Viator Macau Contest – Official Rules

 

Win a trip for 2 to experience Macau Contest – Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.  VOID WHERE PROHIBITED.

The “Win a trip for 2 to experience Macau Contest” (the “Contest”) is a skill-based contest sponsored by Viator Inc. (“Viator”) and the Macau Government Tourist Office (“MGTO”), where participants, in 10 words or less (and in accordance with these Official Rules (“Rules”)) will tell us why they want to go to Macau.  During the Contest Period (from January 15, 2014 through February 3, 2014), individuals may submit their 10 words or less statement (the “Entry”) to Viator’s Facebook page, as set forth below.  At the conclusion of the Contest Period, a panel of judges from Viator will choose the winning Entry.  Upon verification and subject to compliance with these Official Rules, the Contest Winner will receive the following prize package valued at approximately $4500:

 

  • Two round-trip coach plane tickets from a major U.S. city to Macau
  • Two (2) Macau tours for Contest Winner and Guest
  • Two round-trip ferry tickets from Macau to Hong Kong
  • Macau hotel lodging for 5 nights (single room; double occupancy). 

 

Plane tickets will be provided by the MGTO.  Viator will provide tours and lodging.  See below for complete prize details, terms, and restrictions.

 

BY SUBMITTING AN ENTRY, YOU ARE ENTERING THE CONTEST AND AGREEING TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSORS AND THE JUDGES, WHICH ARE FINAL.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK. 

  1. I.                   Binding Agreement

In order to participate in the Contest, you must agree to these Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an Entry in the Contest constitutes your agreement to be bound by these Rules and by the decisions of the judges, which will be final.  You may not submit an Entry to the Contest and are not eligible for selection unless you agree to these Rules and conditions. These Rules form a binding legal agreement between you and Sponsors with respect to the Contest.

  1. II.                Sponsors

The Contest is sponsored by Viator, Inc. (“Viator”) a Delaware corporation with its principal place of business at 657 Mission Street, Suite 500, San Francisco, CA 94105; and the Macau Government Tourist Office (“MGTO”), with its U.S. office is located at 6033 West Century Bl. suite 900
Los Angeles, CA 90045.

 

 

.  Viator and MGTO are collectively the “Sponsors”.

  1. III.             Eligibility Requirements

Requirements for eligibility to participate in the Contest are as follows:

  1. 1.      You must be 21 years of age or older as of January 15, 2014.
  2. 2.      You must be a legal resident of the fifty (50) United States or the District of Columbia. 
  3. 3.      The following individuals are NOT eligible to enter and their entries will not be considered:  Employees of Viator or MGTO, or any of their respective parents, subsidiaries and affiliated companies, or any promotion, advertising, judging or public relations company doing business with any of the above, or any of their respective parents, subsidiaries and affiliated companies, or a member of the immediate family (parent, children, siblings, spouse, regardless of where they live) or any individual living in the same household of such employees (whether related or not).
  4. 4.      The Contest is operated under and in accordance with U.S. laws.  This Contest is void where prohibited.

 

IV.             Contest Period and Entry Requirements

  1. 1.      Entries will be accepted starting at 12:01pm Pacific Standard Time (PST) on January 15, 2014, and ending at 11:59am PST on February 3, 2014 (the “Contest Period”). The potential Contest Winner will be notified the week of February 3, 2014.  Subject to compliance with these Official Rules, the Contest Winner will be announced the week of February 10, 2014.
  2. 2.      To enter the Contest, visit the Viator Facebook Fan Page (the “Contest Site”) at http://www.facebook.com/ViatorTours during the Contest Period and follow the instructions for submitting your reason, in 10 words or less, why you want to go to Macau (the “Entry”).
  3. 3.      In order to be accepted, your Entry must be submitted via the contest tab on the Contest Site. 
  4. 4.      LIMIT:  Only one Entry per person, regardless of email address or Facebook account utilized.

