OFFICIAL RULES
“The Power Trip Southern Caribbean Cruise Sweepstakes”
By submitting one or more entries to “The Power Trip Southern Caribbean Cruise Sweepstakes” (“Promotion”), you agree to the following rules and terms:
NO PURCHASE NECESSARY. A PURCHASE OF A PRODUCT OR SERVICE FROM QUEERTY, INC OR ITS AFFILATED COMPANIES WILL NOT IMPROVE YOUR CHANCE OF WINNING. Participation requires internet access.
Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 21 years of age at the time of entry.
1. To Enter. To enter the “The Power Trip Southern Caribbean Cruise Sweepstakes”, simply visit the website at https://www.queerty.com (the “Site”) during the Promotion Period (defined below). Submit your entry by fully completing the entry form at the Site, including all required fields as indicated on the form, and clicking the “Submit” button. Promotion begins on or around January 7, 2013 12:00 p.m. Eastern Standard Time (“ET”) and all entries must be received by January 25, 2013 10:00 a.m. ET (the “Promotion Period”). Limit one (1) entry per person or per household. All entrants must have a valid email address. In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Queerty, Inc, (“Sponsor”), and its parent companies, subsidiaries, affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP unavailability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter this Promotion, including any injury or damage to any entrant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. All entries become the sole property of Sponsor and receipt of entries will not be acknowledged or returned.
2. Random Drawing. From all eligible entries received during the Promotion Period, a random drawing to select one (1) winner (the “Winner”) will be held on or about January 25, 2013 by Sponsor, whose decisions concerning all matters related to this Promotion are final. The potential Winner will be notified by e-mail on or about January 25, 2013 . The potential Winner will be required to sign and return an affidavit of eligibility and publicity/liability release within three (3) days of notification attempt or prize may be awarded to an alternate. If the potential Winner cannot be contacted within five (5) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if the Winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and may be awarded to alternate eligible entrant selected in a random drawing by Sponsor. Upon prize forfeiture, no compensation will be given.
3. Prizes; Odds. One (1) Winner will receive, a trip for Winner and one (1) guest aboard Holland America Line’s Eurodam as part of RSVP Vacations Southern Caribbean Cruise trip to sail out of Fort Lauderdale on February 9, 2013 to February 16, 2013 (the “Trip Package”). Additional details on The Trip Package can be found at http://www.rsvpvacations.com/cruise_2013_caribbean.aspx. The Trip Package includes seven (7) days ocean-view cabin (one room, double occupancy) of Sponsor’s choice. Winner will also receive an autographed copy of The Power Trip by Jackie Collins. Approximate retail value (“ARV”) of the prize: $3,000 USD, which will be reported to the Internal Revenue Service as required by law. Any difference between the actual retail value and the ARV will not be awarded. Prize expressly does not include federal, state and local taxes, port fees, pre-paid on-board gratuities, ground and/or air transportation to/from the Winner’s residence, travel insurance, meals, gratuities, travel upgrades, fees, service charges, passenger facility charges or any other expenses not specifically listed herein, and any such unspecified expenses shall be the sole responsibility of the Winner. Winner and guest will each be responsible to pay for their own Port Fees ($205 per person), and pre-paid gratuities ($80.50 per person). Winner and winner’s guest must be 21 years of age or older. Winner and guest are solely responsible for obtaining valid passports and any other documents necessary for international travel. Sponsor is not liable for delays, cancellation or unforeseen events related to flights or travel. Sponsor will not replace any lost, mutilated or stolen tickets, travel vouchers or certificates.
Odds of winning depend on the number of eligible entries received.
4. Eligibility. Only open to residents of the fifty (50) United States and the District of Columbia, age twenty-one (21) and older as of the date of entry. Employees, officers and directors, and members of their immediate families (parents, children, siblings, spouse) or of the same household (whether related or not), of Sponsor, or any of their respective parent companies, subsidiaries or affiliates, and any of their respective advertising, promotion and production agencies, are not eligible to enter. This Promotion is intended for viewing and participation in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Promotion if you are not located within the United States. Void outside of the fifty (50) United States and the District of Columbia, and where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply. Any entrant can win only one Sponsor promotion in a given calendar year. Previous year’s winners of a promotion cannot win the grand prize of a future year’s similar promotion (e.g. last year’s winner of the Pride Challenge cannot win the grand prize in a future year’s pride challenge).
