To participate in this promotion, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Each Grand Prize is a 3-day/2-night trip for two (2) to Huntington Beach, CA from February 17-19, 2023 to attend the Poguelandia Music Festival.
Sponsor: INCO, LLC dba Invisible North, 425 Broadway Fl 5, New York, NY, 10013 (“Sponsor”).
- Sponsor: INCO, LLC dba Invisible North, 425 Broadway Fl 5, New York, NY, 10013 (“Sponsor”).
- Administrator: Probability LLC (“Probability”), 2 Woodstock Meadows Ln, PO Box 1484, Woodstock, NY 12498 (“Administrator").
- Eligibility: The "OBX Gold Hunt Game" ("Gold Hunt Game" or “Game”) is open only to legal residents of the 50 United States and the District of Columbia who are at least sixteen (16) years of age. If an individual is a minor, as defined by the jurisdiction of the individual’s primary residence (“Minor”), permission of a parent or legal guardian is required to register for and participate in the Game. Any employees, consultants, independent contractors, and interns who have, within the past six months, performed services for Sponsor, Administrator, Netflix Media, LLC, Red Canoe Productions, Rockfish Films, Inc., the cast/crew of “Outer Banks,” or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Game (including “Outer Banks” brand ambassadors), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to register, participate or win any prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Offered only in Raleigh, North Carolina and Jacksonville, Florida; void elsewhere and where prohibited or restricted by law.
- Game Schedule: The Netflix OBX Gold Hunt Game will take place at the locations listed in the chart below (“Game Events”) on the corresponding dates/times (“Promotion Period”). The Promotion Period is comprised of two (2) separate, individual game periods. (each, a “Game Period”).
Date: Sunday, 2/5/23
Start/End Time Eastern Time (“ET”): 12pm ET- 5pm ET
City/State: Raleigh, NC
Location: Zaxby's Lot 901 Hillsborough Street. Raleigh, NC 27607
Date: Wednesday, 2/7/23
Start/End Time Eastern Time (“ET”): 1pm ET- 6pm ET
City/State: Jacksonville, FL
Location: St. Johns Town Center 4742 River City Dr K-101 Jacksonville, FL 32246
The Game will be dormant and inactive between the conclusion of the first Game Period in Raleigh, NC and the start of the second Game Period in Jacksonville, FL. Each Game Period features its own, independent Game: registrations/participation in the first Game Period will NOT be retained for the second Game Period.
Sponsor will contemporaneously conduct other promotions to advertise/market its “Outer Banks” television series including the same prize of a trip to Huntington Beach, CA to attend the Poguelandia Music Festival, February 17-19, 2023. Another “Outer Banks” promotion will be offered elsewhere online; still other “Outer Banks” promotions will be offered by third party influencers at other select (physical) locations. Each “Outer Banks” promotion is separate and apart from this Game as well as all the other “Outer Banks” promotions, with each promotion featuring its own prize trip at different odds of winning. You may participate in this Game and one or more of such other “Outer Banks” promotions; however, you may only win a prize in this Game or one of the other “Outer Banks” promotions.
- How to Play:
Step 1 (Completion of Entry Form/Registration):
Visit the location for each “Netflix OBX Gold Hunt Event” (or “Event”) as per Rule 4 above. NO ADMISSION FEE OR OTHER PURCHASE OR PAYMENT IS REQUIRED TO VISIT A LOCATION OR TO REGISTER FOR OR PARTICIPATE IN THE GOLD HUNT GAME. At the “Netflix OBX Gold Hunt Event,” go to the designated sign in table and complete the entry form (“Entry Form”) (while supplies last). For the first Game Event on 2/5/23, In addition to providing all required information on the Entry Form, be sure to check the box if you are allergic to TWINKIE® sponge cakesΩ or otherwise do not wish to consume them for any reason as part of your participation in the Gold Hunt Game as discussed below; if the box is checked, “Outer Banks” brand ambassador will provide an alternative food item which satisfies your dietary restrictions in conjunction with participation in the Gold Hunt Game. You (if a Minor, your parent/legal guardian) must agree to abide by and be bound by these Official Rules and the decisions of Sponsor and Administrator (as well as “Outer Banks” brand ambassadors conducting the Gold Hunt Game), all of which are final and binding in all respects and not subject to appeal. Such decisions expressly include but are not limited to participation in the Gold Hunt Game (to the extent applicable), as discussed below.
