NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Updated Monday, December 8, 2010 at 4:30 PM ET
1. AGREEMENT. These rules (“Rules”) govern the [Blog Your Way to the North Pole Competition], hereafter referred to as the “Competition”, run by Quark Expeditions, Inc., as the “Sponsor”, and its marketing partners. No purchase is necessary to enter the Competition. The act of entering the Competition constitutes acceptance of the Rules as contained herein and of the decisions of the Competition judges, which are final and binding in all respects.
2. ELIGIBILITY. The Competition is open to residents of the United States and Canada (exclusive of Quebec, Canada) who have attained the age of 21 by [November 30, 2010], (A valid passport may be used to prove age) except for employees, immediate family members and anyone living with any employee of Sponsor, its corporate affiliates, travel agent partners, and their respective advertising or promotional agencies or affiliates (collectively, the “Promotion Entities”). Limit of one entry per person. The entrant must not have any impediments to travel on the dates of the voyage as indicated. The entrant may be asked to participate in an interview process conducted by a panel of personnel appointed by Sponsor to confirm the entrant’s eligibility. Winning a prize is contingent upon fulfilling all requirements set forth herein. In addition, the Competition is open to legal residents of countries outside the United States and Canada with the exception of France, Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Japan, Panama, Paraguay, Uruguay, and Venezuela and to individuals who have reached the age of 21 by November 30, 2010, but void in countries where prohibited. Individuals from countries where laws prohibit individuals from entering such sweepstakes cannot participate.
3. COMPETITION AND HOW TO ENTER. The Competition start date is 13:00 EDT, [December 1, 2010]. The end date for Competition entries is noon EDT on [February 15, 2011]. The winner will be selected from the top five (5) entrants chosen by public voting on BlogYourWaytotheNorthPole.com – five votes per valid personal email address, one for each of the voter’s five preferred entries. One of the top five (5) entrants who meets all eligibility requirements and is selected by a panel of judges comprised of a member of the Sponsor’s expedition team; a member of the Sponsor’s marketing team; a professional travel blogger; and the president of the Sponsoring company; will be contacted by telephone or email by a representative of Sponsor. The winning Competition entrant must reply within 10 calendar days of notification to maintain eligibility. Once notified, if the selected entrant does not accept the position of Official Quark Blogger to the North Pole within 5 calendar days of notification, the entrant to receive the next greatest number of votes by the selection committee will be contacted, and the first entrant will have no further claim to the prize. Each potential winner must continue to comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The potential winner will be required to sign and return to Sponsor, within ten (10) calendar days of being contacted by Sponsor, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), the potential winner forfeits his or her prize. You can enter online by going to BlogYourWaytotheNorthPole.com and posting a blog entry in English of no fewer than 200 and no more than 400 words that explains why the entrant is qualified to be the Sponsor's official blogger; and the blog entry must communicate a story about a trip or travel experience unique to the entrant. A photograph in JPEG format of the entrant's face must be posted at the same time. All online entries must be submitted by noon EDT on [February 15, 2011]. Each essay must be the original work of and solely owned by the entrant and must not infringe the copyright, trademark, trade secret, privacy, publicity or other rights of any third party. By submitting an entry, each entrant hereby grants to the Sponsor and the other Promotion Entities the worldwide, perpetual license, and the right to license others, to reproduce, display, distribute, make derivative works of and otherwise use the entrant’s essay in any and all media and format, in connection with this Competition. Each entrant agrees to defend, indemnify and hold harmless the Promotion Entities from any and all claims, losses, lawsuits, liabilities and expenses arising out of or relating to the essay submitted in connection with this Competition. Sponsor is not responsible for lost, late, invalid, unintelligible, misdirected entries or entries incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. Sponsor further reserves the right to cancel, terminate or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.
4. SERVICES RENDERED. The successful entrant must permit Sponsor to use his or her name and image for promotional purposes.
