Birch Aquarium Sweepstakes
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Entrants are providing information to “Sponsor” (as defined below) and not to Instagram.
The following promotion is intended for participants in San Diego, California only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal U.S. resident residing in San Diego, California. Further eligibility restrictions are contained in the official rules below.
Submissions may be posted on Westfield’s website and digital systems. If you do not want your Submission made public, DO NOT ENTER THIS SWEEPSTAKES.
1. DESCRIPTION: The Birch Aquarium ("Sweepstakes") begins on Friday, March 5, 2021 at 11am PST and ends on Friday, March 12, 2021 at 5pm PST ("Sweepstakes Period"). The Sponsor of this Sweepstakes is Westfield Property Management LLC, 2049 Century Park East, 41st Floor, Los Angeles, CA 90067 ("Sponsor"). The administrator of this Sweepstakes is Westfield UTC, 4545 La Jolla Village Drive, San Diego CA 92122("Administrator"). Void where restricted or prohibited by law.
2. ENTRANT ELIGIBILITY: In order for an Entrant (“Entrant”) to be eligible to participate in the Sweepstakes and to be considered as a potential winner, the Entrant must meet the following eligibility criteria:
- • Entrant must be a legal United States resident who physically resides in San Diego, California
- • Entrant must be at least eighteen (18) years of age at the time of entry;
- • Entrant must have a non-private Instagram account and be able to receive direct messages; such social media account can be obtained for free at Instagram or in the applicable app store;
- • Entrant must be the Authorized Account Holder the Instagram account associated the “Submission”. In the event of a dispute, the Entrant or potential winner will be deemed the Authorized Account Holder of the Instagram account. “Authorized Account Holder” is defined as the natural person in whose name the social media account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible; AND
- • Entrant must NOT be an employee of Sponsor, Administrator or their marketing or promotion agencies, those involved in the production, development, implementation or handling of this Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers and fulfillment companies, any other person or entity associated with this Sweepstakes (collectively, the "Sweepstakes Entities") nor can Entrant be an Immediate Family Member and/or Household Member of such persons. For purposes of the Sweepstakes "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, stepsiblings or spouses regardless of where they live.
3. HOW TO ENTER & SUBMISSON REQUIREMENTS: To enter the Sweepstakes, Entrant must be a registered user of Instagram, be a follower of the @WestfieldUTC Instagram account and have the ability to accept direct messages from the Sponsor. How to enter: (1) Follow @WestfieldUTC and @BirchAquarium on Instagram. (2) Tag at least one friend in the comments of the sweepstakes post on Westfield UTC’s account (3) Share & Tag @WestfieldUTC in your story for additional entries.
All entries must be received by 3/12/2021 at 5pm PST. Limit one (1) unique and original entry per person for the Sweepstakes Period. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple identities, registrations, logins, and/or any other methods will void such Entrant's entry and that Entrant may be disqualified from the Sweepstakes.
Submission into the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor’s decisions are final in all matter relating to this Sweepstakes. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Each Submission that is entered into the Sweepstakes must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute direction, violates the following criteria will be disqualified):
- a) Submission must be submitted via Instagram, as described above;
- b) Entrant must have a non-private Instagram account;
- c) The Submission must be original to Entrant and Entrant must be the rightful owner of the Submission or must have the rights, title, and interest necessary to utilize the Submission for the Promotion in compliance with these Official Rules;
- e) Submission cannot contain content that infringes trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as personal names, e-mail addresses or street addresses;
- f) Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Promotion Entities;
- g) Submission must NOT include any copyrighted media production, or references to films, music, books, television programming, etc., or contain any identifying descriptions of any media property;
- h) Submission must NOT include the names and/or likenesses of individuals other than the Entrant without the individual’s written consent.
Sponsor reserves the right, in its sole discretion, to disqualify any Submission that is ineligible, incomplete, non-compliant or otherwise objectionable. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities and their successors and assigns 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, covenants or obligations of entrant hereunder. IMPORTANT NOTE: Without in any way limiting the effect of the rest of these Official Rules, any entrant who incorporates any intellectual property owned by a third party into his or her entry without permission does so at his or her own risk.