5. Conditions. No cash substitutions, transfer or assignment of prize or any component thereof allowed, except by Sponsor who reserve the right to substitute a prize of equal or greater value in the event of unavailability. Sponsor and its advertisers hereby disclaim that the prize cannot be assigned, transferred, exchanged or redeemed for cash. If Winner chooses to take Grand Prize without a Guest(s), the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Grand Prize obligation to Winner and no additional compensation will be awarded. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Prize may not be combined with any other. All travel and lodging will be at the risk of Winner and Guests. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation, security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
By accepting prize, Winner grants to Sponsor the right to use his/her name, likeness, photograph, picture, portrait, voice, hometown, statements and biographical information in advertising and promotional materials, in any media now known or hereafter developed, including without limitation on the Site, worldwide, in perpetuity, without further compensation, notification or permission, except where prohibited by law. By participating and/or accepting a prize, each entrant and the Winner releases Sponsor, and each of their respective advertising and promotion agencies and each of their respective parent companies, subsidiaries, affiliates, partners, suppliers, successors, assigns, employees, officers, directors and agents (collectively, the “Released Entities”) from any and all liability for any loss, harm, damage, injury, cost or expense, including without limitation property damage, personal injury and/or death, arising out of preparation for, travel to or participation in this Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of the prize and for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified.
6. Additional Terms. Sponsor reserve the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserve the right, at their sole discretion, to disqualify any individual they find, in their sole discretion, to be tampering with the entry process or the operation of the Promotion or the Site. Sponsor may prohibit an entrant from participating in the Promotion or winning the prize if, in their sole discretion, they determine that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Use of Data. Sponsor will be collecting personal data about entrants online. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information as outlined at https://www.queerty.com/terms-of-use/ and https://www.queerty.com/privacy-policy/) including sharing the obtained data with other promotional partners including GayCities, Jackie Collins, RSVP Vacations and Atlantis Events.
8. Electronic Mail Messages. Entrants agree to receive electronic mail messages from Sponsor and parties mentioned in Section 7 above, which may consist of transactional/relationship and/or commercial electronic mail messages, as defined in the Federal CAN-SPAM Act of 2003. Pursuant to that act, you may request not to receive further commercial electronic mail messages from us by following the “unsubscribe” instructions included in such messages. However, you explicitly waive any rights you may have to seek actual or statutory damages for the receipt of such messages, whether authorized in the CAN-SPAM Act or under any other federal, state, or local law.
9. Winner’s Name. You may request the name of the Winner by sending a self-addressed, stamped envelope by February 30, 2013 to “The Power Trip Southern Caribbean Cruise” Promotion Winner’s Name, c/o, Queerty, Inc. 584 Castro St. #623, San Francisco, CA 94114.
10. Indemnification. You agree to defend, indemnify and hold Sponsor and its owners, managers, employees, agents, advertisers and affiliates harmless against any claims, damages or liability arising from your use of this web site, your participation in the Promotion, or your compliance with or breach of these terms, including, but not limited to all claims for copyright infringement; model, property, or trademark infringement; or any other cause related to your submission, including but not limited to actual damages, statutory damages, punitive damages, and attorneys’ fees and costs.
11. General Information. These Rules & Terms, together with Sponsor’s terms of use and privacy policy constitute the entire agreement between you and Sponsor, superseding any prior agreements between you and Sponsor. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Rules & Terms and the relationship between you and Sponsor shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Sponsor agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Sponsor to exercise or enforce any right or provision of the Rules & Terms shall not constitute a waiver of such right or provision. If any provision of the Rules & Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Rules & Terms remain in full force and effect. The section titles in the Rules & Terms are for convenience only and have no legal or contractual effect.
12. RESERVATION OF RIGHTS
Sponsor reserves the right to change these rules and terms, or to discontinue the Promotion, at any time and without notice.
13. Sponsor. This Promotion is sponsored by Queerty, Inc. 584 Castro St. #623, San Francisco, CA 94114
