The Fabergé Big Egg Hunt FAQs
Q: What is The Fabergé Big Egg Hunt?
A: The Fabergé Big Egg Hunt is the world’s biggest egg hunt, with over 260 egg sculptures individually created by leading artists and designers. The sculptures will be placed across the five boroughs of New York City. The Fabergé Big Egg Hunt will officially start on Tuesday, April 1, at 7:00 a.m. and will run until Thursday, April 17, at 11:59 p.m. Following the hunt, all the eggs will be placed in Rockefeller Center until Friday, April 25.
Q: How do I participate in the hunt?
A: To participate in the hunt, download The Big Egg Hunt app for iPhones and Android phones. Once you have downloaded the app and have registered by email or using your Facebook account, you can start to collect eggs. By participating in the hunt you can be entered in our sweepstakes.
Q: How can I enter the sweepstakes?
A: By participating in The Big Egg Hunt, you can be entered in the sweepstakes with a chance to win two rare gem-encrusted pendants donated by Gemfields, the world’s leading producer of ethically sourced rare colored gemstones.
If you agree to participate in the sweepstakes by checking the appropriate boxes when you register on the app, you will be automatically entered in the sweepstakes when you collect eggs.
One pendant will be awarded in each of two separate drawings:
Drawing #1: The first pendant, valued at US$30,000, will be awarded to a lucky ‘egg cracker.’ An egg cracker is a person who finds an egg sculpture before the location is revealed on the map. This phase of the hunt will run from Tuesday, April 1, at 7:00 a.m. until Sunday, April 6, at 11:59 p.m. Once the first 10 people have collected an egg it will be considered ‘cracked’ and will appear on the map. An egg cracker is eligible for a maximum of 5 entries for each drawing per day.
Drawing #2: The second pendant, valued at US$48,000, will be awarded to a lucky ‘egg hunter.’ An egg hunter is any person who collects eggs throughout the hunt. This phase of the hunt will run from Tuesday, April 1, at 7:00 a.m. until Thursday, April 17, at 11:59 p.m. An egg hunter is eligible for a maximum of 5 entries per day for drawing #2.
For more information on the sweepstakes, please visit our official rules.
Q: How do I collect an egg to enter the sweepstakes?
A: Once you have downloaded The Big Egg Hunt app for iPhones and Android phones, there are two ways to collect eggs.
If you have an iPhone 4S or later (operating iOS 7 or later), turn on Bluetooth when you are hunting. This will allow you to receive notifications and collect eggs when you are near egg sculptures. You will only receive notifications once per egg.
If you aren?t receiving notifications or you have another type of smartphone, scan the QR code printed on the plinth under/near the eggs to collect them.
Each time you collect an egg, you are entered in the sweepstakes. You are eligible for a maximum of 5 entries per day.
Q: Where are the eggs located?
A: Over 260 egg sculptures are placed across New York City’s five boroughs. The Big Egg Hunt app for iPhones and Android phones contains a map. On April 1, the Egg Map will be populated with 24 Fairytale eggs. These eggs are the ones referred to in the children’s Fairytale book that you can purchase at Saks Fifth Avenue and pop-up shops across the city. Other eggs will be revealed once the first 10 people have collected each egg. On April 8, all egg sculptures will be revealed on the Egg Map.
Q: Will there be clues?
A. Yes. We will be putting out clues and information on our social media channels. You can view our posts and tweets through the app or follow us on Facebook (www.facebook.com/thebigegghunt), Twitter (www.twitter.com/thebigegghuntny), and Instagram (www.instagram.com/thebigegghuntny).
Q: What are the charities involved?
A: All proceeds raised from The Big Egg Hunt New York will benefit two charities: The Elephant Family and Agnes Gund’s Studio in a School. For more information please visit www.studioinaschool.org and www.elephantfamily.org.
Q: Where can I buy an egg?
A: You can place a bid on the Paddle8 website, where over 260 egg sculptures will be auctioned online throughout The Big Egg Hunt. The top 30 egg sculptures will be sold at a live Sotheby’s auction on April 22. If you are interested in placing a bid for one of the egg sculptures, please visit www.thebigegghunt.org/auction.
Q: Where can I buy The Big Egg Hunt merchandise?
