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Official Rules

“The Flying Dutchman’s Treasure Hunt Sweepstakes”

Sponsor: Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.

  1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE UNITED STATES. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION PRIOR TO ENTERING. MANY WILL ENTER, ONE WILL WIN.

 

  1. Entry Period: The “The Flying Dutchman’s Treasure Hunt Sweepstakes” (the “Sweepstakes”) entry period shall commence at 9:00:01 a.m. Eastern Time (“ET”) on June 29, 2017 and shall end at 11:59:59 p.m. ET on July 1, 2017 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes. All entries must be received by 11:59:59 p.m. ET on July 1, 2017. The odds of winning depend on the total number of Eligible Entries (hereinafter defined) received during the Sweepstakes Period.

 

  1. Eligibility: The Sweepstakes is open to individuals who are legal residents of one (1) of the fifty (50) United States or the District of Columbia and who are at least thirteen (13) years of age or older at the time of entry. Any entrant who has not yet reached the age of majority in the jurisdiction in which he/she resides (18, except AL and NE [19] and MS [21]) must obtain permission from his/her parent/legal guardian (“Parent”) in order to enter and if chosen as the Grand Prize (as defined below) winner, such Grand Prize will be awarded in the name of his/her Parent. Entrants must have an Instagram account in order to enter. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Viacom Media Networks, a division of Viacom International Inc. (“Sponsor”), Instagram, LLC (“Instagram”), all prize providers and each of their respective affiliated parents, companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, the “Sweepstakes Entities”) are not eligible to enter this Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor, and by the decisions of the Sponsor, which are final in all matters relating to this Sweepstakes; (b) release and hold harmless Sweepstakes Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of the Grand Prizes; and (c) acknowledge compliance with these Official Rules. (Note: You will need to create an Instagram account if you don’t already have one. Membership on Instagram is free, and registration can be obtained by logging on to http://www.instagram.com [“Instagram Web Site”] and following the onscreen instructions to open an account.)
  2. To Enter: During the Sweepstakes Period, go to http://www.instagram.com/SpongeBob from your Instagram account, follow the SpongeBob SquarePants account (@SpongeBob) and follow the directions in the initial post announcing the Sweepstakes which will direct you to the treasure map located at http://www.instagram.com/FlyingDutchmansTreasureHunt. Follow The Flying Dutchman’s Treasure Hunt account (@FlyingDutchmansTreasureHunt) and follow the directions to navigate the virtual treasure map in order to collect the nine (9) clues embedded throughout the account’s posts. The assembled clues will lead you back to a historical post back on the SpongeBob SquarePants account (@SpongeBob) within which you’ll find a link to the secret Instagram Sweepstakes entry account (the “Secret Account”). Entrants must follow the Secret Account in order to proceed to entry submission. The Secret Account will be populated with nine (9) separate SpongeBob SquarePants-themed images; entrants can post a comment to each of the nine (9) Secret Account images with the following designated hashtag #TreasureHuntSweepstakes (each a “Post”). BY SUBMITTING A POST IN THE COMMENT SECTION OF ANY OF THE NINE (9) SECRET ACCOUNT IMAGES WITH THE ACCOMPANYING HASHTAG #TREASUREHUNTSWEEPSTAKES DURING THE SWEEPSTAKES PERIOD, YOU AGREE TO THESE OFFICIAL RULES. You are required to follow the SpongeBob SquarePants Instagram account (located at http://www.instagram.com/SpongeBob) so you can see the Grand Prize winner announcement to see if you’ve won (pending verification), in addition to the winner notification described in Section 5 below. Please note that if you do not respond to the Grand Prize winner’s notification described in Section 5, you will be disqualified and another Grand Prize winner (as applicable) may be selected. You must submit a Post in the comment section of one (1) of the nine (9) Secret Account images that includes the designated hashtag #TreasureHuntSweepstakes during the Sweepstakes Period on Instagram in order to obtain one (1) entry into the Sweepstakes. Limit of nine (9) separate and unique Instagram post entries (i.e., one [1] Post on each of the nine [9] Secret Account images) per person/Instagram account/household per day of the Sweepstakes Period. You must submit your own entry. Automated posts or posts sent via a bot will be disqualified. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the Instagram account, as applicable, used to participate in the Sweepstakes at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an Instagram account by Instagram. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Multiple participants are not permitted to share the same Instagram account. All entries become the property of Sponsor and will not be acknowledged or returned. All entries must comply with the applicable platforms’ Terms of Service and rules available at the Instagram Web Site. Any attempt to obtain entries in excess of the limit on entries as set forth in these Official Rules, including by using or creating multiple Instagram accounts; by using multiple and/or different identities, forms, or registrations; or by any other methods, will void all of the relevant participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Important note: If your Instagram account is set to “protected mode,” your updates/responses may not be visible in Sponsor’s @SpongeBob inboxes and may not thus be received by Sponsor unless you previously consented to permit Sponsor to see the your Instagram updates. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you opt to use Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a Grand Prize winner, which may be subject to charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
  3. Grand Prize Winner Selection/Notification: One (1) Grand Prize winner (the “Winner”) will be randomly selected on July 5, 2017 by Sponsor from the Eligible Entries received during the Sweepstakes Period. Sponsor will make one (1) attempt on or before July 12, 2017 to contact the potential Winner. If the potential Winner does not respond within five (5) business days of being contacted, such potential Winner will be disqualified and an alternate potential Winner will be selected through a random drawing from among the remaining Eligible Entries received. This process will be repeated until a potential Winner responds, if time permits.