ΩTrademark is used herein solely for reference purposes. No endorsement, sponsorship, affiliation or authorization by the trademark owner is intended or implied by such use.
An individual (if a Minor, their parent/legal guardian) must also complete and sign a release and waiver (available at sign in table along with Entry Form, while supplies last) where, in addition to agreeing to and accepting these Official Rules, he/she/they (a) assumes any and all risk of injury in conjunction with participation in the Gold Hunt Game (Step 3), and indemnifies, releases and agrees to hold harmless Sponsor, “Outer Banks” brand ambassadors and Administrator, and their respective officers/directors/employees/agents/contractors/representatives/shareholders from any and all liability in conjunction therewith (the preceding expressly includes but is not limited to the risk of contracting COVID-19/Coronavirus notwithstanding one’s compliance with the relevant portion of the Code of Conduct below as well as any sickness or adverse health consequences resulting your completion of the dizzy shovel spins, consumption of TWINKIE® sponge cake (for first Game Period on 2/5/23), tossing the bucket hat on top of the shovel (for second Game Period on 2/7/23) or otherwise in conjunction with participation in the Gold Hunt Game; (b) acknowledges that, to best of his/her/their knowledge and belief, he/she/they is in suitable physical and psychological condition to participate in the Gold Hunt Game (after reviewing the Gold Hunt Game Play Instructions in Step 3 below); (c) agrees to EMTS and other medical professionals designated by Sponsor and/or “Outer Banks” brand ambassadors providing medical attention to him/her/them in the event of any sickness, illness or injury incurred in conjunction with his/her/their participation in the Gold Hunt Game; (d) understands and agrees that Sponsor, “Outer Banks” brand ambassadors and Administrator have not obtained any insurance in conjunction with his/her/their participation in the Gold Hunt Game; and (e) grants to Sponsor, “Outer Banks” brand ambassadors and Administrator the right to photograph and/or videorecord his/her/their participation in the Gold Hunt Game, including the right to use his/her/their name, address (city, state), likeness, voice, photograph, other indicia of persona and/or statements made by him/her/them before, during, and/or after such participation without any compensation, further notice or review of any kind.
Completion and submission of an entry form and completion and signing of a release and waiver constitutes registration for (and the opportunity to participate in) the Gold Hunt Game. “Outer Banks” brand ambassadors will maintain a list based on when individuals completed the registration procedure from earliest to latest. Information provided by entrants in connection with this Sweepstakes will solely be used for the purpose of administering this Sweepstakes and/or fulfilling the prizes and under no circumstance will Sponsor use said information for any other purpose.
Opportunity to participate in the Gold Hunt Game is also contingent upon registrant’s compliance with the Code of Conduct as set forth in Step 3 below.
REGISTRATION AND OPPORTUNITY TO PARTICIPATE IN THE GAME ARE OFFERED ON A FIRST COME-FIRST SERVED BASIS AND ARE NOT GUARANTEED. SPONSOR, “OUTER BANKS” BRAND AMBASSADORS AND ADMINISTRATOR MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ALL PERSONS WHO ATTEND A GIVEN “NETFLIX OBX GOLD HUNT EVENT” DURING THE CORRESPONDING GAME PERIOD (AS PER RULE 4 ABOVE) WILL BE ABLE TO REGISTER FOR AND/OR PARTICIPATE IN THE GOLD HUNT GAME, WITH SPONSOR, “OUTER BANKS” BRAND AMBASSADORS AND ADMINISTRATOR DISCLAIMING ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH UNDER ANY LEGAL THEORY.
If you have special needs within the meaning of the Americans with Disabilities Act, and require assistance in order to participate in the Game, please advise an “Outer Banks” brand ambassador at the time of registration. Subject to the approval of “Outer Banks” brand ambassadors (which may be granted or withheld in their sole discretion and without liability of any kind to “Outer Banks” brand ambassadors, Sponsor or Administrator), “Outer Banks” brand ambassadors will allow you to nominate a proxy to participate in the Game on your behalf, with the understanding that Sponsor will award any prize won to you as the registrant and NOT the proxy. Other restrictions apply to the nomination of a proxy, including the proxy signing documentation accepting such role on your behalf without liability of any kind to “Outer Banks” brand ambassadors, Sponsor or Administrator. If “Outer Banks” brand ambassadors allow you to nominate a proxy, but do not approve the person whom you have nominated as a proxy or if you do not nominate a proxy, “Outer Banks” brand ambassadors will select a proxy on your behalf.
