Wildlife Acoustics’ Song Sleuth With Sibley Sweepstakes Official Rules Presented With L.L.Bean
*NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Void in Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and all overseas military installations and where prohibited by law. Subject to all applicable federal, state and local laws. Sweepstakes begins on 12/1/2017 at 12:01 AM Eastern Time (“ET”) and ends on 3/1/2018 at 11:59 PM ET (the "Sweepstakes Period"). Sponsor's computer is the official time keeping device for this Sweepstakes.
1. Sponsor: The Sponsor is Wildlife Acoustics, Inc. dba Wildlife Acoustics, 3 Mill & Main Place, Suite 210, Maynard, MA 01754 (“Sponsor” or “Wildlife Acoustics”).
2. Eligibility: The Song Sleuth with Sibley Sweepstakes (the "Sweepstakes") is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excludes Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and all overseas military installations), who are 21 years of age or older, at the time of entry. Employees, officers, and directors of Wildlife Acoustics, L.L.Bean, David Allen Sibley, and any of their respective parents, subsidiaries, divisions, affiliated companies, dealers, sales representatives, licensees, service agencies, independent contractors, advertising and promotion agencies, web hosting and service and fulfillment providers, heirs and assigns, and other representatives (all of the foregoing, collectively, "Sweepstakes Entities"), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth in these Official Rules. Sponsor reserves the right to verify the eligibility of the Grand Prize winner and his/her compliance with these Official Rules to determine eligibility to win the Grand Prize.
3. How to Enter: There is NO PURCHASE OR PAYMENT NECESSARY to enter or win. A purchase does not increase your chances of winning. To enter the Sweepstakes visit sweepstakes.songsleuth.com and complete all required fields of the onscreen registration form to receive one (1) entry into the Sweepstakes random drawing. Entries must be received by 3/1/2018 at 11:59 PM ET to be included in the random drawing.
Limit one (1) entry per person. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all such entries and may disqualify entrant. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and Sweepstakes Entities, and their agencies are not responsible for lost, late, postage-due, illegible, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential Grand Prize Winner may be required to show proof of being the authorized account holder and otherwise demonstrate his or her qualifications to enter. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Once submitted, no entry can be returned. All entries once submitted become the property of Sweepstakes Entities. By entering the sweepstakes, you agree to be added to L.L.Bean and Wildlife Acoustics’ email lists. You may unsubscribe from these brands’ mailing lists at any time.
4. Selection of Grand Prize Winner and Winner Notification: One (1) Grand Prize Winner (“Grand Prize Winner”) will be selected in a random drawing to be held on or about 3/15/2018. The drawing will be conducted by Sponsor, whose decisions on all matters relating to the Sweepstakes shall be final and binding. The potential Grand Prize Winner will be selected randomly from all eligible entries received (as stated above) during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. Potential Grand Prize Winner must respond within three (3) business days of notification attempt or prize will be forfeited and an alternate Grand Prize Winner will be selected and notified. The potential Grand Prize Winner will be notified only via the email address provided in his or her email entry. Entrant will bear sole responsibility to keep email address active and in effect.
Once the potential winner has responded, Sponsor will send, via email, an Affidavit of Eligibility and Liability/Publicity Release which must be executed and returned within seven (7) days. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Grand Prize Winner may result from any of the following: (1) potential Grand Prize Winner's failure to respond to email notification by the deadline stated within the notification; (2) the return of an email notification as undeliverable; (3) potential Grand Prize Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency or other information requested; (4) potential Grand Prize Winner's failure to confirm address and validly claim the prize by the deadline stated within the notification; (5) potential Grand Prize Winner's failure to execute and timely return an Affidavit of Eligibility and Liability, and /Publicity Release by the deadline stated; and (6) any other non-compliance with the Official Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate Grand Prize Winner. Prize will be awarded, provided that it is validly claimed by 4/15/2018, after which no alternate Grand Prize Winner will be selected, nor will an unclaimed prize be awarded because of the time of the event. Potential Grand Prize Winner is subject to verification by Sponsor, whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not the Grand Prize Winner of the prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete by Sponsor.
5. Grand Prize and Approximate Retail Value (“ARV”): There is one (1) Grand Prize available to be won. Grand Prize includes a trip package for two (2) people, winner and one (1) guest, to Freeport, Maine for the opportunity to attend the L.L.Bean Birding Festival, two (2) mornings birding with David Sibley, and an L.L.Bean shopping spree with a personal shopper in the amount of $1,000.
