Official Rules for the Chicken of the Sea 2023 National Mermaid Spotting Promotion
1. National Mermaid Spotting Promotion: NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. Chicken of the Sea’s 2023 National Mermaid Spotting Promotion (the “Promotion”) is open to legal residents of the United States subject to eligibility guidelines below. VOID WHERE PROHIBITED BY LAW. The Promotion begins at 12:00 AM [ET] on January 19, 2023 and ends at 11:59 PM [ET] on February 28, 2023 (the “Promotion Period”). This Promotion is sponsored by Tri-Union Seafoods, LLC d/b/a Chicken of the Sea International (“Chicken of the Sea” or “Sponsor”).
“Artifact” is defined as a Mermaid’s trident, shell, piece of jewelry, harp, sea cap, mirror or traditional kelp weaving.
“Mermaid” is defined as a half-human sea creature with the identifiable head (i.e., two eyes, one nose, and one mouth) and torso of a woman or man or child or individual and the natural biological tail of a fish or scaled sea-dwelling creature. The Mermaid must be capable of living and breathing underwater without the use of artificial aids, such as scuba gear and/or other breathing apparatus, as well as capable of breathing when above the surface of water. The Mermaid must also be living and breathing without the use of surgical enhancements, makeup, costumes, tricks, props, computer graphics, digital effects and/or other artificial means. For avoidance of doubt, aquatic animals (i.e., manatee, fish, lobsters, dolphins, jellyfish, sharks, sea turtles, starfish, crabs, octopuses, whales, seahorses, squid, swordfish, shrimp, killer whales, manta rays, otters, and oysters, etc.) are NOT Mermaids. For further avoidance of doubt, mythical oceanic, lake, river, and/or water dwelling creatures (i.e., sirens, ocean dwelling spirits/ghosts, blue men, kelpies, selkies, sea/water deities of myth and/or legend (i.e., Atargatis, Sedna, Triton, Oannes, etc.)) are also NOT Mermaids.
“Traditional Phenomena” is defined as minor tidal waves/sea swells, waterspouts, symbolic surface ripples, St Elmo’s Fire, blocked harbors, sudden fog, and/or mysterious or potentially perilous sea shanties/songs.
“Scientific Evidence” is defined as an unaltered video (with audio) containing ALL of the following elements (the contents of the unaltered video must be recorded during the Promotion Period and must not use computer graphics, digital effects and/or other artificial elements):
- The Mermaid communicating in a discernible oceanic language, oceanic song, and/or oceanic sign language;
- The Mermaid displaying its oceanic culture;
- The full body of the Mermaid (from head to tail);
- The Mermaid moving and swimming;
- The Mermaid breathing underwater for thirty-five (35) minutes or more without the use of artificial aids, such as scuba gear and/or other breathing apparatus;
- The Mermaid’s presence and/or power causing the display of Traditional Phenomena.
4. How to Enter: There is a limit of one (1) entry (“Entry” or “Entries”) per person. There are two (2) ways to enter, as follows: (1) “METHOD ONE”: submit Scientific Evidence documenting a live Mermaid before the end of the Promotion Period to be eligible to win the grand prize (“Grand Prize”) described below; or (2) “METHOD TWO”: submit an image or video of someone or something relating to mermaids before the end of the Promotion Period to be entered for a chance to win the swimmer’s up prize (“Swimmer’s Up Prize”) described below. An Entry submitted using METHOD TWO can depict aquatic and other animals, and use artificial aids, such as scuba gear and/or other breathing apparatus, makeup, costumes, tricks, props, computer graphics, digital effects and/or other artificial means. All eligible Entries which do not qualify for the Grand Prize will be automatically entered for a chance to win the Swimmer’s Up Prize.
Entrants will be solely responsible for satisfying the above criteria within the Entries they submit. Entrants that use artificial aids, such as scuba gear and/or other breathing apparatus, makeup, costumes, tricks, props, computer graphics, digital effects and/or other artificial means will NOT be eligible for the Grand Prize but MAY be eligible for the Swimmer’s Up Prize.
All Entries must be submitted with a completed official promotion entry form (“Promotion Entry Form”) on https://chickenofthesea.com/mermaidspotting/ through a link accessible on the Promotion landing page. All Entries must be received on or before 11:59 PM [ET] on February 28, 2023. The computer clock of Chicken of the Sea is the official time-keeping device in the Promotion. All Entries become the property of Chicken of the Sea and will not be returned.