5. PRIZE. The Competition prize consists of an expedition for two to the North Pole, from June 23 to July 7, 2011, plus economy air fare for two people from the international airport nearest the winner’s home community to Helsinki, Finland and back. The total approximate retail value of the Competition prize is USD$54,000. The prize includes: Shipboard accommodation for two people, aboard Sponsor's North Pole voyage, June 23 to July 7, 2011, in a twin cabin. (Retail value: USD$45,380) Economy-class air fare for two people from the international airport nearest to their community to Helsinki, Finland and back. (Approximate retail value: USD$5,000) Group charter air fare for two people from Helsinki to Murmansk and back (Retail value in USD$3,380) One night pre-expedition hotel accommodation in Helsinki, Finland, based on twin occupancy, with breakfast. One night post-expedition hotel accommodation in Helsinki, Finland, based on twin occupancy, with breakfast. All breakfasts, lunches and dinners on board throughout the voyage. All shore landings and Zodiac excursions per the daily program. All group helicopter transfers and aerial-sightseeing. A pair of waterproof expedition boots on loan for shore landings. Coffee, tea, cocoa and bottled water available around the clock. Hair dryer and bathrobe on loan for the duration of the voyage. Emergency Evacuation Assurance for each passenger with a maximum benefit of $100,000 per person. Group transfers from the hotel to the airport in Helsinki, and from the airport in Murmansk to the ship– plus all baggage handling aboard ship. Group transfers from the ship to the Murmansk, Russia airport and from the Helsinki, Finland airport to the hotel. All miscellaneous service taxes and port charges throughout the program. All taxes are the sole responsibility of the winner. Expenses not specifically stated in any/all prize packages outlined above are the sole responsibility of the winner. No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by Sponsor for reason of unavailability in which case a prize of equal or greater value will be awarded. The documents offering the eligible winner the prize will be delivered by courier service. The PRIZE SPECIFICALLY DOES NOT INCLUDE: Passport and visa expenses. Government arrival and departure taxes; any meals ashore with the exception of breakfast at the host hotel in Helsinki before embarkation, and after disembarkation; baggage, cancellation and medical travel insurance; excess baggage charges; laundry, bar, and other personal charges; telecommunication charges, with the exception of charges incurred for posting blog entries that fulfill the Competition requirements; the customary gratuity at the end of the voyage for Hospitality Team members, ship’s crew and Expedition Team Members; airport transfers, with the exception of the group transfers from the hotel to Helsinki airport, and from the Murmansk airport to the ship on embarkation day, and on disembarkation day, from the ship to the Murmansk airport and from the Helsinki airport to the hotel; any domestic taxes levied in the winner’s country of residence as a result of receiving the prize. (Should a US resident become the Competition winner, Sponsor will issue a federal 1099 form, which will be sent to the winner. Any US winner must complete and submit a W-9 form (Request for Taxpayer Identification Number and Certification) to Sponsor.)
6. DISQUALIFICATION. Entrants will be disqualified if: (a) any of the entrant requirements are not met; (b) the essay is not 200 to 400 words in length; (c) the entrant knowingly attempts to contravene the eligibility requirements, including the creation of multiple email addresses for the purpose of voting; (d) the essay contravenes copyright laws and/or good taste; (e) the applicant is not 21 years of age or older as of [November 30, 2010] (a valid passport is an acceptable proof of age); (f) the applicant is not the author of the essay; (g) the entrant is not a citizen in good standing of his or her home country; or (h) there are any impediments to travel on the dates of the voyage as indicated.
7. ENTRY CONDITIONS AND RELEASE. By entering, each entrant agrees to: (a) comply with and be bound by these Rules and the decisions of the Sponsor and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Sponsor and the Promotion Entities and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c)indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Competition and/or entrant’s acceptance, use or misuse of prize.
8. PUBLICITY. Except where prohibited, participation in the Competition constitutes each winner’s consent to Sponsor and its agents’ use of winner’s and winner's guest's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or any right of approval over such uses.
9. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Competition or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
10. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Competition or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Competition, provided that if it is not possible to award another entry due to discontinuance of the Competition, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. DISPUTES, Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Vermont State Court located in the Montpelier, Vermont; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (iv) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, 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, 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 issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules (whether of the State of Vermont or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Vermont.
12. WINNERS LIST.
For Competition results, either send a request by email to blogyourwaytothenorthpolae@quarkexpeditions.com
or send a self-addressed, stamped envelope to
Quark Expeditions, “[Blog Your Way to the North Pole Competition]”,
93 Pilgrim Park, Suite 1,
Waterbury,
VT 05676
after [February 15, 2011] but before March 15, 2011.
Residents of Vermont may omit return postage.
13. SPONSOR CONTACT INFORMATION. The Sponsor of this Competition is Quark Expeditions, Inc., 93 Pilgrim Park, Suite 1, Waterbury, VT 05676,http://www.quarkexpeditions.com