“KENYA EXPEDITION VOLUNTEER TRIP” SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
WINNER MUST HAVE VALID U.S. PASSPORT, TRAVEL TO/FROM AFRICA THROUGH CANADA ON SPONSOR-SELECTED DATES, PROVIDE PROOF OF TRAVEL CANCELLATION INSURANCE, FLYING DOCTORS INSURANCE, AND REQUIRED IMMUNIZATIONS, OBTAIN A KENYAN ENTRY VISA, AND SIGN PRIZE RELATED RELEASES AND FORMS AS A CONDITION TO RECEIPT OF PRIZE, OR PRIZE WILL BE FORFEITED.
BY ENTERING, EACH ENTRANT AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The “Kenya Expedition Volunteer Trip” sweepstakes (“Sweepstakes”) is only open to legal residents of one of the fifty (50) United States or the District of Columbia, who are between the ages of eighteen (18) years and twenty-two (22) years (inclusive), at the time of Entry (defined below) and have a valid United States passport for international travel. Employees of TakePart, LLC (“Sponsor”), Participant Media, LLC, Me to We Trips Inc. (“Prize Provider”), and their respective parents, and each of their respective divisions, affiliates, subsidiaries, advertising agencies and promotional partners associated with this Sweepstakes, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter or win a Prize. For the purpose of this Sweepstakes, relatives are defined to include spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law.
- ENTRY PERIOD: The Sweepstakes begins on or about 9:00 am Eastern Time (“ET”) on January 26, 2012 and ends at 11:59:59 pm ET on February 26, 2012 (the “Sweepstakes Period”).
- HOW TO ENTER: To enter, please visit www.takepart.com (“Website”), complete a registration form with your name, birthdate and e-mail address, and follow the on-screen instructions and links to completely fill out and submit your entry (“Entry’). Entries must be received during the Sweepstakes Period. For purposes of this Sweepstakes, an Entry is “received” when the Entry is completed and submitted at the Website and the Website’s servers record the receipt of the Entry. Proof of sending an Entry (such as a “thank you” screen or confirmatory message) does not constitute proof of actual receipt by Sponsor of an Entry for purposes of this Sweepstakes. The Website’s database clock will be the official time keeper for this Sweepstakes. Entries that are forged, altered, incomplete, lost, late, misdirected, illegitimate, garbled, illegible, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. There is a limit of one (1) entry per person. Those who do not follow all of the instructions, provide the required information in their Entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.
- ODDS/SELECTION OF WINNER: Odds of winning depend on number of eligible Entries received during the Sweepstakes Period. Within ten (10) days of the end of the Sweepstakes Period, a random drawing from among all eligible Entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to select one (1) potential “Winner”, subject to confirmation that the potential Winner has met the eligibility requirements and complied with these Official Rules. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Official Rules, and the selection of the Winner will be final. The potential Winner will be notified that s/he may have won a Prize in this Sweepstakes (subject to Sponsor’s verification procedures) by e-mail (at Sponsor’s sole discretion) within seven (7) days of drawing. The potential Winner of the Sweepstakes may be required to complete, sign and notarize (if applicable) an affidavit of eligibility/release of liability/Prize acceptance agreement, tax forms and the Me to We Trips International Volunteer & Leadership Group Trips Application Package (collectively, the “Winner Documents”) and return the Winner Documents before being eligible to receive his or her Prize. If any potential Winner fails or refuses to sign and return such Winner Documents within ten (10) days of the first (1st) notification attempt or if the Winner Documents are returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. Parents or legal guardians of any Winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Winner Documents in order for the Winner to be qualified to receive their Prize. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential Winner may then, in Sponsor’s sole discretion, be selected. The Winner Documents are subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winner(s), or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent. If a potential Winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information notifying the Sponsor. Failure to update such registration information may affect a potential Winner’s ability to receive a Prize.
- PRIZE(S): Sponsor will be awarding Winner with one (1) 18-day to 20-day “Me to We International Volunteer & Leadership Group Trip” to Kenya on Sponsor-selected dates on either July 18, 2012 to August 8, 2012; July 21, 2012 to August 10, 2012; July 22, 2012 to August 11, 2012; August 9, 2012 to August 29, 2012; or August 10, 2012 to August 30, 2012 (“Prize”), consisting of (i) one (1) roundtrip economy/coach airline ticket for the Winner via a Sponsor-selected air carrier to Nairobi, Kenya via Toronto Canada; (ii) accommodations, three (3) daily meals for the Winner while in Kenya; (iii) ground transportation to and from the airport and Winner’s accommodations in Kenya; (iv) one (1) full day safari with trained Maasai guides; and (v) various volunteer and leadership activities, possibly including but not limited to assisting with community development projects, Swahili lessons and/or environmental walks with local experts. The total approximate retail value (“ARV”) for the Prize is Four Thousand, Nine Hundred Dollars $4,900. Actual retail value of Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. All travel arrangements must be made through the Prize Provider. Certain restrictions and black out dates may apply. The Winner must travel as and when designated by Sponsor or the Prize may be forfeited and an alternate Winner chosen.