 

 

V.                Entry Requirements/ Restrictions/ Intellectual Property Rights

  1. 1.      By entering the Contest, you represent and warrant that your Entry complies with the following requirements and restrictions:
    1. a.       The Entry must be Entrant’s original creation and owned one hundred percent (100%) by the Entrant;
    2. b.      The Entry must be in English;
    3. c.       The Entry cannot have been submitted previously in a promotion of any kind, including in this Contest, or exhibited or displayed publicly through any means;
    4. d.      The Entry must not depict or refer to any public figures;
    5. e.       Any persons mentioned in the Entry must have given written permission and released all liability for Entrant’s use of the Entry including as an Entry in this Contest and subject to these Official Rules and the rights granted to Sponsors herein;
    6. f.       The Entry must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
    7. g.      The Entry must not disparage any person or entity;
    8. h.      The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;
    9. i.        The Entry must not contain profanity, sexual content, material promoting alcohol, tobacco, illegal drugs or firearms, or material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
    10. j.        The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
    11. 2.      Permissions:  Entrant must have signed permission from all individuals (parents/legal guardian of children, if featured and if not your own) that are identified in the Entry to use his/her name in the Entry and to grant the rights set forth herein.  If requested by Sponsors, Entrant must be able to provide such permissions in a form acceptable to Sponsors.
    12. 3.      Rights Granted to Sponsors:  By uploading an Entry, Entrant grants to Sponsors (and Sponsors’ licensees and assigns) a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, in any media, and otherwise exploit the Entry including, but not limited to, entertainment, promotional, advertising and/or marketing purposes in connection with this Contest or otherwise.  Entrants hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with the Entry.  If necessary, Entrant (or his/her parent or guardian if Entrant is not above the age of majority in his/her state of residence) will sign any necessary documentation that may be required for Sponsors or their designees to make use of the non-exclusive rights Entrant is granting to use the Entry.
    13. 4.      All Entries may be initially screened by Sponsors to ensure compliance with the requirements.  Any Entry, or portion thereof that is, in the Sponsors’ sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable or not in the spirit of the Contest, will not be considered and may disqualify the Entry.  Entrants may not copy or otherwise plagiarize the Entry from any source. Incomplete or unintelligible Entries will be disqualified. Sponsors reserve the right to determine in their sole discretion which Entries have satisfied the requirements.
    14. 5.      In the event of a third-party claim alleging infringement or violation of rights by the Entry, Sponsors may, at their sole discretion, prevent the Entry from the being displayed in the Contest and disqualify the Entry and the Entrant from the Contest.  Each Entrant hereby agrees to indemnify and hold Viator, MGTO, Facebook, and each of their respective subsidiaries, affiliates, distributors, dealers, vendors, or partners involved in the administration of this Contest, and all of these companies’ officers, directors, trustees, agents, and employees (collectively, the “Released Entities”) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach by the Entrant of any of the warranties, representations, agreements, requirements, or terms of these Official Rules.
    15. 6.      Each Entrant agrees that the Released Entities, their sublicensees, representatives, or assigns, may, but are not required to, attribute an Entry to an Entrant.  Each Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Entities, or their sublicensees, representatives, or assigns, on the grounds that any use of any Entry infringes or violates any of Entrant’s rights therein.
    16. 7.      Each entrant acknowledges and agrees that nothing in these Rules require the Released Entities to use an Entry in part or in whole or to include an Entry in any related property.
    17. VI.             SELECTING THE CONTEST WINNER

 

  1. 1.      At the conclusion of the Contest Period, a panel of judges chosen by Viator will review all eligible Entries and choose a potential Contest Winner based on the following criteria, in equal weight:
  • ·         Originality
  • ·         Creativity
  • ·         Adherence to theme – “Why I want to go the Macau”

 

  1. 2.      The potential Contest Winner will be contacted by Viator by email, based on the information provided in the Entry process.  The potential Contest Winner will be required to acknowledge notification within 24 hours, and complete and return paperwork, including an Affidavit of Eligibility and Compliance with Rules, a Release of Liability, appropriate tax forms, any other required documentation, and, where permissible, a Publicity Release, within five (5) days of initial notification.  If the potential Winner is not above the age of majority in his/her state of residence, the documentation must be completed by the Winner’s parent or legal guardian.  Disqualification and selection of an alternate Contest Winner may result if the prize notification is undeliverable, if the potential Contest Winner fails to comply with the acknowledgment and/or documentation requirements or these Official Rules, or if the potential Contest Winner is determined to be ineligible, cannot accept or receive the prize for any reason, or cannot travel in connection with the Prize.  Subject to confirmation and compliance with these Official Rules, the Contest Winner will be announced during the week of February 10, 2014 on the Contest Site. 