A: The Big Egg Hunt has several egg sculpture replicas and other Egg Hunt merchandise available for purchase at www.thebigegghunt.org/shop.
OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Sweepstakes Administrator, which shall be final and binding on all matters relating to the Sweepstakes.
Sweepstakes Timing: The Fabergé Big Egg Hunt NYC Sweepstakes begins at 7:00 a.m. Eastern Time (?ET?) on 4/1/2014 and ends at 11:59 p.m. ET on 4/17/2014 (the ‘Sweepstakes Period’) and consists of two separate periods (each a ‘Period’), as follows: The first Period (the ‘Egg Cracker’ Period) begins at 7:00 a.m. ET on 4/1/2014 and ends at 11:59 p.m. ET on 4/6/2014 and the second Period (the ‘Egg Hunter’ Period) begins at 12:00 a.m. ET on 4/7/2014 through 11:59 p.m. ET on 4/17/2014.
Eligibility: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (excluding residents of the state of Florida) who are 18 years of age or older as of date of entry. Employees of Elephant Family USA, Inc. (the ‘Sponsor’), its parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (collectively the ‘Sweepstakes Entities’), and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void in the state of Florida and where prohibited by law. All federal, state, and local laws and regulations apply.
How to Enter the Sweepstakes: How to Enter Via The Big Egg Hunt App: Beginning 4/1/2014, you may download The Big Egg Hunt App (the ‘App’) from the Apple App Store and Google Play and register on the App by providing the requested information. During the Sweepstakes Period, there will be over 260 physical eggs (each an ‘Egg’) hidden in various locations in the five boroughs of New York City, New York (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island). The Egg Cracker Period: During the Egg Cracker Period, the location of twenty-four (24) of these Eggs (the ‘Fairytale Eggs’) will be shown on the map within the App. The locations of the rest of the Eggs will not be disclosed during the Egg Cracker Period, however, a map including the general areas where Eggs can be located and the number of Eggs in each area, with the exception of two ?moving eggs? (the ‘Moving Eggs’), whose locations will constantly be moved can be found on www.TheBigEggHunt.org. Clues about the locations of the Eggs (and possibly the actual locations) and Moving Eggs will be posted via the Big Egg Hunt?s various social channels such as Facebook at www.facebook.com/thebigegghunt, Twitter at twitter.com/TheBigEggHuntNY and Instagram at (instagram.com/thebigegghuntny), possibly other social media channels and within the App itself. During the Egg Cracker Period, the first ten (10) people to physically locate an actual Egg and ‘check-in’ to the App by either: a) following the instructions provided in the notification you receive on the App if your phone has the ability to recognize that you are at an Egg location (which depends on your individual phone capabilities) and you have enabled push notifications from the App; or b) by scanning the QR code at the Egg location (each, a ‘Check-In’) will receive one entry into the initial random drawing (the ‘Initial Random Drawing’) and one entry into the second random drawing (the ‘Second Random Drawing’). If you do not have a QR code reader, download one for free to your mobile device. During the Egg Cracker Period, once ten (10) people have Checked-In to an Egg location by following the above instructions, that Egg will be considered ‘cracked’ and the location of that Egg will be displayed on the map within the App. Once an Egg is ‘cracked’, anyone who Checks-In to that Egg’s location (whether during the Egg Cracker Period or the Egg Hunter Period) will receive one entry into the Second Random Drawing. The Egg Hunter Period: When the Egg Hunter Period begins, all of the locations of the Eggs (including the Eggs that have not been ‘cracked’ and revealed; with the exception of the Moving Eggs) will be displayed on the map within the App (if they have not been displayed already). To receive one entry into the Second Random Drawing, follow the above instructions to Check-In to an Egg location via App. You may only Check-In to each Egg once. How to Enter via Without Checking into Locations: To enter the Sweepstakes without Checking-In to Egg locations, visit www.bigegghunt.dja.com (the ‘Sweepstakes Website’) and complete the required information to receive one entry into each drawing until 11:59 pm ET on 4/6/2014, after which you will only receive an entry into the Second Random Drawing. Limit five (5) entries per person per day for each drawing (as applicable), regardless of method of entry. Any entrant who acts in an unsportsmanlike or abusive manner or pushes or shoves or is inappropriate in any way while participating in this Sweepstakes will be disqualified from participation. Use of computer programs and other automatic means to enter the Sweepstakes is prohibited and will result in disqualification. 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 such entries and that entrant may be disqualified. Normal Internet access and usage charges imposed by your online service may apply and data and usage charges imposed by your wireless carrier may apply.
