ODYSSEY’S SHIPWRECK! PIRATES & TREASURE
TREASURE HUNT OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL PARTICIPANTS PARTICIPATE AT THEIR OWN RISK AND LIABILITY.
PARTICIPANTS MUST BE PRESENT TO WIN.
1. PROGRAM DESCRIPTION: Odyssey’s Shipwreck! Pirates & Treasure Treasure Hunt (“Promotion” or “Treasure Hunt”), sponsored by TSX Operating Company, LLC (“Sponsor”) offers a free Treasure Hunt activity in New York, NY, open to registered participants on May 20 through May 22, 2013. Registration is required for participation in the treasure hunt, as described in Section 4. Clues to help participants find the location of the hidden treasure (“Treasure Chest”) will be provided online and at selected locations within the New York City area. The first eligible participant who successfully finds the physical location of the Treasure Chest on May 22, 2013 and claims it via the procedure detailed in Section 6 will win the Grand Prize as described in Section 7. Eligible participants must be present at the location of the Treasure Chest on May 22, 2013 for a chance to claim the prize, as described in Section 6.
2. ELIGIBILITY: The Promotion is open to legal U.S. residents (excluding residents of Florida) who are 18 years of age or older at the date of entry (except residents of Alabama and Nebraska, who must be 19 years of age or older). Sponsor’s determinations of eligibility are final and may be made at any time. Employees, officers and directors of TSX Operating Company, LLC (“Sponsor”), DKC Public Relations, Odyssey Marine Exploration, Inc., their parent companies, subsidiaries, affiliates, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors (collectively, "Contest Entities") are not eligible. All applicable federal, state, and local rules apply. Void in Florida and where prohibited or restricted by law.
3. PROMOTION AGREEMENT: BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE/SHE: [A] HEREBY ACCEPTS ALL INHERENT RISKS AND DANGERS ASSOCIATED WITH THE PROMOTION; [B] AGREES TO ABIDE BY ANY SAFETY PRECAUTIONS RELAYED BY SPONSOR OR EVENT STAFF IN CONNECTION WITH THE PROMOTION; AND [C] AGREES THAT ANY RIGHT TO PARTICIPATE IN THE PROMOTION IS AT THE SOLE DISCRETION OF SPONSOR OR EVENT STAFF AND CAN BE WITHDRAWN AT ANY TIME.
4. TO REGISTER TO PARTICIPATE: The registration period begins at 10:00 AM Eastern Time (“ET”) on May 16, 2013 and ends at 10:00 AM ET on May 22, 2013 (the “Registration Period”). Registration is required for participation in the Treasure Hunt. To register, visit http://www.discoverytsx.com/shipwreck!-treasure-hunt during the Registration Period and follow the site instructions to: [a] provide the required registration information; and [b] carefully read the Participant Release and follow instructions to sign it electronically. Your registration must be completed no later than 10:00:00 AM ET on May 22, 2013. Limit one (1) registration per person. Registrations will be void if they are late, incomplete and/or in excess of the stated limits. Requested information may include, among other things, participant’s name, age, address, phone number, e-mail address (optional) and related registration information. Registration information becomes the property of Sponsor and will not be returned. Note that the Participant Release requires participants to give up certain legal rights and/or possible claims which they might otherwise assert or maintain against the Sponsor and other parties, including but not limited to rights and/or claims arising from the negligent acts or omissions of the Sponsor and other parties, as further detailed in the Participant Release.
PLEASE NOTE: ONLY REGISTERED PARTICIPANTS WILL BE ELIGIBLE TO CLAIM AND WIN THE TREASURE HUNT PRIZE. IF YOU ARE THE FIRST PERSON TO LOCATE THE TREASURE CHEST BUT ARE NOT A REGISTERED PARTICIPANT, YOU WILL FORFEIT THE PRIZE AND IT WILL BE AWARDED TO THE REGISTERED PARTICIPANT WHO FIRST LOCATES THE TREASURE CHEST.
5. TO PARTICIPATE IN THE TREASURE HUNT: On the mornings of May 20, 21 and 22, 2013, clues as to the location of the Treasure Chest will be emailed to registered participants. Clues will also be distributed in public areas in New York City by DKC Public Relations employees dressed as pirates. Clues will be distributed from 6 PM to 10 PM ET on May 19, 20 and 21, 2013. Participants will decipher the clues to determine public locations within the New York City area where the Treasure Chest might be hidden.
6. GRAND PRIZE WINNER DETERMINATION: Persons selected by the Sponsor and DKC Public Relations, in their sole discretion, will place the Treasure Chest in the winning location prior to 11:00 AM ET on May 22, 2013. A pad of sequential numbers will be placed on the Treasure Chest and distributed by event personnel to each participant as he/she arrives at the location of the Treasure Chest. The eligible participant who has the lowest number will be named the Grand Prize winner, pending verification of eligibility. You must be present at the time of winner verification and you must be a registered participant or you will forfeit any chance of winning. Proof of identify, age and/or legal residence may be required to claim a prize. See Section 8 below for additional prize claim requirements.
