MAUI VACATION SWEEPSTAKES OFFICIAL RULES

Transcription

1 MAUI VACATION SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. 1. Eligibility: The Maui Vacation Sweepstakes (the Sweepstakes ) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-two (22) years of age at the time of entry. Employees of HumaneTrip.com (the Sponsor ), its Service Provider, the Sweepstakes licensors or prize suppliers, or any of their respective affiliates, subsidiaries, and advertising or promotional agencies (collectively, the Sweepstakes Entities ), or to the immediate family members of, or to any persons domiciled with, any such employees are not eligible to enter or to win a prize. For purposes of the Sweepstakes, immediate family members are defined as spouses, children, siblings, parents, grandparents and grandchildren. Void where prohibited or restricted by law. All federal, state and local laws apply. 2. Sweepstakes Period: The Sweepstakes begins on September 15, 2012 at 12:01 a.m. Pacific Time ( PT ) and ends on January 30, 2013 at 11:59 p.m. PT (the Sweepstakes Period ). The Sponsor s computer is the official time-keeping device for the Sweepstakes. 3. How To Enter: To enter the Sweepstakes, visit (the Website ) during the Sweepstakes Period and follow the links and instructions to complete and submit the online entry form. By successfully transmitting a completed online entry form as directed, you will receive one (1) entry in the Sweepstakes. Each entry must contain all required information in order to be eligible for the drawing. Incomplete and/or inaccurate entries are void. All entries must be received no later than 11:59 p.m. PT on January 30, Limit one (1) entry per person. Duplicate entries by any individual will be disregarded, and such entrant may be disqualified, at the sole discretion of the Sponsor. Proof of entry is not considered proof of delivery or receipt of such entry. Sponsor shall not have liability for any entry that is lost, delayed, intercepted or not received by Sponsor, for any reason. Any attempts by an individual to access the Sweepstakes on the Website via a bot script, other brute force attack, or to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices, or the attempt to annoy, abuse or threaten any other participant or Sponsor representative will result in that person becoming ineligible or disqualified and Sponsor shall have the right to disqualify entrant from the participation in any and all of Sponsor s current and future promotions. The decision of Sponsor to disqualify any entrant or entry shall be final and binding in all respects. All entries submitted become the property of Sponsor and will not be returned. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor s licensors and prize suppliers are not responsible for the operation and administration of this Sweepstakes, - 1

2 including but not limited to, the collection, submission or processing of entries and the selection of winners. 4. Winner Selection/Random Drawing: Potential winners will be selected in a random drawing conducted using randomization methods selected by Sponsor in its sole discretion to be held on or about January 31, 2013 from among all eligible entries. The random drawing will be conducted by representatives from Sponsor whose decisions are final and binding in all respects relating to this Sweepstakes. Odds of winning a prize will depend upon the total number of eligible entries received. 5. Prize: One (1) Grand Prize will be awarded to one (1) Grand Prize winner, consisting of the following: One (1) week (7 nights/8 days) of lodging at an Advantage Services vacation property located in Maui, Hawaii (maximum of one-bedroom accommodations for occupancy of up to four (4) people). The Approximate Retail Value of the lodging portion of the Grand Prize is: $2, USD; and Round-trip coach airfare for two (2) - the Grand Prize winner and his/her travel companion - between the major airport nearest to the Grand Prize winner s residence (and located in the United States) and Maui, Hawaii. The ARV of the air transportation portion of the Grand Prize is: $1, USD. Total ARV of Grand Prize: $4, USD. The award of all prizes is subject to verification of eligibility and compliance with these Official Rules. The Grand Prize winner must be at least twenty-two (22) years of age in order to redeem the Grand Prize and participate in the Grand Prize activities. The winner and his/her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. The winner and his/her travel companion are solely responsible for determining and obtaining all necessary travel documents and other travel requirements. Trip must be scheduled through Sponsor s designated agency and/or service provider in advance of travel. Travel dates are subject to availability and certain blackout dates or other restrictions may apply. No changes will be made to travel details once any portion of travel arrangements have been made, except at Sponsor s and its agency s and/or service provider s sole discretion. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in their sole discretion. Travel must originate from and end at the same airport. The dates of departure and return are subject to change at Sponsor s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Sweepstakes Entities will not be responsible for changes in schedule of any element of the Grand Prize, and will not be liable for any expenses incurred as a consequence of flight cancellation/delay. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel route and select vacation property in their sole discretion. The ARV for travel and lodging prizes - 2

