#SignificantOtterGiveaway Full Rules

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Wednesday, August 12, 2015 – Wednesday, August 26, 2015

  1. Description, Giveaway Entry Period and Sponsor: The KQED Big Blue Live Social Media Giveaway (“the Giveaway") begins at 5.00 pm Pacific Time ("PT") on Wednesday, August 12, 2015, ending at 11.59 pm PT on Wednesday, August 26, 2015 ("Giveaway Period").  The sponsor of the Giveaway is KQED, Inc. (KQED), located at 2601 Mariposa St, San Francisco, California, 94110. The Giveaway is void wherever prohibited or restricted by law.  The Giveaway is subject to all applicable federal, state, and local laws and regulations. By entering, you agree to be bound by these Official Rules and the decisions of KQED, which are final and binding in all respects.
  2. Eligibility:The Giveaway is open only to natural persons who are legal residents of California, who have Internet access, and who are 18 years of age or above (“Entrants”). Employees, producers and directors of KQED, their respective affiliated and subsidiary organizations, advertising and promotional agencies and the immediate family members (spouse, mother, father, sister, brother, ward, daughter or son) or members of the households of such employees or directors or family members (whether or not related) are not eligible to enter or win a prize.  Limit one Entry per person and per Facebook, Twitter account or Instagram account.  Entrants may not create multiple Facebook, Twitter or Instagram accounts to enter the Giveaway more than once, and anyone found using multiple accounts to enter will be ineligible to win. Twitter and Instagram accounts used to enter must be publicly-available and not protected or private accounts.
  3. How to Enter:To enter the Giveaway Entrants must repost the Giveaway photo provided here accompanied by their own caption. The Entrant must then submit their entry either:
  • via Facebook: by posting the photo and caption to KQED’s Facebook Page at http://www.facebook.com/kqed with the hashtag #SignificantOtterGiveaway
  • via Twitter: by tweeting the Giveaway photo and caption to KQED’s Twitter account(@KQED.) This tweet must include the hashtag #SignificantOtterGiveaway; or,
  • via Instagram: by posting the Giveaway photo and caption and the hashtag #SignificantOtterGiveaway

Each Facebook post, tweet or Instagram post meeting these requirements will be recognized as an entry into the Giveaway (“Entry”). KQED will choose the winning Entrant at random.

  1. Drawing:  At the end of the Giveaway Period representatives of KQED will choose the winning Entrant in a randomized drawing. The determination of KQED shall be final and binding.
  2.  Submission Requirements: Entries (each a  “Submission”) must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If an Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant must have obtained, prior to submitting it, any and all releases and consents necessary to permit the use and exhibition of the photo including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. KQED may request proof of these permissions from you at any time.  Failure to provide such proof may, if requested, render Entry null and void.  Entries must be free of profanity, references to sex, violence, drugs, alcohol, and/or inappropriate language. Entries must be in good taste and suitable for viewing by persons of all ages.  Entries cannot contain any offensive, obscene, inappropriate or sexually suggestive material, propaganda, potentially misleading information, or defamatory or disparaging material about KQED or its programs or activities, other people or companies, or endorse any form of hate or hate group or terrorist activity, or discriminate on the basis of race, religion, creed, national origin, disability, handicap, age, gender, sexual orientation, marital status, veteran status, or any other basis prohibited by law.  Entries cannot directly promote or speak negatively about any particular faith, political action, legislation or party, or promote or encourage the violation of any law, as determined by KQED at its sole discretion. Entries must not contain anything else that is not in keeping with the image of KQED or that is not in compliance with these Official Rules. Please note that KQED has the right, but not the obligation, to review and monitor entries.
  3. License: By entering the Giveaway, each Entrant grants an irrevocable, perpetual, worldwide , gratis, exclusive license to KQED and its related companies to reproduce, adapt, distribute, and display the Submission (including any design components) as follows: 1) in connection with the Giveaway and promotion of the Giveaway, including, but not limited to the KQED web site and the KQED Facebook pages, and 2) in any KQED-related promotional materials, thank-you gifts, and other including items, but not limited to tote bags, t-shirts and coffee mugs, including items that are available for sale. KQED is not obligated to use any Submission.

KQED will not be required to pay any additional consideration or seek any additional approval in connection with such use. KQED or its related organizations may use Winner's name and likeness for advertising, fundraising, promotional or publicity purposes without further compensation.

  1. Agreements: By submitting an Entry to KQED, you hereby:
  • agree to be bound by these Official Rules including all eligibility requirements;
  • agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between Entrants and KQED in connection with this Giveaway;
  • waive any privacy expectations that you may have with respect to any such Entry submitted by you to KQED;
  • agree to hold KQED and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any KQED site, or any other use authorized under these Official Rules, of any Entry submitted to KQED by you;
  • acknowledge that you are at least 18 years of age;
  • agree not to knowingly damage or cause interruption of the Giveaway and/or prevent others from utilizing the Giveaway.

