Terms & Conditions
2012 Official Give-Away Rules (the “Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
This Giveaway is sponsored by OO, Inc.having an address of 2658 Del Mar Heights Road, #425, Del Mar, California 92014, USA (the “Sponsor”).
This Give-Away (the “Give-Away”) is open to individuals who are legal residents of the fifty (50) United States or the District of Columbia and who are 21 years of age or older as of the date of entry. VOID IN ANY LOCATION WHERE PROHIBITED, RESTRICTED OR TAXED. Employees of the Sponsor, its affiliates, their advertising or promotional agencies, and those involved in the production, development, implementation of handling the Give-Away and their immediate family members (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible to participate in the Give-Away. By entering the Give-Away, you are confirming that you have legal capacity to enter the abovementioned and agree to these Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract).
THE GIVE-AWAY PERIOD
The Give-Away begins on January 15, 2012 at 11:59 pm Central Time and ends January 31, 2012 at 11:00 am Central Time (the “Entry Period”).
HOW TO ENTER
To enter in the Give-Away you must register for the Gaytravel Newsletter on the website at http://www.gaytravel.com (the “Website”) during the Entry Period, providing all the requested information, including the following:
a. full name
b. email address
c.c. birth date
d. phone number
Upon Registration, eligible entrants will automatically be entered into the Give-Away (the “Entry”). Existing Gaytravel Newsletter subscribers may re-register for the Gaytravel Newsletter during the Entry Period to obtain an Entry. All Entries must be received by January 31, 2012 at 11:00 am Central Time. No other methods of entry will be accepted. Limit: one Entry per person and per email address.
In the event a dispute over the identify of an entrant, the natural person who holds title to the account for the email address submitted with the Entry shall be deemed the entrant. Proof of identity and title to the email account may be required. Use of a false email address, or an incorrect mail address will disqualify an entry. BY ENTERING THIS GIVE-AWAY, YOU AGREE THAT ALL SUSPECTED FRAUDULENT OR IMPROPER ENTRIES WILL BE DISQUALIFIED BY SPONSOR AT ITS SOLE DISCRETION.
Sponsor is not responsible for failed, incorrect, inaccurate, incomplete, lost, late, misdirected, illegible, mutilated, garbled or delayed Entries or other communications or other problems related to transfer or collection of Give-Away Entry information or other information. Sponsor, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the Give-Away, or who otherwise violates these rules.
Proof of submission is not proof of receipt. Sponsor, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the Give-Away, or who otherwise violates these rules. Sponsor reserves the right to make any investigation into the eligibility of an entrant and delay the award of any prize during the investigation for any period of time deemed necessary and pending the receipt of any and all information deemed necessary. Sponsor’s decisions resulting from any such investigation shall be final and binding in all respects. Give-Away is void where prohibited, restricted or taxed by law. All federal, state and local laws and regulations apply.
The Give-Away consists of an opportunity for you and a guest to attend 2012 Winter Party Festival in Miami, Florida, USA
There is one prize to be awarded on the basis of a random drawing among eligible entrants, as follows:
Three (3) nights hotel stay at a hotel located in Miami, FL (to be determined by Sponsor in Sponsor’s discretion at time of booking, includes room and tax only, based on double occupancy); (ARV: $1400)
Two (2) Winter Party Festival Gold Passes; tickets gain access to Winter Party Beach Party, Under One Sun Pool Party, Mercury Rising (friday night dance party), Flare (Saturday night dance party), Boiling Point (Sunday night dance party.)
Approximate Retail Value of Prize: Two Thousand Seventy Dollars ($2070). Odds of winning depend on the number of eligible entries received during the Entry Period.
Prize and components thereof are NOT transferrable. Prize and prize components cannot be returned, substituted, or exchanged for cash or other items, except that Sponsor reserves the right to provide a substitute prize of approximately equal or greater value if the advertised prize or any component thereof becomes unavailable. Prize details are at Sponsor's sole discretion. Ground transportation, meals, in-room or other personal charges at lodging (e.g., mini-bar, movies), telephone calls, gratuities, incidentals, and all other expenses are not included. Winner will be required to put down a credit card upon hotel check in.
Winner must pick up Gold Passes in Miami at host location. Winner may be required to show valid photo identification.
Trip must be taken between March 2, 2012 – March 5, 2012. Winner must notify Sponsor of dates of travel no later than February 10, 2012.
One prize per person, per household, and per e-mail address.
Please note the following additional conditions/restrictions:
1. Winner’s guest must be 21 years of age or older at the time of travel. Winner’s guest will be required to sign a Liability/Publicity Release to be received by Sponsor at least fourteen (14) days prior to travel or guest will not be able to accompany winner during the trip.
2. Winner will be responsible for all other expenditures not specifically mentioned in these Rules. Travel and hotel component of prize must be taken by February 10, 2012 or the entire prize will become void and no amount of the prize, including any cash amount, will be awarded.
3. Winner acknowledges that the prize is awarded “as is” according to the terms & conditions set forth herein. The winner further acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize or any component thereof.
4. The prize will be awarded if properly claimed according to the Rules and if there are sufficient eligible entries.
5. Winner will release and indemnify Sponsor from any losses or damages whether by tort or civil in nature, arising from or related to the booking, use, misuse, or travel to or from or in connection with the Prize.
6. The winner and his or her guest will be responsible for obtaining travel insurance and travel papers, including passports and visas and, where necessary, for obtaining appropriate vaccinations and inoculations are in good order and are valid prior to and for the duration of the trip. It is strongly recommended that travelers take out adequate travel insurance.