Entry Restrictions: MAXIMUM OF ONE (1) REGISTRATION AND OPPORTUNITY TO PARTICIPATE IN THE GAME PER GAME PERIOD PER PERSON. Any person who uses any device or artifice to register multiple times in violation of the preceding limitation will be disqualified.
Step 2 (Selection of Registrants to Play Gold Hunt Game):
Periodically, “Outer Banks” brand ambassadors will announce the names of up to four (4) registrants at a time from the list of registrants.
A registrant must accept opportunity to participate in the Gold Hunt Game by responding within three (3) minutes after his/her/their name is announced by returning to the sign in table or other area as designated by “Outer Banks” brand ambassadors. (Time will be kept by “Outer Banks” brand ambassadors in their sole discretion.) As part of the procedure for accepting opportunity to participate in the Gold Hunt Game, registrants may be required to present valid government-issued photo identification or other proof of their identity. Failure to respond within the time specified by “Outer Banks” brand ambassadors (as determined by Outer Banks” brand ambassadors in their sole discretion) or if “Outer Banks” brand ambassadors determine in their sole discretion that provided materials do not serve to confirm identity of registrant (if applicable) will void registration, resulting in forfeiture of the opportunity to participate in the Game without liability of any kind to Sponsor, “Outer Banks” brand ambassadors or Administrator.
Step 3 (Gold Hunt Game):
To play, within a period of one (1) minute [with time being kept by “Outer Banks” brand ambassadors in their sole discretion]:
When called by “Outer Banks” brand ambassador, follow the provided instructions and perform a total of three (3) dizzy shovel spins.
For the first Game Event on 2/5/23, eat two (2) TWINKIE® sponge cakes as provided by “Outer Banks” brand ambassador. If you indicated on the entry form when registering that you are allergic to TWINKIE® sponge cakes or otherwise do not wish to consume them for any reason, “Outer Banks” brand ambassador will provide an alternative food item which satisfies your dietary restrictions. **OR** For the second Game Event on 2/7/23, “Outer Banks” brand ambassador will give you a bucket hat. Toss the bucket hat so that it lands on top of the shovel. UNLESS AND UNTIL THE “OUTER BANKS” BRAND AMBASSADOR DETERMINES IN THEIR SOLE DISCRETION THAT THE BUCKET HAT HAS LANDED ON TOP OF THE SHOVEL, YOU WILL NOT BE ABLE TO PROCEED IN THE GOLD HUNT GAME.
Outer Banks” brand ambassador will then give you a tiny hand and shovel and will direct you to one (1) of the four (4) treasure chests filled with sand (the treasure chest will be assigned to you at random).
Place the tiny hand and shovel on your finger and, after receiving the “start signal” from the “Outer Banks” brand ambassador, use the tiny hand and shovel to dig for a mini treasure chest (which contains a colored gem which is redeemable for a prize as per Rule 6 below.)
If you find a mini treasure chest, your Game play has concluded as you are the winner of the prize associated with the colored gem contained in the mini treasure chest subject to verification by “Outer Banks” brand ambassadors.
If you do not find a mini treasure chest before receiving the “stop signal” from “Outer Banks” brand ambassadors (marking the conclusion of the allotted one [1] minute time period), your Game play has concluded and you must stop digging at this time as you are not a prize winner.
Absent extraordinary circumstances (as determined by “Outer Banks” brand ambassadors in their sole discretion), you will have only one (1) opportunity lasting no more than one (1) minute, as discussed above, in which to participate in the Gold Hunt Game. No practice rounds or “do-overs” are allowed. However, if participation is interrupted after commencement due to some action/event beyond the control of registrant and/or “Outer Banks” brand ambassadors, “Outer Banks” brand ambassadors reserve the right to “pause” or re-start Game play in their sole discretion. Any such action by “Outer Banks” brand ambassadors shall be taken on a case-by-case basis and will not have any precedential effect. See also “Force Majeure” in Rule 8 below.
