NO DONATION IS NECESSARY TO ENTER OR WIN. MAKING A DONATION WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. CONTEST NAME: BINOCULARS GIVEAWAY (“CONTEST”). VOID WHERE PROHIBITED BY LAW.
SPONSORS and ADMINISTRATOR: The Sponsor of the Contest is the Cornell Lab of Ornithology. (“Sponsors”). The administrator of the Contest is Cornell Lab of Ornithology (“Administrator”). Sponsors and Administrator are collectively referred to herein as “Contest Entities.” Administrator will conduct the Contest substantially as described in these Official Rules. By participating in the Contest each entrant agrees as follows:
ENTRY PERIOD: The Submission Period begins May 2, 2023. The submission period runs until 11:59pm EST on May 3, 2023. Winner will be chosen by a random drawing. Winner will be decided by May 19, 2023 following the close of the entry period.
METHOD OF ENTRY: Enter via Internet by going to https://dl.allaboutbirds.org/2023-bigday-giveaway-a. Only 1 entry per person, per valid email address can be entered into the Contest. No third party entry or entry through contest service permitted. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Administrator, will be disqualified.
ELIGIBILITY: The Contest is open only to natural persons who are at least eighteen (18) years of age or older at the time of entry, and who shared an e-mail address with the Contest Entities prior to the Submission Period. Participants who are not 18 years of age must have the consent of a parent or guardian to participate in the contest. This contest is open to residents of Canada and the 50 United States and its territories.
Contest Entities and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate.
In the event of a dispute about the identity of an entrant, each entry will be declared made by the registered account holder of the e-mail address submitted at time of entry. The registered account holder is deemed to be the natural person who is assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any winning entry, the winner may be required to provide administrator with proof that the person is the registered account holder of the e-mail address associated with the winning entry. By entering the Contest, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Contest.
Prize:
One (1) ZEISS Terra ED 8x42 binoculars (Retail value is $449.99).
Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses, are the sole responsibility of winner. Prizes may not be transferred or assigned except to a surviving spouse living in the same household. Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Administrator reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Contest 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 the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize.
Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner may be required to complete applicable tax documents before prize can be delivered. Each winner is solely responsible for reporting and paying any and all applicable taxes. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.
SELECTION OF WINNER: The winners will be determined by a random drawing from all eligible entries to be held at the Cornell Lab on or about May 19, 2023 after the close of the contest period on May 3, 2023, from among all eligible entries received.
Potential winner will be notified by e-mail and must meet all eligibility requirements. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner by e-mail within seventy-two (72) hours of selection, may result in disqualification of such potential winner, and an alternate winner may be selected at Administrator’s discretion. In the event a winner declines a prize, Administrator may, at its discretion, select an alternate winner. In such case, Administrator will select another winner as determined by the Contest Entities.
PUBLICITY, PRIVACY & PRIZE NOTIFICATION: Except where prohibited by law or regulation, by submitting an entry, entrant grants the Administrator a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, and likeness in connection with the promotion of this and other Contest, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Administrator’s use thereof, unless prohibited by law. Entry into this Contest may require entrant to enter its email address and certain other personal information. Entrants are informed that the personal data collection in connection with this Contest will be collected by Administrator’s servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws. You may withdraw your personal data upon request; however, you will be disqualified as an entrant in this Contest if you withdraw your personal data prior to the determination of the winner(s) and fulfillment of the prize(s).
Winners may be required to complete, sign, notarize and return an affidavit of eligibility/liability release, which must be returned, properly executed, within seven (7) days of issuance of prize notification. If these documents are not returned properly executed, or are returned to Administrator as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the prize will be forfeited and awarded to an alternate winner.
GENERAL CONDITIONS/RELEASE: The Contest is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually received during the specified Contest Submission Period, will be included in the Giveaway Drawing. Any automated receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. By participating, entrants (a) release Contest Entities, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Contest, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability. Neither Contest Entities nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant’s or any other person’s computer or television related to or resulting from participation in this Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Contest Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of and/or Contest Entities, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Contest Entities reserve the right at their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Contest. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as Contest Entities determine in their sole discretion. Entries not complying with all rules are subject to disqualification.
Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this contest or any prize awarded shall be resolved individually, without resort to form of class action, and exclusively in the federal or state circuit court; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into this contest, but in no event including attorneys’ fees, and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these contest rules, or the rights and obligations of the entrant and Contest Entities in connection with the contest shall be governed by and construed in accordance with the laws of the State of New York.
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Contest Entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Contest Entity or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.