Random Drawing/Winner Notification: One winner will be selected in the Initial Random Drawing and one winner will be selected in the Second Random Drawing from among all among all eligible entries received for each drawing. Random drawings will be held on or about 4/21/2014 and will be conducted an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The potential winners will be notified by email/phone and/or mail by the Administrator and will be required to sign and return via email/fax, an Affidavit of Eligibility and Liability and Publicity release (except where prohibited by law), and any Release Forms required by these Official Rules within three (3) days of notification attempt or status of potential winner will be forfeited and an alternate winner may be selected, time permitting. Return of any prize notification as undeliverable may result in disqualification and alternate selection.
Prizes and Approximate Retail Value (‘ARVs’): One (1) Initial Random Drawing Prize: A Zenya Amethyst and Diamond Pendant that features 435 round white diamonds and 33 round amethysts set in 18 carat white gold (ARV $30,000). One (1) Second Random Drawing Prize: A Zenya Emerald, Diamond and Amethyst Pendant that features 435 round white diamonds, 42 round emeralds and a round amethyst set in 18 carat white gold (ARV $48,000). Prizes are Sponsor-specified. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the prize is unavailable. All federal, state and local taxes are the sole responsibility of winners.
General Rules: By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entries become the property of the Sponsor. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the App, the Sweepstakes Website or the Sweepstakes itself or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the App, Sweepstakes Website or Sweepstakes. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the entrant. Winners may be required to show proof of being the authorized account holder of the email address associated with the entry. Proof of entering information via the App/Sweepstakes Website does not constitute proof of delivery or receipt of such information. The Sweepstakes Entities (as identified in these Official Rules) are not responsible for the failure of any email or entry to be received on account of technical problems or congestion on the internet or at any website. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or App/Sweepstakes Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to undermine the legitimate operation of the Sweepstakes or Website may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes or Sweepstakes Website, then the Sponsor reserves the right at its sole discretion to cancel the Sweepstakes and select the winners at random from among all eligible entries received per drawing prior to cancellation. By entering the Sweepstakes, you hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
Release and Limitations of Liability/Publicity Release: By participating in the Sweepstakes, the entrant agrees that Sponsor, their respective parents, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (the ‘Released Parties’), will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property, damages sustained due in whole or in part, directly or indirectly, from participation in Egg hunt, entry creation, the acceptance, possession, use or misuse of the prize, if applicable or participation in the Sweepstakes or participation in any Sweepstakes or related activity. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. You hereby agree that the Sweepstakes Entities have the right to use your name, likeness and/or footage, including but not limited to, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation in Sponsor?s sole discretion.
Governing Law: The Sweepstakes and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in New York and agree that any dispute shall be brought in the state or federal courts in New York. You agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York in the United States; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages, whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
Winners: The names of the winners will be available after 5/1/2014 via The Big Egg Hunt social media channels.
Sponsor: The Sponsor of the Sweepstakes is Elephant Family USA, Inc. c/o Chapel & York Limited, 1000N. West St., Suite 1200, Wilmington, DE 19801.
The Big Egg Hunt is the initiative of Elephant Family USA, Inc. and benefiting the two non-profits Elephant Family USA, Inc (‘Elephant Family’) and The Studio in a School Association, Inc. (‘Studio in a School’). When you provide information to The Big Egg Hunt website and mobile version at www.thebigegghunt.org, mobile application (‘App’), Sweepstakes site at www.biggegghunt.dja.com, or auction at www.thebigegghunt.org/auction, the information will be managed by Elephant Family USA, Inc. on behalf of both organizations. Either organization may communicate with you and send you updates about The Big Egg Hunt and their work to help make a real difference around the world.
What might we collect?
