Hornblower Whale Watching Photo and Video Contest Rules
Post your best Whale Watching Photos or Video from a Hornblower Whale Watching Cruise to the San Diego Hornblower Facebook Page (comment on our contest post or send a direct message) and you'll be automatically entered to win a pair of Admiral's Passes good for our San Diego Dinner or Brunch Cruises! Be sure your video post is set to "public" so we can find it! Photos can be from the current season or past seasons of Whale Watching.
The following terms and conditions (the “Official Sweepstakes Rules”) shall apply to the Hornblower Whale Watching Photo and Video Sweepstakes (the “Sweepstakes”).
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The Hornblower Whale Watching Photo and Video Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, officers and directors (and their parents, siblings, spouses and children) of (a) Hornblower Yachts, LLC; (b) its advertising and promotional agencies; and (c) its respective parents, subsidiaries or affiliates, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to federal, state, and local laws and regulations.
The Contest is sponsored by Hornblower Yachts, LLC doing business as Hornblower Cruises and Events, located at Pier 3, The Embarcadero, San Francisco, California 94111.
3. Sweepstakes Period
The Sweepstakes begins on January 22, 2019 at 10 AM PST and ends on April 21, 2019 at 8 PM PST (the “Sweepstakes Period”). Any entries received prior to the Sweepstakes Period, or thereafter, shall be null and void, and ineligible for the Sweepstakes. Sponsor is not responsible for late, incomplete, or misdirected entries, nor is it obligated to publicly announce the Sweepstakes results.
4. How to Enter
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE OR IMPACT YOUR CHANCES OF WINNING.
In order to be entered into the Sweepstakes, an eligible entrant (“Entrant”) must, during the Sweepstakes Period, submit photos or video to Hornblower San Diego's Facebook page via direct message or by commenting on the contest post.
All entries become the property of Sponsor.
By entering in a manner described above, Entrant consents (a) to being contacted by Sponsor and its respective affiliates; and (b) to be bound by, and comply with, all of the terms and conditions set forth in these Official Sweepstakes Rules.
5. Selection of the Winners and Notification
Subject to the terms and conditions set forth herein, there will be two (2) Grand Prize winners (each, a “Winner”, and together, the “Winners”) randomly selected from among all qualifying Entrants. The Winners will be randomly selected on or about April 22, 2019.
Winners will be notified via Facebook on or about April 22nd, 2019. If a Winner: (a) is unreachable; (b) does not make direct contact with Sponsor by the time specified in the notification message; or (c) fails to accept the Grand Prize, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such Winner and to select a replacement Winner from the remaining qualifying Entrants. Replacement Winners shall be randomly selected from among the remaining qualifying Entrants within forty-eight (48) hours of determining a Winner was disqualified. Sponsor shall not be responsible for failed attempts to notify a Winner and no responsibility is assumed by Sponsor for any correspondence returned as undeliverable or any other problems associated with attempt(s) to notify a Winner. Odds of winning depend upon the number of eligible entries received.
6. Winner Verification
Upon the request of Sponsor, each Winner must sign and return the following documents: (a) an affidavit of eligibility; (b) a liability/publicity release in form and substance satisfactory to Sponsor; and (c) any other releases and waivers requested by Sponsor, releasing Sponsor from any and all liability, loss, claims, demands and causes of action for or related to personal injury, damage, theft, loss, or any other harm suffered in connection with the Sweepstakes or the Grand Prize. If any of the foregoing documents are not completed, signed, and returned prior to deadline noted therein, or if a Winner is deemed by Sponsor to be ineligible or not to have complied with these Official Sweepstakes Rules, then such Winner will be disqualified and an alternate Winner will be selected from the remaining eligible entries, time permitting.
Individuals who, during the Sweepstakes Period, submit qualified entries will be entered into a pool of Entrants and provided with an opportunity to win one (1) of two (2) prizes that consists of: two (2) Admirals Passes for a Brunch or Dinner Cruise in San Diego to be used on or before November 30, 2019 (“Grand Prize”).
8. Prize Conditions, Terms and Restrictions
Only the Grand Prize described in these Official Sweepstakes Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that, in the event of Grand Prize unavailability, Sponsor reserves the right to substitute the Grand Prize with another prize of equal or greater value, in Sponsor’s sole discretion. The Grand Prize cannot be transferred, assigned, or redeemed for cash. Unless otherwise set forth herein, the Winners shall be solely responsible for any and all costs not specifically described as part of the Grand Prize including any and all of his/her travel expenses and accommodations.
Except where prohibited by law, Grand Prize acceptance constitutes a release granting Sponsor the right to use each Winner’s names, likenesses, statements (if true), biographical information, voices, and cities and states of residence for advertising, marketing and publicity purposes on a worldwide basis (without review by the Winner) and in all forms of media, without compensation, remuneration, or other authorization. Sponsor expressly disclaims any responsibility or liability in connection with injury or loss to any person or property relating to redemption of the Grand Prize. Sponsor makes no representations or warranties in connection with the Grand Prize. Restrictions, conditions and limitations apply.
9. Sweepstakes Conditions
The Sweepstakes is governed by and subject to all applicable federal, state, and local laws. By participating, Entrants waive any right to claim ambiguity in the Sweepstakes or in these Official Sweepstakes Rules. Any violation of these Official Sweepstakes Rules may result in disqualification and any violation of these Official Sweepstakes Rules by any Winner will result in such Winner’s disqualification as a Winner and all privileges as a Winner shall be immediately terminated. ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS HORNBLOWER YACHTS, LLC, AND EACH OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE GRAND PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY OR PARTICIPATION IN THE SWEEPSTAKES.
10. Limitations of Liability
Sponsor shall not be held responsible for late, misdirected, incomplete, or undeliverable entries. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Grand Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair play, or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives or employees. If, for any reason, the Sweepstakes is not capable of running as planned including, but not limited to, by reason of tampering, unauthorized intervention, labor dispute, fraud, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and select the Winners based on entries received prior to the action taken.
11. Claims; Choice of Law
(a) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (b) under no circumstances will Entrant be permitted to seek the award of, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages, other than actual out-of-pocket expenses, and hereby waives all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of Entrants and/or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of California. All Entrants agree to submit to the exclusive jurisdiction of the courts of the State of California and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Sweepstakes or Official Sweepstakes Rules.
12. Posting Terms and License to Use Entrant Personal Information
In order to promote, market and publicize the Sweepstakes, Sponsor and its respective affiliates may require a license to use any and all information, materials and content submitted in the Sweepstakes including, but not limited to, each Entrant’s name (and likeness), biographical information, and any other personal information submitted. Accordingly, by submitting an entry, each Entrant expressly grants to Sponsor a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, however Sponsor may deem fit in its sole and absolute discretion, whether in connection with the Sweepstakes or otherwise, all content submitted in connection with an entry. This Sweepstakes is in no way sponsored, administered, or affiliated with Facebook, Instagram, Youtube, Twitter, or any other platform.
This contest is in no way sponsored, administered, or affiliated with Facebook or any other platform.