3 is an estimate made before the Sweepstakes begins. The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. The winner will not receive cash or any other form of compensation if actual travel or lodging costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. All prizes are non-transferable and will be deemed void if sold, transferred, auctioned or assigned to any third person. In the event the winner and/or his/her travel companion engage in behavior that (as determined by Sponsor in Sponsor s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the winner and/or his/her travel companion home with no further compensation. Grand Prize trip must be taken, and travel must be completed, with a check-in date that is within twelve (12) months of prize being awarded. Lodging weeks typically run Saturday to Saturday and should be requested accordingly. Three (3) months advance notice may be required, and a minimum of three (3) date choices may be required. The definition of date choices is understood to mean different weeks (e.g. 10/13 to 10/20 or 10/20 to 10/27). Holidays or similar high demand times (special weeks) may not be available. If the winner is unable to participate in the Grand Prize trip during the dates set forth by Sponsor, the Grand Prize may be forfeited in its entirety. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. All expenses associated with Grand Prize travel package not specifically described herein shall be the sole responsibility of the winner and of his/her travel companion, including without limitation, local transportation, and food and beverages. The winner is solely responsible for payment of all federal, state and local taxes (and the reporting consequences thereof) on all prizes, and for any costs incurred or expenses relating to the acceptance and use of prizes. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute any prize or any prize component with another prize of equal or greater value. No transfer or assignment of any prize is permitted. 6. Winner Notification and Acceptance: The potential Grand Prize winners will each receive at least one (1) notification via and/or by telephone during regular business hours (9:00 a.m. and 5:00 p.m.), using the addresses and/or telephone numbers provided on the entry form. Each potential winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ( Affidavit ), which must be received by Sponsor within seven (7) days of the date of notice or attempted notice is sent, in order to claim the prize. The winner must also submit and sign any other legal documents which Sponsor may require (including W9 tax forms, where applicable). The person traveling as companion of the winner may also be required to complete and return a liability and publicity release before airline tickets or other components of the Grand Prize will be awarded. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, does not comply with these Official Rules, or prize or prize notification is returned as undeliverable, such winner may be disqualified and such prize may be forfeited and awarded to an alternate winner, in Sponsor s - 3

4 sole discretion. Non-compliance shall result in disqualification and possible award of the applicable prize to an alternate winner, in Sponsor s sole discretion. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. 7. Disclaimers: By entering, participants acknowledge and agree that neither the Sweepstakes Entities, any telephone network, nor service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access the Website or any other website or on-line service, fraud, or any other error or malfunction, or late, lost, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, stolen, damaged, or misdirected entries or entries not properly forwarded to Sponsor, all of which will be disqualified, or late, lost, stolen, damaged, destroyed, or misdirected prizes. Entry materials that have been tampered with or altered are void. Sponsor reserves the right to cancel or modify the Sweepstakes or modify these Official Rules for any reason, including without limitation, if fraud, technical failures or any other factor beyond Sponsor s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. If Sponsor determines, in its sole discretion, that there is any suspected or actual electronic tampering with the Sweepstakes or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void the entries at issue and conduct a random drawing to award the prizes using all eligible entries received as of the termination date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at the Website. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action. Entry must be made by the entrant, only at the Website. Entries made by any other individual or entity and/or originating at any other Internet website or address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and as such ruled ineligible for this Sweepstakes. By participating in the Sweepstakes, each entrant accepts all risks and consequences of entry and participation in the Sweepstakes and hereby forever and irrevocably releases and holds harmless the Sweepstakes Entities and each of their parents, affiliates, subsidiaries, and the officers, directors, and employees, representatives, successors and assigns of each (collectively, Releasees ) (i) from any claims, liabilities, law suits, judgments, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property), costs, and expenses (including attorneys fees) under any legal theory, arising from, resulting from or in connection with the Sweepstakes, including but not limited to, the entry and participation in the Sweepstakes or in any Sweepstakes related activity, or from entrant s acceptance, receipt, possession, delivery, and/or use, non-use or misuse of any prize, any claims based upon the rights of publicity and invasion of privacy even if the Releasees were aware of the possibility of such consequences, the participation in any trip or trip related activity, any delay, interruption, early termination or forfeiture, in whole or in part, of any prize trip or related travel, lodging or trip related activity (before, during or after) even if any of the Releasees were aware of the possibility of such consequences, and (ii) have not made any warranty, representation or guarantee express or - 4

5 implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, to its quality, mechanical condition, safety, performance, the implied warranties of merchantability and fitness for a particular purpose. By accepting a prize, the winner agrees to the use of his/her name, photograph, likeness, voice, statement, and/or city/state of residence by Sweepstakes Entities, or any party authorized by Sweepstakes Entities, for advertising and promotional purposes worldwide in perpetuity and in any and all media without additional notice, compensation, right to review or receive notice, where permitted by law. Prizes will only be awarded to a verified winner. By participating in this Sweepstakes, entrants agree to abide by and be bound by these Official Rules, and understand that the Sweepstakes results are final in all respects. Entrant is responsible for any online charges incurred by Internet service providers, if any. 8. Disputes/Choice of Law: Except where prohibited or as otherwise restricted by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes (excluding any and all disputes, claims and causes of action arising out of or connected with the use of any of the prizes awarded in the Sweepstakes) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Nevada or the appropriate Nevada State Court located in Clark County, Nevada; (2) any and all claims, judgments and awards shall be limited to actual-out-ofpocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules. 9. Privacy: Information collected from entrants is subject to the Sponsor s Privacy Policy. Entrants should review this policy at the Website. Except as provided in these Official Rules or as agreed to at time of entry, any entry information collected from the Sweepstakes shall be used in accordance with the Privacy Policy located at the Website. 10. Winner Identification: The winner s name may be posted on the Website, as determined by Sponsor in its sole discretion. To obtain the winner s name by mail, mail a self-addressed, stamped envelope to: Maui Vacation Sweepstakes Winner s Name, P.O. Box 35076, Las Vegas, Nevada Winner s name will be sent after all prizes have been awarded. Requests for the winner s name must be received by February 28, Sponsor: This Sweepstakes is sponsored by HumaneTrip.com, P.O. Box 35076, Las Vegas, Nevada