Since The Big Egg Hunt is a campaign which includes a lot of fantastic things happening around New York City throughout the spring of 2014, including hunting for egg sculptures (‘Eggs’) throughout New York City (‘Egg Hunt’), we want to be able to keep you in touch with the latest information, through our newsletter. Also you can bid to own one of the Eggs, so you would need to register with our online auction partner Paddle8. You may also want to contact us, or ask a question about The Big Egg Hunt. When you do get involved in those ways, The Big Egg Hunt will receive personal information about you, such as your name, your email address, your profile picture, and details of where you live.
We will only collect the necessary information and never ask for things without a good reason. You can of course also choose not to receive emails from us at any time by unsubscribing from them.
How we use your information:
Since the campaign is quite focused on Eggs and the work of Elephant Family and Studio in a School, we will use your information to help you participate in the Hunt or the Auction, to give you a better sense of the impact of your support through the two non-profits, and to help administer the Big Egg Hunt Sweepstakes (the ‘Sweepstakes’).
The Sweepstakes is run through our App and gives participants the chance to win one of two gem encrusted pendants worth a total value of $78,000. If you choose to sign in for the App, participate in the Sweepstakes, or to use the QR codes to ‘check in’ at an Egg, then certain information is collected from you such as your name, time of check in, location, and similar information so that we can manage your entries into the Sweepstakes and your participation in the Egg Hunt.
We’ll also tell you about certain hashtags for use on social media sites like Instagram, Facebook and Twitter that are associated with The Big Egg Hunt. If you choose to submit a photo or comment or other information and include the hashtag, we will share that information on our social media channels and our App.
Once The Big Egg Hunt is over, your support and any donations or Auction payments will help to make a world of difference to children and the endangered Asian elephants. In order to make sure we do the best job we can, cost effectively, of keeping you informed about your contribution, we may contact you with updates and let you know of other great things which each charity is organizing.
If you bid on the Auction and win one of our Eggs, we will of course also be in touch to arrange payment and then delivery of your new beautiful Egg. During the process of sorting out the payment, we may take credit or debit card details from you.
When you get in touch with us with a question or complaint or to learn more about how to be involved with The Big Egg Hunt, we will use your details in order to let us contact you or reply to your query.
We use a system called ‘opting in’ to receive contact from us. This means we’ll only send you things like emails or other exciting bits and pieces if you have specifically opted in to receive them from us. In the case of The Big Egg Hunt, either Elephant Family or Studio in a School may share information and updates with you. As mentioned earlier, if you change your mind and would like to opt out at any time, you can do so by using the unsubscribe link in all our emails, or by contacting us.
To be clear, we also keep anonymous data about visits to The Big Egg Hunt sites and App , and use simple tools like Google Analytics and Nomi analytics to track these statistics and make sense of them. You can learn more about Google Analytics at google.com/analytics and Nomi’s analytics at nomi.com. This helps us to make your time on the sites and App more effective and more exciting. We also use beacons to track certain statistics, such as the number of mobile phones that pass by our Eggs. But none of these aggregated statistics include any information which can identify you or any of the other users of the sites and App. It is just geeky stuff which helps us see which buttons work better, and which parts of the sites are more interesting.
Sharing or disclosing your information:
We will keep your personal information securely and treat it confidentially. We will not supply it to any third party without your consent, unless we are obliged or permitted by law to do it.
We use third parties to process your information on our behalf (for example to take payments for Auction bids, to administer the Sweepstakes, to process the egg collections through our App, or when we send out emails). However, we have contracts with them which require them to keep your information secure and not to use it for their own business purposes.
Sometimes we keep a back-up of your data, or we host parts of our sites or App, using equipment or servers which may be located outside the USA, such as in Europe. We do this to make sure we don?t lose your information if there are any technical glitches in the USA, and because often this is the most cost effective way or the services supplied by these companies are the best in the world. By providing personal information to us, you consent to your information being processed on our behalf in these countries.
When you share personal information with The Big Egg Hunt, you consent that either Elephant Family or Studio in a School may transfer your information within their offices or regional companies as necessary to make sure they give you the best experience possible. You also consent to allow your personal information to be transferred to a third party in the event of a reorganization or merger of either Elephant Family or Studio in a School.
Cookies are little bits of code which keep tiny pieces of information sent from our sites to your computer, tablet device or smart phone. They help us make your visit to the sites more exciting and effective and enable us to identify you quickly. They also help us gather information about how the sites are used, although this is the anonymous statistical stuff we mentioned earlier.