All aspects of the Gold Hunt Game will be supervised by “Outer Banks” brand ambassadors and, at all times, registrants must fully comply with the instructions of “Outer Banks” brand ambassadors. Without limitation, this includes starting and stopping (if applicable) at the signal of “Outer Banks” brand ambassadors. FAILURE TO FOLLOW THE INSTRUCTIONS OF “OUTER BANKS” BRAND AMBASSADORS MAY RESULT IN TERMINATION OF PARTICIPATION IN THE GOLD HUNT GAME, PERHAPS WITHOUT WARNING, WITH ANY GEM (AND CORRESPONDING PRIZE) RECEIVED VIA GAME PLAY BEING FORFEITED WITHOUT LIABILITY OF ANY KIND TO “OUTER BANKS” BRAND AMBASSADORS, SPONSOR OR ADMINISTRATOR.
CODE OF CONDUCT
WITHOUT LIMITING THE FOREGOING, AN INDIVIDUAL MAY BE (AS APPLICABLE) DENIED THE OPPORTUNITY TO PARTICIPATE IN THE GOLD HUNT GAME; DENIED THE OPPORTUNITY TO REGISTER FOR THE GOLD HUNT GAME; REQUIRED TO RETURN ANY PRIZE WON IN THE GOLD HUNT GAME (AND, IN ALL CASES, MAY BE SUBJECT TO LEGAL SANCTIONS), IF “OUTER BANKS” BRAND AMBASSADORS DETERMINE IN THEIR SOLE DISCRETION THAT SUCH PERSON/REGISTRANT:
IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS;
IS SMOKING TOBACCO (INCLUDING E-CIGARETTES) AT THE LOCATION OF THE GAME;
IS CARRYING A FIREARM OR OTHER WEAPON OF ANY KIND;
IS ACTING IN AN ANTI-SOCIAL, OBNOXIOUS, RAMBUNCTIOUS, ABUSIVE OR THREATENING MANNER TOWARD ANY PERSONS, INCLUDING “OUTER BANKS” BRAND AMBASSADORS, OTHER REGISTRANTS AND/OR SPECTATORS, INCLUDING HECKLING OR INTERFERING WITH OTHER REGISTRANTS PARTICIPATING IN THE GOLD HUNT GAME OR ATTEMPTING TO “CUT THE LINE” IN CONJUNCTION WITH REGISTRATION;
FAILS TO COMPLY WITH GOVERNMENTAL MANDATES OR OTHER THIRD-PARTY REQUIREMENTS DESIGNED TO PREVENT THE SPREAD OF COVID-19 (SUCH AS, MASK-WEARING, SOCIAL DISTANCING, COMPLETION OF HEALTH QUESTIONNAIRE);
IS ATTEMPTING TO PHOTOGRAPH OR VIDEO RECORD THE GAME (OR ANY OTHER ASPECT OF THE “NETFLIX OBX GOLD HUNT EVENT”) WITHOUT THE PRIOR WRITTEN PERMISSION OF IF “OUTER BANKS” BRAND AMBASSADORS (WHICH MAY BE GRANTED OR WITHHELD IN THEIR SOLE DISCRETION AND WITHOUT LIABILITY OF ANY KIND) OR
IS ATTEMPTING TO DEFRAUD “OUTER BANKS” BRAND AMBASSADORS, SPONSOR, AND/OR ADMINISTRATOR OR TO CHEAT WHEN PLAYING THE GOLD HUNT GAME IN ANY MANNER, INCLUDING ANY ATTEMPT TO TAMPER WITH OR MODIFY THE TINY HAND AND SHOVEL, THE BUCKET HAT (FOR SECOND GAME PERIOD ON 2/7/23), ANY TREASURE CHEST AND/OR THE SAND INSIDE SAME OR ANY MINI-TREASURE CHEST, AS WELL AS PARTICIPATING IN THE GOLD HUNT GAME IN CONTRAVENTION OF THE INSTRUCTIONS OF “OUTER BANKS” BRAND AMBASSADORS.
- Prize Determination, Approximate Retail Value ("ARV") and Odds: Mini treasure chests will be randomly distributed among the four (4) treasure chests. Each mini treasure chest will contain a colored gem. The color of the gem represents the prize won by registrant, subject to verification by “Outer Banks” brand ambassadors.
