Winner. Each Prize will consist of the following: four (4) adult one (1)-Day tickets (“Tickets”) to the San Diego Zoo, located at 2920 Zoo Drive, San Diego, CA 92101 or San Diego Zoo Safari Park, located at 15500 San Pasqual Valley Road, Escondido, CA 92027 (“Park”); and a two (2)-night stay at Kings Inn San Diego (“Hotel”), located at 1333 Hotel Cir S, San Diego, CA 92108. Prize is subject to certain terms and conditions as specified by issuer. Restrictions may apply. Tickets must be redeemed by April 09, 2021. Tickets blackout dates apply. Tickets blackout dates are as follows: November 27-28, 2020; December 19-31, 2020; January 01, 2021; February 13-15, 2021; March 13-14, 2021; March 20-21, 2021; and March 27-April 4, 2021. Hotel must be redeemed by June 30, 2021. Prizes do not include transportation and parking.

The Estimated Retail Value (“ERV”) of each Prize is four hundred and twenty nine dollars USD ($429.00).  Actual Retail Value (“ARV”) may vary. Any difference between ARV and stated ERV will not be awarded. Total Retail Value (“TRV”) of all prizes is one thousand two hundred and eighty seven dollars USD ($1,287.00).

All details of Prize will be determined by Sponsors in their sole discretion.  Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of each Winner. Prize cannot be transferred by Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winners. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion. 

Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize and are not responsible or liable for any expenses incurred as a consequence thereof. If Winner chooses to partake in any portion of the Prize with fewer than the permitted number of guests, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Winner and guests agree to abide by all venue rules and regulations in connection with Prize, as applicable. Guests, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or guest portion of Prize will be forfeited. If any guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.

All parts of the Prize are subject to availability, and subject to change or cancellation without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including, but not limited to, travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfilment of all or a portion of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Sponsors in their sole and absolute discretion, reserve the right to evaluate, make modifications to, and restructure the redemption and fulfillment processes and timelines for the Prize, or portion thereof, that Sponsors are responsible for, which may include, but is not limited to, providing additional time for redemption and/ or fulfillment. Sponsors may modify and/or restructure the Prize or portions thereof to comply with government orders or guidelines and Sponsors’ and/or Prize Provider’s health and safety requirements.  In addition, Winners and guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before traveling. Should the Prize, or a portion thereof, become unavailable Sponsors shall make reasonable efforts to provide Winners with substitute experiences and/or items of a similar nature and value for that portion of the Prize that is unavailable. If no substitute prizing is reasonably available then the remaining components, if any, of the Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners, and no other or additional compensation will be awarded.

Prize fulfillment and related activities will take place on a date and time designated by Sponsors and only when and in a manner that it is safe to do so, as determined by Sponsors in their sole discretion in consultation with appropriate health and safety experts. Winners and guests, if any, must follow all instructions given by representatives of Sponsors and/or Prize Provider at all times.

In connection with any visit to the San Diego Zoo, San Diego Zoo Safari Park, and/or Kings Inn San Diego, please be advised that Sponsors’ and Prize Provider’s policies, CDC guidelines, and the recommendations of health officials must be followed.  Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsors and Prize Provider cannot guarantee that any person will not be exposed during a visit. 

If required, Winners and guests, if any, must cooperate with Sponsors’ inquiries related to public health matters and follow Sponsors’ related rules and processes, including, but not limited to, disclosures or processes recommended or required by public health authorities to protect the health and safety of Winners, guests, and others. Winners and guests, may be subject to health screenings (which may include, but are not limited to, temperature checks, symptom screening, lab testing, and/or other medical exams) to be conducted by Sponsors or their designee(s) prior to or during the fulfillment of the Prize and related activities. Failure to fully comply with Sponsors’ requests or requirements may result in forfeiture of the Prize or portions thereof, as determined in Sponsors’ discretion.

During a period starting approximately four weeks before participation in activities related to the Prize and ending approximately four weeks after participation in the last of such activities (such period(s) subject to change based on medical guidance, and/or policy guidance), Winners and guests, may be required to inform Sponsors, upon Sponsors’ request, about matters relating to communicable illnesses and safe fulfillment of the Prize and related activities, including, without limitation: (a) medical symptoms; (b) travel history; (c) recent contact with others who have displayed symptoms of or have otherwise been confirmed to have a communicable illness; and (d) active public health orders issued by a civil authority or any similar public health mandate (e.g., order to quarantine, order to stay at home, order to disclose communicable illness) to which Winners and/or guests are subject.

CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Instagram, and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and, (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.

ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at https://www.nbclosangeles.com. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

DISPUTESThe Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york.  All proceedings brought pursuant to this paragraph will be conducted in the County of new york.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the names of the Winners, available after October 20, 2020 or for a copy of these official rules, send a self-addressed, stamped envelope to be received by December 15, 2020 to: NBC California Live San Diego Zoo Sweepstakes “RULES” or “WINNER’S NAMES” (specify which), 100 Universal City Plaza, Bldg. 2120, 3rd Floor, Universal City, CA 91608, Attn: Tim Howick.

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, Instagram. Entrants are providing information to Sponsors and not to Instagram.  

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