If you use the App, then, instead of cookies, a unique identifier (such as a CFUUID for iOS or random generated hash ID for Android or Facebook authentication software) is used to identify you more quickly so that we can make your experience more effective, such as tracking any Eggs that you find during the Hunt. They also help us gather statistical information mentioned above.
If you are under 13, please make sure you have your parent or guardian’s permission before you provide any personal information to us. Children under 13 must not provide us with personal information without this permission. Unfortunately we cannot accept entries to the Sweepstakes from anyone under the age of 18.
last updated March 7, 2014
Welcome to the small family of online goodness which are The Big Egg Hunt New York 2014 mobile application (the ‘App’), the Big Egg Hunt campaign site at www.thebigegghunt.org, the Big Egg Hunt Auction site at: www.thebigegghunt.org/auction and the Big Egg Hunt Sweepstakes site at www.bigegghunt.dja.com (the ‘Sites’).
The Big Egg Hunt is a campaign which includes a lot of fantastic things happening around New York City throughout the spring of 2014, including hunting for egg sculptures (‘Eggs’) throughout New York City (‘Egg Hunt’). Also you can bid to own one of the Eggs (‘Auction’) and participate in a sweepstakes, which gives you the chance to win one of two gem encrusted pendants worth a total value of $78,000 (‘Sweepstakes’). Please see the Sweepstakes? Official Rules for full details.
The Sites and App and all the Content on them is owned by Elephant Family (on behalf of the joint initiative – The Big Egg Hunt – with Studio in a School) or its licensors and content providers. ‘Content’ means all content on the Sites or App, including all information, graphics, trademarks, logos, designs, text, photos, images, illustrations, artwork, films, sounds, software and applications. All rights in the Content are reserved to their respective owners, unless expressly stated otherwise.
Any information, photos or other materials you send or post to the Sites or App (‘Your Materials’) remains your property, but we may use Your Materials as described in these terms. You may not use any Content on the Sites or App unless it is expressly stated that you may do so. Where there are assets you can download, you may use them to take part in the Egg Hunt and raise awareness of The Big Egg Hunt campaign, but not for any other purpose.
You may not:
use any Content on the Sites or App for personal gain, for any commercial purpose, to advertise or sell any products or services, or to promote a business;
copy, transmit, store or distribute any part of the Sites or App, unless we have expressly indicated in writing that you may do so. You may not alter, modify, adapt, reverse engineer, disassemble or create derivative works of any software which is accessible through the Sites or App; or
collect or use any personal details from the Sites or App.
We’ll tell you about certain hashtags for use on social media sites like Instagram, Facebook and Twitter that are associated with The Big Egg Hunt (‘Campaign Hashtags’). If you choose to submit a photo or comment or other information (also included in the definition of ‘Your Materials’) and include the Campaign Hashtag, we will share that information on our social media channels and our App. By submitting Your Materials in this way, you confirm that you are granting Elephant Family and Studio in a School a perpetual (and irrevocable), royalty-free, worldwide, non-exclusive license to use Your Materials for any purpose in any media in any part of the world. This includes the right for Elephant Family and Studio in a School to copy, edit, publish, grant sub-licenses, and exercise all other copyright and publicity rights over the material. You also waive all ‘moral rights’ in Your Materials.
If you do not wish to grant us these rights, please do not send or post Your Materials to the Campaign Hashtags, App or Sites.
You must not post or send any material or information to the Sites or App or any associated Big Egg Hunt partner that you do not have permission to use, for example clips of the artists or Eggs from TV shows. By sending or posting Your Materials to the Sites or App or Campaign Hashtag you warrant that:
Your Materials do not infringe any person?s intellectual property rights, which include any copyright, moral rights or trademark rights;
you have necessary permission from everyone in a picture or video. For children and young people the permission must be from their parent or legal guardian.
You should always give careful consideration before making public any personal information about yourself or anyone else (for example telephone number, school name, home address or email address), especially anything that could identify a child or young person.
Elephant Family and Studio in a School do not endorse Your Materials or any opinion, statement, or advice expressed by users of the Sites or App or campaign hashtags. To the fullest extent permitted by law, Elephant Family and Studio in a School expressly disclaim all liability in connection with Your Materials.