The Winner must possess all required travel documents. It is the responsibility of the Winner to provide proper documentation (including a United States passport valid for at least six (6) months after the conclusion of the Prize, and a Kenyan Entry Visa). The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The Winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Prize begins and ends at the point of departure.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, Prize providers or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other Prize element except at the sole and absolute discretion of Sponsor. Additional Prize award details and travel information to be provided to the Winner at the time of Prize notification. Winner is also responsible for obtaining all forms of insurance not specifically provided as part of the Prize above and hereby acknowledge that Sponsor has not and will not obtain or provide such insurance. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Prize package, and are solely the Winner’s responsibility, including, but not limited to: medical evacuation insurance, visas, immunizations and prescriptions, additional meals, additional ground transportation at the Winner’s home and/or destination(s), travel insurance, bag check fees, parking fees, laundry service, alcoholic beverages, merchandise, souvenirs, telephone calls, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. If, for whatever reason, any event associated with the Prize is cancelled after the Prize is awarded, Sponsor’s liability for the Prize is limited only to the non-event portions of the Prize. No compensation will be paid in lieu of the cancelled event.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and Prize provider's rules and restrictions, and Sponsor may elect to provide Winner with the approximate value of such item in cash or award an alternate Prize of comparable or greater value for any reason, including, without limitation, if Sponsor is unable to provide the Winner with their Prize. In the event Winner engages in behavior that (as determined by Sponsor or any Prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, 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. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive, regardless of whether it, in whole or in part, are used. ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received. Unclaimed Prizes will be forfeited.
The Prize, if legitimately claimed, will be awarded. If a Winner does not accept or use the entire Prize, the unaccepted or unused Prize or portion thereof will be forfeited and Sponsor will have no further obligation with respect to that Prize or Winner. No more than the stated Prize will be awarded.
9. LIMITATION OF LIABILITY: By PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT agreeS TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY Sponsor, PARTICIPANT MEDIA, LLC, pRIZE PROVIDER., THEIR RESPECTIVE parentS, AND EACH OF THEIR RESPECTIVE divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies, and the respective officers, directors, MEMBERS, employees, representatives and agenTs of each OF THOSE PARTIES (collectively, “SWEEPSTAKES Entities”) from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the SWEEPSTAKES and/or related to any Prize (including, without limitation, losses, damages or injuries to Entrant's or any other person’s equipment or other property, or to their persons, related to participation in the SWEEPSTAKES; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any SWEEPSTAKES activity and/or Prize). Without limiting the generality of the foregoing Entrants agree that SWEEPSTAKES ENTITIES: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the SWEEPSTAKES and/or with respect to Prize, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with the SWEEPSTAKES; and (C) will not be responsible or liable for any injury, damage, DEATH, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the SWEEPSTAKES ENTITIES, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless SWEEPSTAKES ENTITIES from and against any and all liability resulting or arising from the SWEEPSTAKES and to release all rights to bring any claim, action or proceeding against THE SWEEPSTAKES ENTITIES. Sponsor is not responsible for the actions of Entrants in connection with the SWEEPSTAKES, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the SWEEPSTAKES.
Further, EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. ADDITIONAL DISCLAIMERS: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by a Sweepstakes Entity, the Entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information. Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify an Entrant, if his or her e-mail address does not work or if it is changed without Entrant giving prior written notice to Sponsor. Sweepstakes Entities are not responsible or liable to any Entrant or to the Winner or any person claiming through such Winner for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Sweepstakes Entities’ sole control.
11. GENERAL RULES: Each Entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), biographical data, photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Winner waives any right to inspect or approve any such use. Entrants, as a condition of Entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Those who do not follow all of the instructions or provide the required information in their Entry form, or abide other instructions of Sponsor may be disqualified. Entrants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right, in Sponsor’s sole discretion, to void entries of any Entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. If any Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in Sponsor’s sole discretion, to cancel, modify or suspend the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize will forfeit any Prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the registered account holder of the e-mail address submitted at time of Entry, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner(s) may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Disputes/Governing Law: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes that cannot be resolved between the Entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the Prize awarded, or the determination of the Winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and Entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without reference to its conflicts of law principles. Venue will be exclusively in the state or federal courts located in Los Angeles, California, and each Entrant accepts and submits to the personal jurisdiction of these courts.
In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of any Sponsor property or production, this Sweepstakes, any website, content, advertising or other materials used, displayed or issued in connection with the Sweepstakes or any Sweepstakes submission or Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law
13. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of these Official Rules or for notification of the Winners, send a self-addressed stamped envelope to: TakePart, LLC, 331 Foothill Road, 3rd Floor, Beverly Hills, California, 90210. Attention: Business & Legal Affairs. Please specify whether you are requested a copy of these Official Rules or a Winner’s list and the name of the Sweepstakes. Requests for Winners' lists must be received no later than three (3) months after the end of the Sweepstakes Period. Vermont and Washington residents may omit return postage with Official Rules requests.
14. SPONSOR: TakePart, LLC, 331 Foothill Road, 3rd Floor, Beverly Hills, California, 90210.
15. MISCELLANEOUS: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. If you enter the Sweepstakes, Sponsor will have access to your personal information. By entering the Sweepstakes on the Sweepstakes Website, you accept Sponsor’s Privacy Policy (click to link) and Terms of Use (click to link), each as posted on the Sweepstakes Website.
//End of Official Rules//