All Entries must be the entrant’s original work and cannot have previously been entered into a promotion/contest and/or won an award or prize. Entries containing any material that violates or infringes any third-party rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement are prohibited. Any Entry containing such material may be disqualified.
In the event of a dispute as to any Entry, the authorized account holder of the account used to enter will be deemed to be the entrant. The “authorized account holder” of an email address is the natural person who controls the email address or social media account. Potential winners may be required to show proof of being the authorized account holder.
DANGEROUS, RISKY OR HAZARDOUS ACTIVITY SHOULD NOT BE UNDERTAKEN IN CONNECTION WITH THIS PROMOTION. NO MERMAID, MERMAN, MERCHILD, MERPERSON, OR OTHER LIVING CREATURE OR ORGANISM TO BE HARMED IN ANY WAY IN THE FULFILLMENT OF THIS PROMOTION. ANY SUCH CONDUCT WILL RESULT IN DISQUALIFICATION.
5. Judging/Drawing: To be eligible to win the one million dollar ($1,000,000) Grand Prize, the Entry must contain Scientific Evidence of a Mermaid, which Scientific Evidence must be certified by Ari Berk, Ph.D., Professor of Myth and Folklore, Central Michigan University and renowned Mermaid expert (“Expert”). The Expert will review all Entries and certify any Entry containing Scientific Evidence of a Mermaid. If the Expert certifies an Entry containing Scientific Evidence of a Mermaid, the Grand Prize eligible entrant (“Grand Prize Eligible Entrant”) will then be solely responsible for coordinating an in-person meeting (“Meeting”) with the Expert, Mermaid, Grand Prize Eligible Entrant and Sponsor the week of March 20, 2023. Any and all costs and expenses associated with the Meeting (including but not limited to travel and accommodation costs for all participants) are solely the responsibility of the Grand Prize Eligible Entrant. At the Meeting, the Grand Prize Eligible Entrant must present one or more Artifacts (“Meeting Requirement”). IF NO ENTRY CONTAINS SCIENTIFIC EVIDENCE OF A MERMAID AND/ OR IF THE SCIENTIFIC EVIDENCE IS NOT CERTIFIED BY THE EXPERT AND/OR IF A GRAND PRIZE ELIGIBLE ENTRANT DOES NOT COORDINATE THE MEETING AND/OR SATISFY THE MEETING REQUIREMENT, NO GRAND PRIZE WILL BE AWARDED. ALL ENTRANTS BY SUBMISSION OF AN ENTRY ACKNOWLEDGES AND AGREES TO THE POSSIBLE RESULT THAT THE GRAND PRIZE MAY NOT BE AWARDED TO ANY ENTRY. IF NO ENTRY SATISFIES THE ELIGIBILITY REQUIREMENTS FOR THE GRAND PRIZE AND NO GRAND PRIZE IS AWARDED, CHICKEN OF THE SEA HAS COMMITTED TO DONATING ONE MILLION OUNCES OF PROTEIN TO FOOD BANKS ACROSS THE COUNTRY.
If there are two (2) or more Grand Prize Eligible Entrants, the Expert will review all the Grand Prize Eligible Entrants’ entries and award points according to the following criteria:
- Mermaid with the most colorful tail, scales, and body markings – 25 points
- Mermaid with the most elaborate and well-adorned hairstyle – 25 points
- Mermaid with the most beautiful Mermaid song – 25 points
- Mermaid who is the most willing to communicate with humans – 25 points
In the event that there are two (2) or more Grand Prize Eligible Entrants, the Grand Prize Eligible Entrant awarded the most points will be the Grand Prize winner (“Grand Prize Winner”).
The Grand Prize Winner, if any, will be determined the week of March 20, 2023 and announced on or about National Mermaid Day (March 29, 2023).
The random drawing for the Swimmer’s Up Prize will be conducted during the week of March 20, 2023, from all eligible Method One and Method Two Entries, including any Grand Prize Eligible Entrants who do not win the Grand Prize, and one (1) Swimmer’s Up Prize winner (“Swimmer’s Up Prize Winner”) will be selected and announced on or about National Mermaid Day (March 29, 2023), at the same time as the Grand Prize Winner, if any. Odds of winning depend on the number of eligible Entries received. All decisions made by Chicken of the Sea on all matters relating to this Promotion are binding, final and are not open to appeal. By entering the Promotion, entrants agree to abide by the Expert’s and Sponsor’s decisions and waive any right to appeal. The Grand Prize Winner, if any, and the Swimmer’s Up Prize Winner will be notified by email. If any winner is not reachable by using the information provided on the official Promotion Entry Form within five (5) days after Chicken of the Sea’s first attempt to contact such winner by email, the winner will be disqualified and another qualifying alternate entrant, if any, will be selected to receive the Grand Prize or the Swimmer’s Up Prize (as applicable).