You may only use the Sites and App for lawful purposes and you agree to comply with all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of the Sites or App. You may not submit, publish, post, distribute or transmit any defamatory, offensive, infringing, obscene, indecent or unlawful or objectionable Materials.
If permitted or available through any feature or service on the Sites or App, you (a) upload content to the Sites or download content from the Sites or App via a mobile device, (b) receive and reply to messages from or on the Sites or App, or to access or make posts using text messaging, (c) browse the Sites or App from your mobile device and/or (d) access certain features through the mobile App you have downloaded and installed on your mobile phone (collectively the ‘Mobile Services’), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Elephant Family makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via email or SMS (Short Message Service, or ‘text messaging’) may result in wireless charges to both the sender and the receiver.
Registration and passwords:
If you register with us to participate in the Sweepstakes, Egg Hunt, or Auction, you agree:
to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Sites or App;
to notify Elephant Family and Studio in a School through www.thebigegghunt.org/contact immediately if you become aware of any improper or unauthorized use of the Sites or App or your details or your password;
not to do anything which would assist anyone who is not a registered user to gain access to any password-protected area of the Sites or App; and
not to create additional registration accounts for the purpose of abusing the functionality of the Sites or App, or other users, or to seek to pass yourself off as another user.
Donations and Auction bids:
There are a number of ways you can contribute to the work of Elephant Family and Studio in a School – you can donate via the Sites and win one of the Eggs on the Auction.
Please be aware that donations and Auction payments are non-refundable. In exceptional situations, for instance if there was an error processing your payment, we may be able to refund a donation or Auction payment. However, all refunds are at the sole discretion of the Elephant Family and Studio in a School Trustees, and we reserve the right to charge an administration fee should we need to.
Disclaimer of warranties
You understand and agree that your use of the Sites and App is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Sites.
The Sites, App and Content are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Elephant Family and Studio in a School make no warranties that the Sites, App or any Content or other material obtained through herein will meet your requirements, or that the Sites or App will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Sites or App, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Sites or App shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any performance degradation, interruption or delays of the Sites or App, or errors or omissions in any Content or other materials on or through the Sites or App. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Sites or App is non-infringing of any rights of any third party.
Elephant Family and Studio in a School make no representations that the Sites or App is appropriate or available to locations outside the United States. If you access the Sites or App from outside the United States you do so at your own risk and are responsible for compliance with applicable local laws or regulations.
Any decision or action taken by you on the basis of information or content provided on the Sites or App is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Sites or App.
LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY.
(PLEASE READ REALLY CAREFULLY – EVEN IF YOU ARE GETTING TIRED NOW)
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITES OR APP TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is our goal that the Sites and App meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Elephant Family at the address at the end of these terms. You then agree to negotiate with us in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Sites, App and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Releasees’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Releasees and/or the applicable third party(ies). You and we acknowledge that this agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the agreement (despite any other choice of law provision).
Arbitration under this agreement shall be conducted by JAMS. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with us as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of the Sites or App, then prior to accessing and/or using the Sites or App, you may opt-out of this part of the terms by sending written notification to Elephant Family at the address at the end of these terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES OR APP, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.-In no event shall any claim, action or proceeding by you related in any way to the Sites, App or this agreement be instituted more than three (3) years after the cause of action arose.
Who is behind The Big Egg Hunt and the Sites and App?
The Sites and App are owned and operated by Elephant Family and its licensors and content providers on behalf of The Big Egg Hunt, which is a joint initiative between Elephant Family and Studio in a School.
Elephant Family’s address is:
Elephant Family USA, Inc. c/o Chapel & York Limited
1000N. West St., Suite 1200
Wilmington, DE 19801
Studio in School’s address is:
The Studio in a School Association, Inc.
410 West 59th Street
New York, NY 10019
We respect the intellectual property of others, and we ask all visitors to the Sites and App to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Sites or App in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:
a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Sites or App;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner?s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Elephant Family USA, Inc.
c/o Chapel & York Limited
1000N. West St., Suite 1200
Wilmington, DE 19801
If you have any questions, complaints or claims about the Sites or App, or if you are having any technical difficulties with the Sites or App, please contact us at www.thebigegghunt.org/contact.