4. WINNER SELECTION & NOTIFICATION: On or about Monday March 15, 2021, the Administrator will conduct a random drawing from all eligible entries received during the Sweepstakes Period to select one (2) potential winners. Potential winner will be notified in the form of a direct message from the Sponsor on Instagram. Potential Winner will be required to respond (as directed) to the notification attempt and provide an email address and/or phone number as directed within seventy-two (72) hours of first attempted notification. Failure to respond within the stated time period may result in forfeiture of the prize. Potential Winner will be required to verify address and return within three (3) days an affidavit of eligibility and liability/publicity release (collectively, “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Administrator may select and attempt to contact up to three (3) alternate winners from the remaining eligible entries received. A prize will not be awarded until all such properly executed forms are returned. Administrator and/or Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules; and, upon disqualification, prize will be forfeited without compensation of any kind.
5. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
6. PRIZE: Two (2) Grand Prize’s are available. Each Grand Prize consists of: (1) Family 4-Pack of tickets to the Scripps Birch Aquarium (Valued at $66),(2) LEGO mini sets (valued at $20) and (1) $150 Westfield Gift Card for a total value of $238.
Gift card may be subject to separate terms and conditions imposed by issuer. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. No cash alternatives or prize substitution is allowed except at the discretion of the Sponsor. If the prize cannot be awarded due to circumstances beyond the control of the Sponsors, a substitute prize of equal or greater retail value may be awarded. No refunds, credits or exchanges are allowed. The prize is awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Neither sponsor nor Administrator will replace any lost or stolen gift card. Other restrictions may apply. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
7. PUBLICITY RIGHTS & RIGHTS RELEASE: By entering the Sweepstakes, each Entrant hereby grants to the Sponsor and its designees the non-exclusive, irrevocable, fully paid, universal license to use, copy, edit, sublicense, make derivative works, transmit, distribute, publicly perform, publish, delete or display each Entrant’s Submission, and to use each Entrant’s Instagram handle, or image, photo, video, text, name, likeness, biographical data, city, state of residence and quotations (the “Materials”) in advertising, marketing, programming or promotional materials, worldwide in perpetuity in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol and, in the case of the confirmed winner, on a winners’ list, if applicable, without further compensation unless prohibited by law. Each Entrant understands that his or her name and Materials may be posted on the Sponsor’s website, social media profiles and in digital media. Entrants agree that the Sponsor and its designees have no obligation to post any Material. Entrants agree to release the Sweepstakes Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith.
8. CONDITIONS OF PARTICIPATION: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respect.
9. DISCLAIMER OF WARRANTIES; RELEASE; LIMITATION OF LIABILITY: By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities and each of their respective advertising agencies, successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, losses or damages arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of a prize, including any travel related thereto. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession, use or misure of a prize including participation in any activity related thereto, or from participation in the Sweepstakes, including any travel related thereto; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer or mobile system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should fraud, a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives.
As a condition of entering, Entrants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
10. GOVERNING LAW/DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
11. ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that any and all disputes the entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
13. SPONSOR: Westfield Property Management LLC, 2049 Century Park East, 41st Floor, Los
Angeles, CA 90067
14. ADMINISTRATOR Westfield UTC, 4545 La Jolla Village Drive, San Diego CA 92122
15. WINNERS /OFFICIAL RULES: To view a copy of these Official Rules, visit www.westfield.com/utc/birchaquariumsweepstakes For a list of the winner(s), mail a self-addressed, stamped envelope to: Westfield UTC, 4545 La Jolla Village Drive, San Diego CA 92122 by June 10, 2021
The Sweepstakes is in no way sponsored, endorsed or administered by Instagram. Instagram is completely released of all liability by each Entrant in this Sweepstakes. You understand that you are providing your information to Sponsor and not to Instagram.