 

  1. Prize Winners, Verification: The potential Winner must prove eligibility, including, without limitation, proof of age and residence, within forty-eight (48) hours of being notified as a potential Winner. In the event of non-compliance by the potential Winner, the potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner may be chosen through a random drawing from among all of the remaining Eligible Entries received during the Sweepstakes Period, if time permits, in Sponsor’s sole discretion. Winner must sign (or Winner’s Parent must sign if Winner is not the age of majority in the jurisdiction in which he/she resides) within forty-eight (48) hours of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release of Sweepstakes Entities and its respective officers, directors, employees, agents and members (“Releasees”), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of a Grand Prize (as both terms are hereinafter defined), as applicable, or any portion thereof to be eligible for a Grand Prize; (b) except where prohibited by law, a publicity release granting Sweepstakes Entities the right to use the Winner’s name, Instagram username and likeness for advertising and publicity purposes without additional compensation; and, (c) any other documentation required by Sponsor, including a W2 form and Winner’s social security number for tax purposes (collectively, the “Releases”). Entry into this Sweepstakes constitutes agreement to sign such Releases. The Winner also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Grand Prize and that Winner (or Winner’s Parent must sign if such Winner is not the age of majority in the jurisdiction in which he/she resides) will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Grand Prize, if applicable. The Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Grand Prize and return them as instructed within the time frame specified by Sponsor or the Winner may forfeit the Grand Prize at Sponsor’s sole discretion. Failure to return all such documents and comply with the aforementioned deadline, noncompliance with these Official Rules or the return of any Grand Prize or prize notification will result in disqualification and selection of an alternate Winner. All decisions of the Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Winner for creative or technical reasons or for any other reason Sponsor deems necessary.

 

  1. Grand Prize: One (1) grand prize (the “Grand Prize”) are available to be awarded in this Sweepstakes. The Grand Prize shall consist of a “SpongeBob SquarePants” (“SB”) themed Prize Pack composed of the following items: (i) one (1) SB Sprayground Backpack; (ii) one (1) adult SB coloring book; (iii) one (1) “The SpongeBob SquarePants Experience: A Deep Dive into the World of Bikini Bottom” coffee table book; (iv) one (1) script/storyboard from the SB episode entitled “Arrgh!” autographed by SB series cast members; (v) one (1) set of SB headphones; and (vi) eighteen (18) SB comic books. The total Approximate Retail Value (“ARV”) of the Grand Prize is $723.82.