Yellow Gem- Third Prize (up to 375† per Game Event): OBX Bandana. ARV: $10 each.
Blue Gem- Second Prize (up to 150† per Game Event): OBX Bucket Hat. ARV: $15 each.
Red Gem- First Prize (up to 50† per Game Event): OBX Water Bottle. ARV: $25 each.
Gold Gem- Grand Prize (up to 4† per Game Event): Trip for two (2) to attend the Poguelandia Music Festival on February 18, 2023 in Huntington Beach, CA. ARV of Grand Prize: $5,950.00 each. See Rule 7 for full details regarding Grand Prize.
Total ARV of Prizes Offered on Wednesday, 2/7/23, at Game Event in Jacksonville: $31,050.
Total ARV of All Prizes: $62,100.
†Only the indicated number of prizes are available to be won in each Game Event comprising the Gold Hunt Game. Should more prizes be claimed in either Game Event due to programming, mechanical or other error of any kind, Sponsor will award prizes for such affected Game Event (excluding those prizes already awarded) in a random drawing from among eligible prize claimants for such affected prize level for the affected Game Event.
For the second Game Period on 2/7/23, odds of tossing the bucket hat onto the shovel depend on the hand-eye coordination and dexterity of registrant.
Odds of a registrant being assigned to a given treasure chest are 1:4.
If registrant finds a mini treasure chest, the odds of winning a particular prize are as follows:
Third Prize OBX Bandana, 1:1.5
Second Prize OBX Bucket Hat, 1:3.9
First Prize OBX Water Bottle, 1:11.5
Grand Prize Trip, 1:144
For Grand Prizes: prior to the end of Game Period, provide original gem to “Outer Banks” brand ambassadors and complete, sign and return Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law. (If potential prize winner is a Minor, their parent/legal guardian must sign required documents on their behalf). Failure to timely provide original gem and/or to return the complete and sign Affidavit of Eligibility, Release and Indemnification, a Publicity Release** where allowed by law may result in prize forfeiture in which case Sponsor, “Outer Banks” brand ambassadors, and Administrator will not have any liability under any legal theory. Administrator will then contact each Grand Prize winner (if a Minor, their parent/legal guardian) to collect a W-9 tax form prior to any travel being booked. Grand Prize winner’s guest must also complete, sign and return a Guest Release prior to any travel being booked to the Poguelandia Music Festival.
**These materials are in addition to any waivers and releases that may be required by the Poguelandia Music Festival in conjunction with attendance by Grand Prize winner and his/her/their guest.
ANY PRIZES THAT ARE UNCLAIMED OR FORFEITED FOR ANY REASON WILL NOT BE AWARDED.
- Additional Prize Details and Restrictions:
Up to eight (8) Grand Prize winners (up to four [4] per Game Event): will each receive a 3-day/2-night trip (the "Trip") for two (2) to Huntington Beach, CA from February 17-19, 2023 to attend the Poguelandia Music Festival on February 18, 2023. (“Music Festival”). Grand Prize winners and his/her/their guest must be available to travel February 17-19, 2023. If a Grand Prize Winner cannot do so for any reason, Grand Prize will be forfeited without compensation of any kind. The Trip includes: ground transportation to/from Grand Prize winner’s home and Airport of Origin (not to exceed a seventy five [75] mile radius of Airport of Origin, as determined by Sponsor/Administrator in their sole discretion), roundtrip coach air transportation for two (2) from a major commercial airport near Grand Prize winner’s legal residence (as selected by the Sponsor) ("Airport of Origin") to Los Angeles- area airport (with possible layovers/flight may not be direct) ("Destination City Airport); however, if Grand Prize winner resides within one-hundred fifty (150) miles of Huntington Beach, CA (as determined by the Sponsor/Administrator in their sole discretion), air travel will not be provided and ground transportation may be provided instead (and, in such case, no alternate prize or compensation will be provided); ground transportation to/from Destination City Airport and hotel; two (2) nights hotel accommodations (standard room, double occupancy), two (2) tickets to the Music Festival on 2/18/23, and ground transportation to/from hotel and Music Festival. Grand Prize winner will also receive $600 spending money to be awarded in the form of a check in the name of the Grand Prize winner. TAX GROSS-UP PAYMENT: Sponsor will also arrange for the winner to receive a single cash payment in the form of a corporate check, which is intended to assist the winner with any federal, state, or other tax obligations related to receipt of the Grand Prize (the "Tax Gross-Up Payment"). The Tax Gross Up-Payment will be $1,900.00. The Grand Prize winner’s actual tax liabilities related to the Grand Prize could exceed the Tax Gross-Up Payment. The Grand Prize winner is solely responsible for all applicable federal, state, or other tax obligations related to receipt of Grand Prize. Sponsor will not provide any assistance toward the winner’s tax obligations notwithstanding provision of Tax Gross-Up Payment.