6. Prizes and Approximate Retail Value (“ARV”): The Grand Prize Winner (if any) will receive One Million Dollars (US$1,000,000), to be awarded as fifty thousand dollars (US$50,000) a year for twenty (20) years. The total ARV of the Grand Prize is one million dollars (US$1,000,000.00). The Swimmer’s Up Prize Winner will receive two thousand five hundred dollars (US$2,500). The total AVR of the Swimmer’s Up Prize is two thousand five hundred dollars (US$2,500). Prizes are non-transferable and may not be substituted, except by Chicken of the Sea at its sole discretion. All federal, state, local, and other taxes on all prizes and any other costs and expenses associated with prize acceptance and use not specified herein are solely the responsibility of the winner. As a condition of claiming a prize, any winner will be required to sign and return, within fifteen (15) days of notification, an Affidavit of Eligibility/Release of Liability and Publicity. Noncompliance with this requirement, return of prize/prize notification as undeliverable, or failure to comply with any terms of these Official Rules will result in a winner’s disqualification.
7. General Terms/Limitation of Liability/Releases: In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. Chicken of the Sea and its agencies and affiliates are not responsible for any error, omission, interruption, deletion, defect, delay in operations, theft, destruction, unauthorized access to, or alterations of, Entry materials, or failure to receive any Entry information. Further, Chicken of the Sea and its agencies and affiliates are not responsible for late, lost, damaged, destroyed, delayed, illegible or incomplete entries. Additionally, Chicken of the Sea and its agencies and affiliates are not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems or traffic congestion on the Internet or at any website, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Promotion. Chicken of the Sea reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion. By participating, entrants agree to be bound by these Official Rules and the decisions of the Expert. Entrants agree that Chicken of the Sea, Hunter and its and their respective directors, officers, employees, subsidiaries, affiliates, divisions, agencies, licensors and all prize suppliers (“Released Parties”), (a) shall not be responsible or liable for, and hereby release and hold harmless the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Promotion or any Promotion-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use any prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to any prize’s quality or fitness for a particular purpose. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Chicken of the Sea to enforce any provision herein shall not be deemed a waiver of such. WITHOUT LIMITING ANYTHING SET OUT ELSEWHERE IN THESE OFFICIAL RULES, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, AND ATTORNEYS’ FEES. IN NO EVENT SHALL CHICKEN OF THE SEA OR ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED IN THIS PROMOTION. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect. Except where prohibited by applicable law, participation in the Promotion constitutes an individual’s consent to Chicken of the Sea’s, its parents’, subsidiaries’, affiliates’, licensees’, successors’, and assigns’ use of such individual’s name, likeness, photograph, voice, and opinions for advertising, promotional and other purposes in any and all media, now or hereafter devised, in any manner, worldwide in perpetuity, without further payment or consideration, notification or permission. This Promotion is subject to these Official Rules. Failure to comply with The Official Rules will result in disqualification. An entrant’s Entry will be disqualified, at the sole discretion of Chicken of the Sea, if he or she attempts (a) to enter the Promotion through any means other than described in these Official Rules; or (b) to disrupt the Promotion, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Promotion. All rights (including copyright) in the Entries submitted will become the property of Chicken of the Sea and its assignees, and upon Chicken of the Sea’s request, entrants will execute any documents necessary to effectuate such ownership.
8. Governing Law/Venue : THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN EL SEGUNDO, CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS WHICH MIGHT OTHERWISE CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
9. Request for Winners List: To receive the list of any winner(s) of prizes, available after the Promotion Period has ended, and/or these Official Rules, send a stamped, self-addressed #10 envelope to Chicken of the Sea National Mermaid Spotting Promotion c/o ATTN: Casey Carty, HUNTER, One World Trade Center, Floor 68, New York, NY 10007. Requests for the list must be postmarked through October 1, 2023. Vermont residents may exclude return postage.
10. Sponsor: This National Mermaid Spotting Promotion is sponsored by Tri-Union Seafoods, LLC d/b/a Chicken of the Sea International, 2150 East Grand Avenue, El Segundo, California 90245.