The Entrant acknowledges that by entering the Giveaway, the Entrant agrees a) that no form of cheating will be tolerated, and b) that the Entrant and the Submission meet all Official Rules. Any person found cheating or otherwise violating the Official Rules, as determined in the sole discretion of KQED, will be immediately disqualified from the Giveaway. By participating in the Giveaway, an Entrant agrees to be bound by these Official Rules, and by all decisions of KQED as the Giveaway sponsor.

  1. General Liability Release: KQED assumes no responsibility for illegible, lost, delayed, misdirected or incomplete entries, system errors and failures, faulty transmissions, or other telecommunications malfunctions. KQED reserves the right, in its sole discretion, to cancel or suspend part or all of this Giveaway if, in KQED’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Giveaway, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Giveaway. In such circumstances, the Giveaway may be cancelled by KQED. In such event, KQED may void any Entries that cause such a disruption and award prizes from among all eligible Entries received up to the date of cancellation. KQED reserves the right to cancel the Giveaway for any reason it deems appropriate. KQED reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
  2. Anticipated Number of Contestants:  KQED cannot accurately predict the number of Entrants who will participate in the Giveaway.
  3. Prize:The winning Entry will be awarded a prize of a night's stay for two people at the Portola Hotel & Spa at 2 Portola Plaza, Monterey, CA 93940 a free personalized behind-the-scenes tour of and two General Admission tickets to the Monterey Bay Aquarium, 886 Cannery Row, Monterey, CA 93940. Total approximate retail value of the prize is $350. Transport to or from the event will not be provided or included in the prize. Prize must be redeemed after September 7, 2015.
  4. Prize Conditions: Any and all taxes and other costs, fees and expenses (including any additional travel-related costs) not specifically stated within these Official Rules as being awarded are the sole responsibility of the prize recipient. Prizes may not be transferred, substituted or redeemed for cash, except at KQED’s sole discretion. Specifics of the prize are in KQED’s sole discretion. The prize is subject to availability and KQED reserves the right, in its sole discretion, to award a prize of equal or greater value if the advertised prize or a portion of the prize is unavailable.  KQED shall not be responsible for any travel arrangements or liable for any damages or other harm suffered during travel.
  5. Prize Notification:The Winner of the Giveaway will be notified via their method of submission (either by Facebook Message, Twitter Direct Message or Instagram Direct Message) on Friday, August 28, 2015.  The Winner will then be asked via email for their full legal name and mailing address in order to receive their prize tickets. Tickets are not transferable. All reasonable efforts will be made to contact the Winner – however, if the winning entrant does not respond to KQED within 48 hours, the prize will be awarded to the second-favorite Entrant. In addition, the Winner may be announced in multiple places including but not limited to on www.KQED.org, Facebook, Instagram, and other social media sites.
  6. Publicity Release:  Except where otherwise prohibited, entry into the Giveaway and acceptance of the Prize constitutes permission for KQED and its promotional agents to use the Winner’s name, likeness, and prize information in any and all media for any purpose including for commercial, advertising and promotional purposes without additional notice, compensation or consent.
  7. RELEASE AND INDEMNITY:By participating in this Giveaway, Entrant agrees to release, discharge and hold harmless KQED and its related organizations, their agents and employees from and against all claims, liability for any injury, including but not limited to personal injury, bodily injury (including without limitation wrongful death or disability), property damage, or loss or damage of any kind arising in whole or in part, directly or indirectly, from delivery, non-delivery, acceptance, participation or use of a prize or from participation in this Giveaway, or any Giveaway-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of KQED, its affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents and any and all Internet servers and access providers from any and all liability with respect to the prize won and participation in the Giveaway. KQED reserves the right, in its sole discretion, to terminate, suspend or otherwise cancel the Giveaway at any time. Income and all other taxes are the responsibility of the prize recipient. KQED is not responsible for any expenses incurred in connection with participation in the Giveaway.

The Giveaway is not administered, sponsored, endorsed by or associated with Facebook, Twitter or Instagram

  1. Governing Law: This Giveaway and these Official Rules are governed, construed and interpreted under the laws of the State of California and any or all claims pursuant to these shall be brought in the courts of the State of California. Any provision of these rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these rules will remain in effect.
  2. Winner: KQED will post the Winner’s name on Facebook.com, Twitter.com and Instagram.com.  To obtain the name of the Winner, send a self-addressed, stamped envelope to Big Blue Live Giveaway, Communications Dept, KQED, 2601 Mariposa St, San Francisco, 94110 for receipt.  All such requests must be received by December 1, 2015.