Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who physically take a picture with the life
size Mel Fisher at our participating locations. 2. Agreement to Rules: By participating, the Contestant
(“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You
meet the eligibility requirements. In addition, You agree to accept the decisions of Mel Fisher’s
Treasures as final and binding as it relates to the content of this Campaign. 3. Campaign Period: Entries
will be accepted online starting June 5, 2017 on and ending July 14, 2017. All online entries must be
received by July 14, 2017 at 5:00pm. 4. How to Enter: The Campaign must be entered by submitting an
entry of a picture with our Mel Fisher cutout and the corresponding hashtags on the poster at the
participating locations. The entry must fulfill all Campaign requirements, as specified, to be eligible to
win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be
disqualified at the sole discretion of Mel Fisher’s Treasures. If you use fraudulent methods, your picture
contains nudity or otherwise attempt to circumvent the rules, your submission may be removed from
eligibility at the sole discretion of Mel Fisher’s Treasures. 5. Prizes: The Winner(s) of the Campaign Take
a Selfie with Mel Fisher will receive a gift basket from Mel Fisher’s Treasures. Actual/appraised value
may differ at time of prize award. The specifics of the prize shall be solely determined by Mel Fisher’s
Treasures. No cash or other prize substitution shall be permitted. The prize is nontransferable. 6. Odds:
The odds of winning depend on the number of eligible entries received. 7. Winner Selection and
Notification: Winner will be selected by our Marketing Manager under the supervision of Mel Fisher’s
Treasures. Winner will be notified by direct message on Facebook, Twitter, or Instagram. Within 1 week
following selection of Winner. Mel Fisher’s Treasures shall have no liability for Winner’s failure to
receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect
or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to
claim the prize within 30 days from the time award notification was sent, or fails to timely return a
completed and executed declaration and release as required, the prize may be forfeited and an
alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon
compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE
OFFICIAL RULES BY WINNER (at Mel Fisher’s Treasures sole discretion) WILL RESULT IN WINNER’S
DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE
IMMEDIATELY TERMINATED. 8. Rights Granted by You: By entering this content (e.g., photo), You
understand and agree that Mel Fisher’s Treasures, anyone acting on behalf of Mel Fisher’s Treasures,
and Mel Fisher’s Treasures licensees, successors, and assigns, shall have the right, where permitted by
law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in
perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice,
likeness, image, statements about the Campaign, and biographical information for news, publicity,
information, trade, advertising, public relations, and promotional purposes. Without any further
compensation, notice, review, or consent. By entering this content, you represent and warrant that your
entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual
property rights. If your entry infringes upon the intellectual property right of another, you will be
disqualified at the sole discretion of Mel Fisher’s Treasures. If the content of your entry is claimed to
constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall,
at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold
harmless Mel Fisher’s Treasures from and against any suit, proceeding, claims, liability, loss, damage,
costs or expense, which Mel Fisher’s Treasures may incur, suffer, or be required to pay arising out of
such infringement or suspected infringement of any third party’s right. 9. Terms & Conditions: Mel
Fisher’s Treasures reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the
Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Mel
Fisher’s Treasures control corrupt or affect the administration, security, fairness, or proper conduct of
the Campaign. In such case, Mel Fisher’s Treasures may select the Winner from all eligible entries
received prior to and/or after (if appropriate) the action taken by Mel Fisher’s Treasures. Mel Fisher’s
Treasures reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts
to tamper with the entry process or the operation of the Campaign or website or violates these Terms &
Conditions. Mel Fisher’s Treasures has the right, in its sole discretion, to maintain the integrity of the
Campaign, to void votes for any reason, including, but not limited to: the use of bots, macros, scripts, or
other technical means for entering or any nudity in the photo with the life size cut out of Mel Fisher. Any
attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the
Campaign may be a violation of criminal and civil laws. Should such attempt be made, Mel Fisher’s
Treasures reserves the right to seek damages to the fullest extent permitted by law. 10. Limitation of
Liability: By entering, You agree to release and hold harmless Mel Fisher’s Treasures and its subsidiaries,
affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns,
employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or
damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such
entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any
prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the
malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment;
(iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv)
unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or
human error in the administration of the Promotion or the processing of entries. 11. Disputes: THIS
Campaign IS GOVERNED BY THE LAWS OF Florida WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.
As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot
be resolved between the parties, and causes of action arising out of or connected with this Campaign,
shall be resolved individually, without resort to any form of class action, exclusively before a court
located in [location] having jurisdiction. Further, in any such dispute, under no circumstances shall
participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or
consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-
pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights
to have damages multiplied or increased. 12. Privacy Policy: Information submitted with an entry is
subject to the Privacy Policy stated on the Mel Fisher Days website. 13. Sponsor: The Sponsor of the
Campaign is Mel Fisher Days and Mel Fisher’s Treasures. 14. By submitting your photo with the life size
Mel Fisher cut out and the #MelFisherDays and #participatinglocation hashtags, You, the Contestant,
have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
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