Grand Prize package includes:
- Round-trip, coach-class air-transportation for winner and one (1) guest to Portland, Maine from a major airport within the US nearest the winner’s residence as determined by Sponsor (ARV: $1200);
- Four (4) days / three (3) nights hotel accommodations at the Harraseeket Inn, Freeport, Maine and based on double occupancy (ARV: $800);
- $1,000 L.L.Bean gift card and opportunity to shop with personal shopper (ARV: $1,000);
- One (1) dinner with David Sibley at the Harraseeket Inn during the L.L.Bean Birding Festival (ARV: $300);
- Round-trip car transfers to/from destination airport and hotel (ARV: $150)
The total ARV of Grand Prize is up to: $3,450. The ARV may vary based upon point of departure and means of transportation. The difference between the ARV and actual value of the Grand Prize will not be awarded or otherwise have any cash value.
Any and all expenses, not specifically specified above that Grand Prize Winner and his/her travel companion may choose to incur will be the sole responsibility of the Grand Prize Winner.
Odds of winning Grand Prize depend upon the total number of eligible entries received.
6. PRIZE CONDITIONS: Prize is not redeemable for cash or refundable, in whole or in part. Prize is not assignable nor transferable. No substitution, in whole or in part, is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded in Sponsor’s sole discretion. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Grand Prize Winner and his/her companion must be physically able to safely partake of the activities and, if they are not, any such aspect of the Grand Prize will be forfeited. Any other incidental expenses not specified herein are the Grand Prize Winner’s sole responsibility. Prize awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases, unless otherwise expressly provided for, are the sole responsibility of Grand Prize Winner. Grand Prize Winner and travel companion must travel on same itinerary. Grand Prize Winner and travel companion must have valid photo ID and any other required documentation prior to departure. Prize must be used on dates specified or prize will be forfeited. Travel is subject to availability. Trip is only available for the LL Bean Birding Festival, from May 25, 2018 through May 28, 2018. Sponsor is not responsible for any acts of God which may prevent the L.L.Bean Birding Festival from taking place or travel to or from the Festival by the Grand Prize Winner from taking place.
Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Freeport, ME, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Sponsor reserves the right to substitute round-trip ground transportation or mileage reimbursement to/from the Grand Prize winner’s home in lieu of air transportation. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no travel companion, no cash or additional compensation will be awarded. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for Grand Prize Winner and/or travel companion to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the Grand Prize Winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or travel companions are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to Grand Prize Winner and/or travel companion. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify and qualify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport with a minimum validity 6 months after the date of return) prior to travel. Winner’s travel companion must be legal U.S. resident and must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above. If winner’s travel companion is deemed a minor in his or her state of primary residence, Grand Prize winner must be minor travel companion’s parent or legal guardian and must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable. In the event the Grand Prize Winner and/or travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip in its entirety or in part, and send the winner and his/her travel companion home with no further obligation. In the event Grand Prize Winner and/or travel companion engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or causes Grand Prize Winner and/or travel companion to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize Winner and/or travel companion as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL. ACCOMMODATIONS OR ACTIVITIES RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ENTRY TO WIN, ACCEPTANCE OR USE OF THE PRIZE BY GRAND PRIZE WINNER AND/OR TRAVEL COMPANION.
Gift cards are subject to restrictions and an expiration date may apply. Personal shopping consultation is in Sponsor’s sole discretion and must be used on date specified by vendor and will be arranged with Grand Prize Winner based on vendor’s availability. Lost, stolen or damaged cards will not be replaced.
Grand Prize Winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of Grand Prize constitute permission to use Grand Prize Winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
7. General Conditions: By entering or participating in the Sweepstakes, entrants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of Grand Prize Winner. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof) and in the event of cancellation, the Sponsor shall have no further obligation. Sponsor also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from entries, the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize, in whole or in part; participation in any way in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information.
8. Release and Limitations of Liability: By entering, each entrant agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the Sweepstakes or (ii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s). The Grand Prize Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the Grand Prize and that of his/her travel companion. All taxes are the responsibility of the Grand Prize Winner, who may receive an IRS Form 1099 reflecting the final actual value of the prize, as applicable.
Entrants, by participating, agree that the Sweepstakes Entities, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in this Sweepstakes.
9. Publicity: As a condition of entry into the Sweepstakes, except where prohibited by law, each potential Grand Prize Winner by accepting the prize grants to the Sweepstakes Entities, a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Sweepstakes Grand Prize Winner and his/her travel companion’s name, city, state, and biographical material in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of Grand Prize Winner and travel companion.
10. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate State Court located in Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
12. Official Rules and Winner List: These Official Rules and the Grand Prize Winner’s name will be posted at sweepstakes.songsleuth.com and will be available for thirty (30) days following the end of the Sweepstakes period.