 

  1. 8. General Prize Terms: A Grand Prize shall be awarded to the Parent of a Winner if such Winner has not reached the age of majority in his/her state of residence. Sweepstakes Entities are not responsible for any mechanical difficulties or failure connected with the Grand Prize, or any act or omission whatsoever. No transfer, substitution, or cash equivalent for a Grand Prize is allowed except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute a Grand Prize or Grand Prize component with a prize of equal or greater value if a Grand Prize component cannot be awarded as described for any reason. The Grand Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of a Grand Prize have no redeemable cash value. Any difference between the ARV and the actual value, if any, of the Grand Prize will not be awarded. In the event that a potential Winner chooses not to accept his/her prize, or is unable to be notified, an alternate potential Winner will be randomly selected from all of the remaining eligible entries received during the applicable Sweepstakes Period, if time permits.

 

  1. General Terms: Receipt of a Grand Prize in this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER OR ANY BEHAVIOR BY THE WINNER THAT WILL BRING WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER, AS APPLICABLE, WILL BE IMMEDIATELY TERMINATED. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, the Grand Prize may be awarded to Winner to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against Sweepstakes Entities, and hereby acknowledge that Sweepstakes Entities has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. Release and Limitations of Liability: By participating in this Sweepstakes, Entrants agree that Sweepstakes Entities and their respective employees, officers, directors, agents, contractors, members, and representatives (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Grand Prize. No more than the stated number of Grand Prize will be awarded.

 

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES 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 TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A GRAND PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF GRAND PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE GRAND PRIZE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

  1. Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNER (AND SUCH WINNER’S PARENT IF WINNER IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, SUCH WINNER’S NAME, INSTAGRAM USERNAMES, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME OR INSTAGRAM USERNAMES ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.

 

  1. Governing Law/ Jurisdiction. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Grand Prize awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action. Entrant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys’ fees and/or experts’ fees and costs. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participant further waives all rights to have damages multiplied or increased.
  2. Privacy and Use of Information: By entering the Sweepstakes, each Entrant agrees that such Entrant’s entry and any other personally identifiable information collected or used in connection with the Sweepstakes is subject to and may be used by

Sponsor in accordance with its Privacy Policy, as posted on http://www.nick.com/privacy-policy/.

 

  1. Request for Names of Prize Winner and Official Rules: For the name of the Winner and/or Official Rules, send a self-addressed stamped envelope by September 5, 2017 to: “The Flying Dutchman’s Treasure Hunt Sweepstakes” c/o Nickelodeon, 1515 Broadway, Space #42-21G, New York, NY 10036. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the names of the “Winners”.

 

  1. Sponsor: Sweepstakes is sponsored solely by Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036. While Instagram’s terms and conditions apply to Instagram use, Instagram is not a sponsor of the Sweepstakes, nor is Instagram in any way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of the prizes. All inquiries regarding the Sweepstakes should be directed to Viacom Media Networks, not to Instagram.

 

 

ABBREVIATED RULES

 

NO PURCHASE NECESSARY. MANY WILL ENTER, ONE WILL WIN. If you are under the age of majority in your state of residence, you must get your parent or legal guardian’s permission before entering. Official Rules and how to enter can be viewed at http://at.nick.com/FlyingDutchmansTreasure. Certain Restrictions Apply. Sweepstakes open to legal residents of the 50 US and DC aged 13 years or older at the time of entry who follow @SpongeBob on Instagram and post in the comment section of one (1) of nine (9) images located on a secret Sweepstakes Instagram page with the designated hashtag #TreasureHuntSweepstakes. The Sweepstakes begins at 9:00:01 a.m. ET on 6/29/17 and ends at 11:59:59 p.m. ET on 7/1/17. Void in Puerto Rico, outside the US and where prohibited or restricted by law. Odds of winning depend on the total number of eligible entries received. One (1) Grand Prize available, total ARV: $723.82. Sponsor: Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036. While Instagram’s terms and conditions apply to Instagram use, Instagram is not a sponsor of the Sweepstakes, nor is Instagram in any way responsible for the administration of the Sweepstakes, the verification of the winners or the fulfillment of prizes. All inquiries regarding the Sweepstakes should be directed to Viacom Media Networks, not to Instagram.

 

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