Viator’s Tweet it, Win it – Official Rules

**ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES**

“Tweet it to Win it” (the “Contest”) is a contest sponsored by Viator Inc. (“Viator”), where participants find and tweet a designated hashtag (#ViatorApps) determined by Viator, in accordance with these Official Rules (“Rules”). Every week during the Contest period, a panel of Viator staff will pick a winner from all entries submitted. Four winners will be picked during the duration of the Contest. Each winner will receive two tickets for the Viator tour of their choice, not to exceed USD $1000 in total value. See below for complete details.

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

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER OR APPLE, INC.

I.              Binding Agreement

In order to enter 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 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 Viator with respect to the Contest.

II.            Sponsor

The Contest is sponsored by Viator (the “Sponsor”), a Delaware corporation with principal place of business at 657 Mission Street, Suite 500, San Francisco, CA 94105.

III.           Eligibility Requirements

The following conditions must be satisfied and agreed to in order for your tweet to be accepted:

1. You must be 18 years of age or over as of August 1, 2012.
2. The following individuals are not eligible to enter and their entries will not be considered:  Employees of Viator or any of its 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).
3. The Contest is operated under and in accordance with U.S. laws.  By entering, you attest that your entry or participation in the Contest does not violate any laws or regulations of your home country.  This Contest is void where prohibited.
4. All Contest entrants will behave in an appropriate manner at all times during the Contest.  Any inappropriate, illegal or immoral behavior on the part of Contest entrants will result in immediate exclusion from or participation in the Contest.
5. Your involvement in the Contest is entirely at your own risk. You agree to and do hereby release Viator and its officers, directors, agents, representatives and employees, and all others connected with the Contest, as well as Twitter, from any and all claims, actions, damages, liabilities, losses, costs and expenses, in any way arising out of or resulting from your involvement in the Contest, including, without limitation, any and all claims, actions, and liabilities for injury, loss or damage to you, to anyone else or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or misconduct of Viator or any of its respective officers, directors, agents, representatives or employees, anyone else connected with the Contest operation or administration, or Twitter.
6. You agree to indemnify Viator and its respective officers, directors, agents, representatives and employees, and all others connected with the Contest and hold them harmless from any and all liabilities, claims, actions, damages, expenses and losses (including, without limitation, legal fees) of any kind or nature whatsoever in any way caused by or arising out of your involvement in the Contest.

IV.           Contest Period

1. Twitter tweets will be accepted starting at 12:01pm Pacific Standard Time (PST) on August 23, 2012, and ending at 11:59pm PST on September 21, 2012.
2. Winners will be picked on August 30 at 11:00am PST, September 6 at 11:00am PST, September 13 at 11:00am PST and September 20 at 11:00am PST

V.            How to Submit an Entry

1. NO PURCHASE NECESSARY TO ENTER OR WIN.
2. To enter the Contest, participants will need to visit the Apple App Store and download the Viator Tours and Activities iPad app during the Contest Period and find the embedded hashtag (#ViatorApps). Next they will have to tweet the hashtag (#ViatorApps) either @ViatorTravel or just use the hashtag (#ViatorApps) in a tweet. For submitting an original tweet in accordance with the guidelines below.
3. In order to be accepted, your tweet must:
   1. Have the hashtag (#ViatorApps)  in the contents
   2. Be original, and be created by you
4. In order to be accepted, your tweet must also:
   1. Not contain any harmful or illegal activity or in any way violate any law, statute, ordinance or regulation.
   2. Not contain any foul language.
   3. Not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded product, commercial artwork or political or religious statement.
   4. Not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever.
5. You may submit as many tweets as you like, as long as each tweet is unique, the hashtag (#ViatorApps)  is used and not a copy or duplication of a previous tweet you have submitted.
6. All tweets will be reviewed by Viator for quality assurance. All tweets that meet the Contest guidelines can be uploaded to the Contest Site, and to other Company websites and blogs for public viewing at Viator’s sole discretion.
7. Viator shall be entitled to use your application, name, likeness, appearance, voice and biographical information for its promotional and publicity purposes at its sole discretion, in all media formats, in perpetuity and without compensation, unless prohibited by law

