THE RIPLEY’S AQUARIUM SCHOOLING SCHOLARS PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
The Ripley’s Aquarium Schooling Scholars Promotion (“Promotion”) is sponsored by Ripley Entertainment Inc. (“Sponsor”), 7576 Kingspointe Parkway, Suite 188, Orlando FL 32819 32830 and is administered by Sponsor in its capacity of sponsor (“Administrator”).
1. PROMOTION PERIOD: The Promotion consists of a contest (“Contest”) that consists of a submission period that begins at 12:00 PM ET on September 2, 2024 and ends at 11:59:59 PM ET on November 20, 2024 (“Submission Period”) that is followed by a judging period that begins at 12:00 AM ET on November 21, 2024 and ends at 11:59:59 PM ET on November 24, 2024 (“Judging Period”). The Submission Period and the Judging Period are collectively the “Contest Period”. The Administrator’s computer is the official clock of the Promotion.
2. ELIGIBILITY: The Promotion is offered only to elementary, middle, and high school teachers employed in a public or private school, who are legal residents of the fifty continental United States and the District of Columbia only and at least twenty-one (21) years of age, in each case at the time of entry and throughout the Promotion Period. Employees of Sponsor, Administrator, Sponsor’s promotional partners, and any of their parent and affiliate companies and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Promotion.
3. HOW TO ENTER THE CONTEST: During the Submission Period, an eligible entrant must visit Ripleys.com and complete and submit the registration information including, but not limited to a valid e-mail address, password (created by the entrant), their first and complete last name (no initials), phone number, street address (no P.O. Boxes will be allowed), city, state and Zip Code, school name where entrant works, school city, school state, school Zip Code, school principal’s name, and grade level entrant teaches. An eligible entrant must then follow the on-screen prompts to submit an essay, art project or other presentation that describes that describes an example of how your class will benefit from the aquarium visit and how you will build upon your visit to the aquarium (“Submission”). All Submissions must comply with the restrictions outlined below. Sharing or posting of the Submission on social media, including on Instagram, Facebook or Twitter, will not improve your chances of winning. Entry Limit: There is a limit of one Submission per person during the Submission Period. If more than one (1) Contest submission is received from the same person, only the first Submission received may be considered valid. Entry Requirements: All entries must comply with the following restrictions:
- Must be in English, except for commonly understood non-English words;
- Must comply with these Official Rules;
- An essay must not be longer than 2,000 words;
- Must not include any identifiable person(s) other than the entrant;
- 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;
- Must be the original work of the entrant and must not contain images or artwork, music, quotes, parodies or other materials not created by entrant;
- Must not disparage Sponsor or its products or services, Administrator, or any other person or party;
- Must not have been submitted previously in a promotion or contest of any kind and has not been exhibited or distributed currently or previously in any media;
- Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
- Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
- gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
- Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
- Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission was created.
NOTE: If any Submission fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the entrant, at any time. SUBMISSIONS POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Entrants shall not incorporate any intellectual property owned by a third party into their Submission. Without in any way limiting, expanding or amending the terms and conditions residing on any Contest-related website, including the Website, which terms and conditions shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from any Promotion-related website because of such infringement, such Submission may be disqualified from the Contest, as Sponsor may determine in its sole and absolute discretion. Further, no entrant will be eligible to receive the prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes and such entrant’s eligibility and compliance with these Official Rules is verified (including, without limitation, as provided in Section 6 below). Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original content; (ii) the Submission has not been previously published; (iii) the Submission has not won previous awards; (iv) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (v) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (vi) entrant has obtained permission from any person whose name, likeness or voice is used in the Submission; and (vii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. By submitting a Submission, entrant hereby grants permission for the Submission to be publicly posted, at Sponsor’s sole and absolute discretion. By submitting a Submission, entrant grants Sponsor an unlimited, worldwide, royalty-free, irrevocable, perpetual, license and right to publish, use, publicly perform and display the Submission in whole or in part, in any way, in any and all media, without limitation, and without consideration to the entrant, for promotional or marketing purposes. The Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries or Submissions – all of which will be void. Sponsor reserves the right to disqualify any entrant and/or Submission in its sole and absolute discretion.