7. GRAND PRIZE: One (1) Grand Prize will be awarded, consisting of the contents of the Treasure Chest which have an approximate retail value of $10,000. The Treasure Chest will contain gold and silver coins, three authentic artifacts from the SS Republic, three books, and a copy of National Geographic’s “Civil War Gold” DVD. The winner may choose to receive a $2,500 cash award (made payable in the form a check) in lieu of the contents of the Treasure Chest. Written notice of the election to receive cash must be given no later than May 31, 2013. Contest Entities make no warranties, representations or guarantees, expressed or implied, respecting the performance or use of the items in the Treasure Chest, and expressly disclaim the warranties of quality, merchantability and fitness for a particular purpose to the extent permitted by law.
Additional prizes: each registered participant who is present at the location of the Treasure Chest at 11:00 AM ET on May 22, 2013, will receive two (2) tickets to the Odyssey’s Shipwreck! Pirates & Treasure Exhibit at Discovery Times Square. Approximate retail value $39.
8. ADDITIONAL PRIZE RESTRICTIONS: Any prize details and restrictions not specified above will be determined by Sponsor in its sole discretion. Any costs and expenses not specifically described herein as part of a prize are the sole responsibility of the winner. Prizes are non-transferable. No prize substitutions allowed, except as described herein or in the sole discretion of Sponsor in which case a prize of comparable or greater value will be awarded. All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the winner. Winner will be required to return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Potential winner will be required to complete and have notarized an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified by Sponsor or its designee. Any potential winner may be disqualified at Sponsor’s sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules, or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, assuming there is sufficient time available for winner notification and verification, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining eligible entries, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect postal address, email address or phone number associated with an entry, or any change of address, email or phone number of participant after entry submission.
9. CODE OF CONDUCT: Each participant and any companion(s) will be held to the code of conduct described herein at all times while participating in the Promotion or related prize event. Failure to adhere to the code of conduct, in Sponsor's sole discretion, may result in immediate disqualification (including loss of winner status and forfeiture of prizes), and expulsion from the applicable event.
(a) Sportsmanship: While participating in the Promotion or related prize event, each participant and any companion(s): (i) must conduct themselves in a reasonable and sportsmanlike manner, maintaining a friendly and polite demeanor; (ii) must refrain from the use of vulgar language or gestures, as well as overtly sexual or abusive behavior, including harassment and threats; and (iii) must not engage in physical abuse, fighting or any threatening action or threatening language.
(b) Each participant must not be in violation of any Federal, state, or local law during any participation in the Promotion or related prize event.
10. GENERAL: Promotion Entities are not responsible for late, lost, stolen, misdirected, delayed, illegible, inaccurate, incorrect entry information or prize claims, or for other failures, problems, malfunctions or errors whether caused by equipment, human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the distribution of clues, the announcement of the prize or winner(s), or for printing, typographical, human, or other errors in connection with this Promotion or other such errors appearing in these Official Rules or other Promotion-related materials. Although Sponsor attempts to ensure the integrity of the Promotion, Promotion Entities are not responsible for the actions of participants or other individuals in connection with the Promotion, including participants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Promotion Entities are not responsible for injury or damage to participant's or to any other person's computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Promotion or downloading materials from or using any website. In the event of any conflict between any Promotion details contained in these Official Rules and Promotion details contained in any Promotion advertising materials, the details of the Promotion as set forth in these Official Rules shall prevail. If, for any reason, the Promotion is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Promotion, and to select the winner from among all eligible non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. You are not a winner until your entry has been verified and you have complied with these Official Rules. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules, at any prize level.
11. RIGHTS OF PUBLICITY: By participating in this Promotion, unless prohibited by law, each potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by participating in this Promotion, unless prohibited by law, each potential prize recipient agrees to grant to Sponsor and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize recipient’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further, without such additional compensation, appear for or provide biographical information for use in any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion.
13. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD ALL PROMOTION ENTITIES AND EACH OF THEIR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION, ATTENDANCE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF THE PROMOTION OR ANY PRIZE. THIS RELEASE INCLUDES RELEASE OF ALL LIABILITY INCLUDING LIABILTY FOR NEGLIGENCE AND/OR WILLFUL MISCONDUCT.
14. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE PROVIDED IN CONNECTION WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH ANY WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. GOVERNING LAW: Except where prohibited, each participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
(b) Severability: Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winner: To receive the name, city and state of the winner, mail a self-addressed, stamped envelope to: Shipwreck! Treasure Hunt Winner, PO Box 750, Southbury, CT 06488-0750. Requests must be received by May 31, 2013.
Sponsor: TSX Operating Company, LLC, 70 West 40th Street, 9th Floor, New York, NY 10018.
©2012 TSX Operating Company, LLC. All rights reserved.