Grand Prize winners and his/her/their guest must travel together on specified itinerary as set by the Sponsor/Administrator, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. The Sponsor/Administrator are not liable for delays, cancellation or unforeseen events related to the flights. Grand Prize winners and his/her/their guests will be solely responsible for obtaining valid identification. In addition, Grand Prize winners and his/her/their guests may be required to present a valid credit card at the hotel at the time of check-in.
If a Grand Prize winner is a Minor, guest of Grand Prize winner must be their parent/legal guardian. Guests of Grand Prize winners must complete, sign and return a Liability Release, Publicity Release (where lawful) prior to prize travel. If a guest is a minor in his/her/their jurisdiction of residence, such minor’s parent/legal guardian must be the Grand Prize winner and sign a Release on his/her/their behalf. Should Grand Prize winner elect to travel without a guest (or if guest fails to timely return signed Release), Grand Prize will be awarded in increments appropriate for a single traveler (that is, the Grand Prize winner himself/herself/themselves) and no alternate prize or compensation will be awarded. The preceding includes a Grand Prize winner receiving only one (1) ticket to the Poguelandia Music Festival.
Actual final value of Grand Prizes may vary depending upon point of departure and fare fluctuations; and, under no circumstances will a Grand Prize winner receive the difference between ARV and actual final value of a Grand Prize in cash (or in any other form). Grand Prizes are non-transferable and cannot be extended beyond the date set forth above. Grand Prize Winners are solely responsible for all other expenses related to trip not specified herein, including but not limited to: airline baggage fees, meals, tips, taxes, travel (or other) insurance and hotel incidentals. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. The Sponsor and its agencies are not liable for any expenses incurred as a consequence of flight cancellation/delay.
Attendance at Music Festival is subject to the terms and conditions of use as set forth on the tickets as well as venue restrictions. Without limitation, any re-sale, auctioning, trading or other provision of ticket to any other person constitutes an actionable violation of such terms and conditions. Attendance at Music Festival may also be conditioned on the agreement of winners/guests to (a) allow a search of their person for security purposes; (b) not bring weapons, alcohol or other prohibited items into the Music Festival venue; (c) comply with restrictions as to re-entry; and (d) comply with the organizer’s policies relating to postponement/cancellation/re-scheduling of Music Festival.
Grand Prize winners and his/her/their guests must follow all instructions of the Sponsor as well as of organizer of Music Festival. Failure to do so may result in forfeiture of a prize. Should a Grand Prize winner and/or guest fail to adhere to any such instructions or engage in unruly, obnoxious, illegal, threatening, or otherwise inappropriate behavior (as determined by the Sponsor or organizer of Music Festival in the sole discretion of either party), the Sponsor reserves the right, without further notice or warning, to terminate the Trip or other applicable experience early, in whole or in part, and send Grand Prize winner and/or their guest home and/or take other actions as the Sponsor deems appropriate in their sole discretion without any liability or other obligation to Grand Prize winner or his/her/their guest. Inappropriate behavior includes but is not limited to the failure of Grand Prize winner or guest to comply with governmental mandates or other third-party requirements designed to prevent the spread of COVID-19 (such as, mask-wearing, social distancing, completion of health questionnaire). Participation in applicable activity/activities may also be conditioned upon provision of proof of a negative COVID-19 test or satisfactory proof of being fully vaccinated against COVID-19.
In connection with any visit to any location in connection with the Grand Prizes (including venue for Music Festival), please be advised that Sponsor or other prize supplier’s policies, CDC guidelines, and the recommendations of health officials must be followed. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor cannot guarantee that any person will not be exposed during the Trip.