4. CONTEST JUDGING PERIOD: During the Judging Period, the Submissions will be judged by a panel of judges selected by the Sponsor in its sole and absolute discretion (“Judges”). The Judges will score the entries according to the following weighted criteria: (i) Student Impact: 50%; (ii) Creativity: 30%; Inspires Optimism: 10%; and (iv) Storytelling 10% (“Judging Criteria”). The ten (10) Submissions that receive the highest score will be declared the potential Contest prize winners. The Contest winners are potential winners pending verification of eligibility and compliance with the Official Rules. In the event of any ties, the entry with the highest score in criterion (i) Student Impact will prevail. In the event there are still any ties, the tied Submissions will be judged again and the Submission with the highest overall score will prevail. If a potential winner is found to be ineligible or does not comply with these Official Rules, or otherwise does not accept their prize as awarded, he/she will be disqualified and the Submission with the next highest judges score will be named a potential winner. Administrator’s, Judges’, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winners. Judging scores will not be revealed. Sponsor reserves the right to not award the Contest prize if, in its sole and absolute discretion, it does not receive a sufficient number of qualified Submissions.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
A. Contest Prizes: Each Contest prize is admission for up to 35 students, a pizza lunch for up to 37 individuals, and a private animal encounter for each winner (“Contest Prize”). The Contest Prize must be redeemed between November 27, 2024 and February 28, 2025. The approximate value of the contest prize is $625. Sponsor bears no responsibility if any event, element or detail of a prize is canceled, postponed or becomes unavailable for any reason. No winner will receive compensation from Sponsor for tickets that Winners are unable to use due to cancellation of any event, element or detail, but tickets may be subject to standard rain-check policies and procedures set by the Sponsor. Winners agree that admission to any event or premises is awarded pursuant to a revocable, nontransferable license that is personal to the applicable winners, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Sponsor reserves the right to remove or to deny entry to any winner if such winners violate the previous restrictions or engage in a disruptive manner, or with intent to abuse, threaten or harass any other person at the event or premises. No more than ten (10) Contest Prizes are available in the Promotion. The approximate retail value of each Contest Prize is $625.
B. General: Limit: One (1) Contest Prize per person. Non-cash portion of prizes cannot be redeemed for cash. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of equal or greater value. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. In no event will more prizes be awarded than are stated in these Official Rules. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes by either re-judging the Contest Submissions according to the Judging Criteria in Section 3. as determined by Sponsor in its sole and absolute discretion.
6. WINNER VERIFICATION: Potential winners are subject to verification of eligibility and compliance with these Official Rules, as are confirmed winners until the prize is won. On or around November 27th, 2023, Sponsor or Administrator will notify the potential Contest winners via e-mail and/or telephone using the information disclosed at the time of entry. Each potential Contest winner may be required to sign and execute a publicity release within five (5) days of prize notification. If a potential winner fails or refuses to sign and return any required documentation, including a publicity release within five (5) days of prize notification, the potential winner may be disqualified and an alternate winner may be selected. Sponsor reserves the right to disqualify any potential Contest Prize winner or Contest Prize winner if Sponsor determines in its sole and absolute discretion that awarding a Contest Prize to any such individual might reflect negatively on the Sponsor. Upon verification of eligibility and compliance with these Official Rules, the Contest Prize winners will be contacted by Sponsor or Administrator to arrange fulfillment. If a potential winner or winner is disqualified, found to be ineligible or not in compliance with these Official Rules, the respective prize may be forfeited, and in the Sponsor’s sole and absolute discretion, the forfeited prize may be awarded to an alternate winner or not re-awarded, as determined by Sponsor in its sole and absolute discretion. If any prize is unclaimed, unredeemed or any portion thereof returned as undeliverable, it will be forfeited. Prizes are not transferable and includes only the items specifically listed as part of each prize. Any portion of a prize not accepted by winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the prize won. The Approximate Retail Value is as of the time these Official Rules were printed and the value of each prize may fluctuate. Each winner is not entitled to any difference between the Approximate Retail Value and the actual value of the prize at the time the prize is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The prizes will only be awarded and fulfilled to verified winners. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, such prize will not be re-awarded. Administrator will attempt to notify each potential winner as set forth above, but Released Parties are not responsible for any undelivered e-mails, or other messages that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail, including any winner notification e-mail, to a spam or junk folder. EACH CONTEST WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE CONTEST PRIZE AND MAY BE REQUIERED TO SUBMIT THEIR SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
7. LIMITATION OF LIABILITY: By participating in this Promotion, entrants agree that Sponsor, Administrator, and each of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, delayed, garbled, postage due or undeliverable tweets posts, messages, e-mails or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting a prize including any item redeemed or used therewith and/or any travel related thereto; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Released Parties are not responsible for any unanswered or undeliverable winner notifications. By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof (including any travel or activity related thereto)); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of the winners in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prize will be awarded according to Section 4 above. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUTNOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN ORANGE COUNTY, FLORIDA. 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 JAMS IN ACCORDANCE WITH ITS 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 CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, FLORIDA. 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 OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
9. PRIVACY: By participating in the Promotion and/or submitting their entry, each entrant acknowledges that personal information submitted is subject to Sponsor’s privacy policy and if applicable, Sponsor’s California privacy notice. Sponsor’s privacy policy is available at https://www.ripleyentertainment.com/privacy-policy.
10. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow the Sponsor and/or the Sponsor’s designee the perpetual right to use their name, user name(s), address (city and state), biographical information, photos (including, without limitation, profile photo(s)), picture, portrait, likeness, voice, and/or statements regarding the Promotion and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant, potential winner or winner found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion and void all associated entries; or to be ineligible or otherwise non-compliant with these Official Rules. Any attempted form of participation in this Promotion other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants, potential winners and/or winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. In the event of a dispute as to the identity of a winner, the winning entry will be determined by the authorized account holder of the e-mail address used to enter. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
12. WINNERS LIST: To obtain a list of the names of the winners, mail a self-addressed, stamped business-sized envelope to: Ripley’s Aquarium of the Smokies, 88 River Rd. Gatlinburg, TN 37738. Winners List requests must be received by December 11, 2024.