VI.           Intellectual Property Rights

1. By submitting a tweet each entrant:
   1. Warrants that his/her tweet(s) are his/her own original work.
   2. Grants to Viator, its sublicensees, agents, and representatives and assigns (the Licensed Entities”) in perpetuity, the irrevocable, sublicensable, non-exclusive, absolute license, right and permission to publish, display, reproduce, modify, edit, translate, combine with other material, adapt, exploit or otherwise use the tweet content in whole or in part in any and all media (whether now existing or hereafter devised) throughout the world in any manner and/or for advertising or promoting Viator, the Contest, or for any other reason, without further review, notice, approval, consideration, or compensation;
   3. Waives all “moral rights”, “droit moral” or unfair competition with respect to use of his/her tweet in favor of Viator.
   4. Waives and agrees to release and hold harmless Viator and its respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims that entrant may now or hereafter have in any jurisdiction based on such rights or based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
2. Viator reserves the right, at its sole discretion, to modify, edit or remove any tweet
3. Each entrant agrees that the Licensed Entities may, but are not required to, attribute a tweet to an entrant. Each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Viator, its sublicensees, agents, and representative, on the grounds that any use of any entry, tweet or any derivative works, infringe or violate any of entrant’s rights therein.
4. Each entrant acknowledges and agrees that nothing in these Rules require Viator to use a tweet in part or in whole or to include a tweet in any related property.

VII.         Selecting Contest Winners

1. Each eligible tweet will be viewed by a panel of Viator staff and evaluated based on the following criteria, of equal weight: Adherence to the Contest guidelines, style, and creativity.
2. Viator will select winners on a rolling basis, approximately every week.
3. At a specified date during each week of the contest (August 30, September 6, September 13 and September 20), judges will evaluate and pick a winner based upon the above-listed criteria.
4. Viator reserves the right to select additional tweets for any reason, in any of the winning Periods.
5. In the event a Finalist tweet is disqualified for any reason, the tweet that received the next highest total score will be chosen as a replacement winner.
6. All decisions regarding eligibility, selection of Finalists, and all aspects of the judging process will be made by Viator at its sole discretion.
7. Winners will be notified by Viator via the Twitter handle they used for the entry process.  Disqualification and selection of an alternate winner may result if the notification is undeliverable, if the potential winner fails to comply with the documentation requirements or these Official Rules, or if the potential is determined to be ineligible for any reason.  Subject to confirmation and compliance with these Official Rules, winners will be announced on @ViatorTravel Twitter Site.

VIII.        Selecting a Contest Winner

1. Four tweets, one per week, will be deemed Contest Winners based on Viator’s decision.
2. The Contest Winner is responsible for any and all tax obligations associated with participation in the Contest.  The Prize is non-transferable and non-assignable
3. Each Contest Winner will receive two (2) tickets to a specified Viator tour not exceeding US$1,000.

IX.        Right to Cancel, Modify or Disqualify

1. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Viator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.  In such event, Viator will announce such decision on the Contest Site.
2. Viator further reserves the right to disqualify any entrant who tampers with the submission or voting process or any other part of the Contest or Contest Site; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Contest; or with intent to annoy, abuse, threaten or harass any other person.. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Viator reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.

 X.            Privacy

1. Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest.
2. This data may also be used by Viator to verify an entrant’s identity.

PLEASE NOTE:  You are providing your information to Viator and its contest administrators and not to Twitter.

XI.           Severability, Governing Law, and Limitations of Liability

1. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules.
2. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
3. Viator is not responsible for entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind.  Viator is also not responsible for any changes or effects caused by or to the entrant’s computer system as a result of submitting electronic entries.

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. 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 Sponsor’s sole and absolute discretion.

XII.         Winners’ Names

For the names of the Winners, please send a self-addressed stamped envelope to Viator, Inc., Attn:  Tweet it Win it, 657 Mission Street, Suite 500, San Francisco, CA 94105 between September 31, 2012 and December 31, 2012.