VII.          THE PRIZE

PRIZE – TOTAL Approximate Retail Value (“ARV”): $4500.

 

One (1) Contest Winner will receive the following Prize:

      • Airfare:  Round-trip plane tickets for Winner and his/her guest from a major U.S. airport nearest the Winner’s home to Macau; Winner and his/her guest must travel on the same itinerary;
      • Tickets for two (2) Macau tours (selected by Viator) for the Contest Winner and Guest;
      • Two round-trip ferry tickets for a day trip from Macau to Hong Kong;
      • Ground transportation from Macau airport to and from hotel;
      • Macau hotel lodging for 5 nights (one room; double occupancy; maximum of US$250 per night). 

 

 

The actual value of the prize will depend on the city of departure, as well as fares and hotel rates at time of travel.  Travel dates are subject to availability and blackout dates, and are at Sponsors’ sole discretion.  All travel-related expenses in connection with the Prize not explicitly listed above, such as ground transportation, gratuities, incidentals, upgrades, insurance, service charges, baggage fees, food and beverage, passports or other required travel documentation, personal expenses such as telephone and internet charges, and souvenir purchases are the sole responsibility of the Winner and his/her guest.  Winner may be required by hotel to provide a valid credit card at the time of check-in.  

 

All travel arrangements for the Prize must be made through Sponsors’ agent on a carrier and itinerary, including hotel, of Sponsors’ choice and trip must be booked at minimum of seven (7) days in advance.  Travel must be completed within one (1) year from confirmation as Contest Winner. 

 

Winner and his/her guest must have and present valid photo ID, U.S. passports, and any other required travel documents prior to departure.  Airline and Customs regulations apply.  Travel and hotel accommodations are subject to availability and at Sponsors’ sole discretion.  Winner’s guest must be a legal U.S. resident, above the age of majority in his/her state of residence, unless the travel companion is a child of the Winner or a minor that has written parental permission to accompany Winner.  Winner’s guest and/or the legal guardian of the guest must complete and return a Liability/ Publicity/ Travel Release prior to travel.

 

If weather or other events affect the ability for the Winner and his/her guest to redeem any portion of the Prize during the scheduled date and time, then Sponsors shall have no further obligation to the Winner and/or guest other than to supply as reasonably feasible the remaining elements of the Prize package minus the unused portion of the Prize.  If for any reason whatsoever, the Winner is deemed ineligible, fails to comply with these Official Rules, and/or he and/or his/ her guest is unable to travel or otherwise participate in the Prize, the Winner shall forfeit the Prize entirely and Sponsors shall have no further obligation to the Winner or his/her guest.  If the Prize is forfeited prior to Sponsors’ finalizing and paying for travel and there is sufficient time to notify an alternative winner, the Prize will be awarded to an alternate Winner based on the selection procedures outlined above.

 

The Prize, including all components, are non-transferable, non-assignable, and cannot be exchanged for cash.  No cash in lieu of any portion of the Prize and no exchange or substitution of Prize, except at the sole discretion of the Sponsors, who reserves the right to substitute a Prize of equal value. 

 

All federal, state and local taxes are the responsibility of the Winner.  The Winner will be required to furnish his/her social security number and completed tax forms for the sole purpose of preparation of any tax reporting as required by law. 

 

VIII.       NO FACEBOOK ENDORSEMENT

The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc.  You understand that by using and interacting with the Facebook site you are subject to the terms, conditions, and policies that govern the use of those sites.  You should therefore review the applicable terms and policies for Facebook, including privacy and data gathering practices, before using or interacting with Facebook.

