Zookeeper Safari Adventurer Sweepstakes Official Rules

Zookeeper Safari Adventurer Sweepstakes
Official Rules
October 4, 2011 -- November 1, 2011



PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Zookeeper “Safari Adventurer” Sweepstakes (“Sweepstakes”) will begin on October 4, 2011 at 10:00:01 AM ET and end on November 1, 2011 at 09:59:59 AM ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental U.S. or District of Columbia, and who are eighteen (18) years of age or older and the age of majority in their state of residence 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 their 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 iVillage, Inc., 75 9th Avenue, 7th Floor, New York, NY 10011, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), and 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.

Release of Liability/ General Conditions:
SWEEPSTAKES ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES: (I) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF THE JUDGES WHICH SHALL BE BINDING AND FINAL; (II) TO WAIVE ANY RIGHTS TO CLAIM ABIGUITY WITH RESPECT TO THE OFFICIAL RULES; (III) TO WAIVE ALL OF HIS/HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (IV) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EACH OF THE SWEEPSTAKES ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES) THAT MAY ARISE IN CONNECTION WITH: (A) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, (B) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS, (C) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE AN PRIZE (OR ANY COMPONENT THEREOF), (D) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ANY OF THE SWEEPSTAKES ENTITIES’ CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (E) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES, (F) HUMAN ERROR, (G) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (H) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE SWEEPSTAKES SITE OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SWEEPSTAKES ENTITIES OR BY AN ENTRANT, (I) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (J) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER AND/OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES, (K) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, (L) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SWEEPSTAKES ENTITIES, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (M) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE SWEEPSTAKES ENTITIES. EACH WINNER HEREBY ACKNOWLEDGES THAT THE SWEEPSTAKES ENTITIES 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 ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES PROVIDED BY ANY OF THE PRIZE SUPPLIERS ASSOCIATED WITH THIS SWEEPSTAKES.

TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period visit iVillage.com, (the “Website”) click on the Sweepstakes icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (“Entry”). All Entries become the property of Sponsors, and will not be acknowledged.

Entries must be received before November 1, 2011at 09:59 AM ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter once per day for a total of twenty-nine (29) Entries per person/email address during the Sweepstakes Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, 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 email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.  Entry constitutes permission (except where prohibited by law) to use entrant’s 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.

WINNER SELECTION AND NOTIFICATION:
On or about November 4, 2011 three (3) potential Winners (as defined below) 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 potential Winners at the phone number and/or email address submitted at the time of entry. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within fourteen business days (14) 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 potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, potential Winner(s) will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.

PRIZE: The following prizes will be awarded in the Sweepstakes:
1. One (1) grand prize (“Grand Prize”) will be awarded to One (1) Grand Prize winner (“Grand Prize Winner”). The Grand Prize will consist of the following: One (1) Sony Alpha NEX 5N Camera and Four (4) tickets to a local zoo determined by Sponsor, based on the proximity to Grand Prize Winner’s legal residence.
a. Estimated Retail Value (“ERV”) of the Grand Prize: Eight Hundred and Fifty Dollars ($850). Actual Retail Value (“ARV”) may vary based on retail prices. Any differences between ERV and ARV will not be awarded. Grand Prize Winner will receive an IRS Form 1099 from Sponsors for the total ARV of Grand Prize for the calendar year in which Grand Prize is awarded.

2. One (1) second prize (“Second Place Prize”) will be awarded to One (1) Second Place Prize winner (“Second Place Prize Winner”). The Second Place Prize will consist of the following: One (1) Sony DSC WX9 Cyber Shot camera.
a. Estimated Retail Value (“ERV”) of the Second Place Prize: Two Hundred Fifty Dollars ($250). Actual Retail Value (“ARV”) may vary based on retail prices. Any differences between ERV and ARV will not be awarded.

3. One (1) third prize (“Third Place Prize”) will be awarded to One (1) Third Place Prize winner (“Third Place Prize Winner”). The Third Place Prize will consist of the following: One (1) Sony HD Bloggie Camera. a. Estimated Retail Value (“ERV”) of the Third Place Prize: Two Hundred Dollars ($200). Actual Retail Value (“ARV”) may vary based on retail prices. Any differences between ERV and ARV will not be awarded.

Total Estimated Retail Value (“ERV”) of all prizes to be awarded in the Sweepstakes is One Thousand Three Hundred Dollars ($1.300). Actual Retail Value (“ARV”) may vary based on retail prices. Any differences between ERV and ARV will not be awarded.

All prize details will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute 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 a Prize are the sole responsibility of Winners. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of a Prize by a Winner. If a 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 due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof.

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, Sony Pictures Home Entertainment Inc. and 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 or Sweepstakes and/or his/her acceptance, possession, use, or misuse of a Prize or any portion thereof (including any travel related thereto); (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 a Prize, including express warranties provided exclusively by Prize supplier that are sent along with a 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 on the Website. 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). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

DISPUTES: The 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 name of the Winner, available after November 15, 2011 send a self-addressed, stamped envelope to be received by January 1, 2012 to: Zookeeper Safari Adventurer Sweepstakes, iVillage, Inc., 75 9th Avenue, 7th Floor, New York, NY 10011.

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