7. Sponsor assumes no responsibility for any cancelled, delayed, suspended or rescheduled events once any tickets have been issued in relation to the prize for any reason.
Winner will be selected in a random drawing on or about January 31, 2012 (“Drawing Date”) from all eligible entries received for the Give-Away. The drawing will be conducted by Sponsor or its designee, the judge of the Give-Away, whose decisions are final and binding, at Sponsor’s address set forth in these Official Rules 444 South Cedros, Suite 165, Solana Beach, CA 92075. Potential winner will be notified on or about the Drawing Date by an email sent to the email address specified in the entry, and will be asked to provide his or her full name, age and mailing address. If potential winner cannot be contacted at this email address, is contacted and does not respond as directed within 24 hours of attempted notification, refuses the prize, is ineligible to accept the prize or does not otherwise comply with the Official Rules, the prize may be forfeited and awarded to an alternate winner. Potential winner may be required to complete and sign an Affidavit of Eligibility and, except where and as prohibited, a Liability Release and Publicity Release in the form provided by Sponsor within 24 hours of first attempted notification in order to claim the prize. Potential winners may be required to show proof of identification within 24 hours of first attempted notification, or the prize may be forfeited and awarded to an alternate winner.
Sponsor is not responsible for email notifications that do not reach a potential winner due to Internet malfunction or the filtering of emails by "spam filters" or any other reason. Sponsor is not responsible for any failure to contact entrants, whether due to technical or human error, or for any errors in any Give-Away related material.
Limit one (1) prize per person, per email address, and per household.
The Sponsor reserves the right to terminate, cancel or modify the online entering procedure or disqualify any entrant if, in Sponsor's sole judgment, it determines that the integrity or fairness of the Give-Away has been, or could be, compromised or that the Give-Away is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. Should this Give-Away be terminated or cancelled prior to the end of the Period, the winner will be selected from all eligible, non-suspect entries received from Give-Away start to cancelation date.
By participating in the Give-Away, you agree to be bound by these Official Rules (which may be amended or varied at any time by us with or without notice) and by our decisions, which are final in all matters relating to these Official Rules, the Give-Away, the drawing and/or the results and no correspondence or discussion shall be entered into. Any changes to these Rules will be posted on the Give-Away Website.
The Sponsor accepts no responsibility for any incorrect or inaccurate information and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, internet failure, theft or destruction or unauthorized access to entries and/or the Give-Away Website, entries lost or delayed, whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control (to the fullest extent permitted by applicable laws).
Sponsor is not liable for any costs, claims, damages or loss whatsoever suffered by any person as a result of entering this Give-Away occasioned by any failure, however caused, in the fulfillment of the terms of this Give-Away.
These Giveaway Rules, the Give-Away, the Website, the Give-Away and any related advertising, will be governed by and construed in accordance with the laws of the State of California exclusive of conflicts of laws principles and any dispute arising out of or in connection with this Give-Away shall be subject to the exclusive jurisdiction of the courts of San Diego County in the State of California. In addition, all federal, state and local laws and regulations apply. If any provision of the Give-Away shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Give-Away in any jurisdiction, Sponsor reserves the right to (i) terminate the Give-Away in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Give-Away any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any entrants. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Any and all disputes, claims and causes of action arising out of this Give-Away or the prizes awarded shall be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Give-Away but in no event attorneys' fees; and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses (collectively, “Special Damages”), and entrant waives all rights to claims Special Damages and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All taxes are winner’s responsibility and a 2012 Form 1099 will be issued to the winner of the Prize.
By entering this Give-Away, the entrant explicitly releases, discharges and holds harmless the Sponsor, the Administrator, their respective affiliates, and their respective shareholders, employees, directors, agents, successors and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which she/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of or in connection with his/her participation in the Give-Away and the acceptance, use, misuse, or travel to or from or in connection with any prize or prize-related activity. By accepting the prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption, and 2) claim any liability (including legal and experts' fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto).
By entering this Give-Away, entrants agree (a) to be bound by these Official Rules and the decisions of Sponsor; (b) to be contacted by Sponsor or its agents by telephone, mail or email regarding this Give-Away; and (c) as a condition of entry, Sponsor has the right to use any winner’s first name, last name, and city and state, photograph, image, and likeness on Sponsor’s websites and in any and all publicity and advertising for Sponsor or its related entities, including but not limited to Gaytravel.com, without any further attribution, notification or compensation to entrant except where prohibited by law.By entering the Give-Away, entrant assumes sole liability and accepts all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in this Give-Away or the acceptance, possession, shipping and handling, loss, use or misuse of, or travel to or from or in connection with the Give-Away or any prize awarded.
By entering the Give-Away, entrant releases and holds harmless Sponsor and its parent companies, subsidiaries, affiliates, and the directors, officers, employees or agents of each, from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) arising out of or in connection with the Give-Away, with the acceptance, possession, use, or misuse of any prize, or while traveling to or from any Give-Away or prize related activity.
Winner’s List: The Winner’s name and home state will be available for one (1) month following the winner on the Website and the Winner’s name may also be obtained by sending a self-addressed stamped envelope, after the winner has been announced, to OO, Inc. 2658 Del Mar Heights Road, #425, Del Mar, California 92014, USA to be received by Sponsor by January 31, 2012, to (Attention: Gay Ski Week Give-Away Winner’s List).