IX.             PUBLICITY

By participating in this Contest and/or accepting the Prize, each Entrant gives permission to Sponsors to use his or her name, photograph, voice, biographical information, and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless prohibited by law.

X.                PRIVACY

Information collected from Entrant (other than in connection with Facebook registration) is used by Sponsors and/or their designees solely for the purposes of administering the Contest, including announcing the name of the Winner.  Entrants may choose to “opt-in” to receive future communications from Sponsors and/or other entities.  Such “opt-in” is not required for entry and will not improve one’s chances to win the Prize.

XI.             GENERAL TERMS

By participating in the Contest, you agree to be bound by these Official Rules, any applicable Facebook or other Community policies and procedures, any notices or other information posted online in connection with the Contest, and Sponsors’ decisions and interpretations of these Official Rules, which will be final. You further represent and warrant that, based on the Official Rules, you are eligible to participate in the Contest and that the information you provide is accurate.

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY CONTEST WEBPAGES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST  MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULL EXTENT ALLOWED BY LAW.  Sponsors reserve the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Contest, or with the intent to annoy, abuse, threaten or harass any other person.  By submitting your Entry, you accept all Contest rules, agree to be subject to all notices posted online in connection with the Contest, and agree to be bound by the decisions of Sponsors and the judges, which will be final.

Sponsors may, to the maximum extent permitted by applicable law and in its sole discretion, change these Official Rules or cancel the Contest at any time; or modify, terminate, or suspend the Contest should viruses, worms, bugs, unauthorized human intervention or other causes beyond Sponsors’ control corrupt or impair the administration, security, fairness or proper play of the Contest, uploading of Entries, or judging.  In the event that the Contest is modified, cancelled, or terminated prior to the stated end date, Sponsors will announce such an event on the Contest Site.  In the event of cancellation or termination, Sponsors may, in their sole discretion, select a potential Winner from among all eligible, salvageable, and non-suspect entries received prior to the time of the event warranting such cancellation or termination.  In no event will more than the stated number of Prizes (1) be awarded.

In the event of a dispute about the identity of the entrant in the Contest, Entries will be declared made by the authorized account holder of the e-mail address associated with the Facebook registration.  An authorized 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. The potential Winner may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

XII.          LIMITATIONS OF LIABILITY/ RELEASE/ DISPUTES

Winner acknowledges that Sponsors and the other Released Entities and their agents do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.  All prizes are awarded AS IS.

All Entrants acknowledge that the Released Entities are not responsible for and shall not be liable for: (i) Entries that are lost, misdirected, unintelligible, corrupted, incomplete, late, otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an Entrant’s or other person’s computer related to or resulting from participating in the Contest or accessing or downloading materials relating to the Contest; (iv) any conditions caused by events beyond the control of the Released Entities that may cause the Contest to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from acceptance, use, or misuse of any prize awarded in the Contest, or any prize-related travel or activity; or (vi) any printing or typographical errors in any materials relating to the Contest. 

BY PARTICIPATING IN THIS CONTEST, ALL ENTRANTS AGREE TO AND HEREBY RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS CONTEST, BREACH OF YOUR REPRESENTATIONS AND WARRANTIES, OR ACCEPTANCE, POSSESSION, PARTICIPATION IN, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY OR TRAVEL, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

This Contest shall be governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts or laws.  Any action or litigation concerning this Contest shall take place exclusively in the federal or state courts sitting in San Francisco, California, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses relating to jurisdiction or venue in such courts. 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest- 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 Sponsors’ sole and absolute discretion.

IN CASE OF DISPUTES:  EXCEPT WHERE PROHIBITED BY LAW, ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST.  ENTRANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

  1. XIII.       WINNER’S NAME

For the name of the Winner, please send a self-addressed stamped envelope to Viator, Inc., Attn: Win a trip for 2 to experience Macau Contest – Winner Name, 657 Mission Street, Suite 500, San Francisco, CA 94105 between February 10 and October 29, 2014.  The Winner will also be announced on the Contest Site.