NOTWITHSTANDING THE FOREGOING, IT IS ALSO POSSIBLE THAT THE COVID-19/CORONAVIRUS PANDEMIC DIRECTLY OR INDIRECTLY MAY COMPEL THE SPONSOR TO DELAY/POSTPONE INDEFINITELY (OR FOR A SIGNIFICANT PERIOD) OR EVEN CANCEL THE TRIP ALTOGETHER. IN SUCH CASE (WITH A SIGNIFICANT DELAY BEING DETERMINED BY THE SPONSOR IN ITS SOLE DISCRETION), THE SPONSOR'S LIABILITY SHALL BE LIMITED TO AWARD OF A PRIZE OF ITS SOLE CHOOSING WHICH IS OF COMPARABLE VALUE IN LIEU OF THE TRIP.
All details of the Grand Prizes will be determined in Sponsor's sole discretion. Sponsor reserves the right to substitute Grand Prize (or portion thereof; as applicable) with a similar prize (or prize element; as applicable) of comparable or greater value. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of winner. Prizes cannot be transferred by winner or redeemed for cash** and is valid only for the items detailed above, with no substitution of Prize by winner. LIMIT OF ONE (1) PRIZE IN THIS GAME OR ANY OTHER “OUTER BANKS” PROMOTION OFFERED BY SPONSOR DURING PROMOTION PERIOD.
*Excluding the $600 spending money and the Tax Gross-Up Payment.
THE GRAND PRIZE WINNERS (IF A MINOR, THEIR PARENT/LEGAL GUARDIAN) WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THEIR PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE, AND OTHER TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNERS.
- Force Majeure. “Outer Banks” brand ambassadors/Sponsor reserves the right to postpone, cancel, suspend or otherwise modify the Event and/or Game due to inclement weather, pandemic/epidemic, fraud, unauthorized human intervention, riot, strike, civil commotion, governmental action, materials shortage or any other occurrence beyond its reasonable control. In such case, to the extent feasible, “Outer Banks” brand ambassadors/Sponsor will endeavor to conduct the Event and make the prizes available in the Game in a manner determined by “Outer Banks” brand ambassadors/Sponsor in their sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by “Outer Banks” brand ambassadors/Sponsor will be posted at the Event, to the extent feasible.
- Conditions and Additional Limitations of Liability. As noted above, each registrant (if a Minor, their parent/legal guardian) agrees: (a) to be bound by these Official Rules and the decisions of Sponsor, “Outer Banks” brand ambassadors and Administrator, which shall be final in all respects; and (b) to release, discharge and hold harmless Sponsor, “Outer Banks” brand ambassadors, Administrator, Netflix Media, LLC, Red Canoe Productions, Rockfish Films, Inc., Meta Platforms, Inc., Twitter, Inc., each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees, as well as the cast/crew of “Outer Banks” (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Game or any Game-related activity, and/or from registrant’s (if a Minor, their parent/legal guardian’s) acceptance, receipt, use or misuse of the prize.
Without limiting the foregoing, Sponsor makes no warranty, representation or guarantee of any kind regarding any prize, including the warranty of merchantability or fitness for intended purpose.
By accepting a prize, winners (if a Minor, their parent/legal guardian) grant Sponsor and its designees permission to use his/her/their name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winners’ list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Game subject to the laws of the United States only. All federal, state and local laws and regulations apply.
- Disputes: Arbitration/Choice Of Law: To the fullest extent permitted by law, Entrant (if a Minor, their parent/legal guardian) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Game or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by the courts within the County of New York, State of New York, with such courts having personal jurisdiction over them, with Entrant (if a Minor, their parent/legal guardian) waiving any right of forum non conveniens, change of venue or any like right; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Game, but in no event attorneys' fees; and (3) under no circumstances will Entrant (if a Minor, and/or their parent/legal guardian) be permitted to obtain awards for, and Entrant (if a Minor, their parent/legal guardian) 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 as well as waiving any rights to an injunction or other forms of equitable relief. 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 Game 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.
- Winners’ List: For the names of winners, mail a self-addressed, stamped envelope to: Netflix OBX Gold Hunt Game Winners, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by March 10, 2023.
This Game is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter or any other social media platform.
