(English) Contest Terms & Conditions
“W Trail Contest”
OFFICIAL RULES, TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING.
ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
VOID IN PUERTO RICO, HAWAII, ALASKA, QUEBEC, ALL OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW
SPONSOR. Fantastico Sur, with offices located at Esmeralda 661, Puerto Natales, Chile (“Fantastico Sur”).
2. PROMOTION PERIOD. The “W Trail Contest” (hereafter the “Promotion”) begins on November 15, 2016 at 10:00 a.m. Eastern Standard Time (EST) and ends on January 13, 2017 at 11:59 p.m. EST (“Promotion Period”).
3. ELIGIBILITY RESTRICTIONS. Promotion is offered and open only to legal residents of the forty eight (48) contiguous United States and the District of Columbia (the “Territory”), and Canada who are of legal age of majority in their state and/or district of residence (and at least 18 years old as of the date of entry). Employees, contractors, directors and officers of Fantastico Sur, its affiliates and associate companies, as well as those who assist or work on a permanent basis with Fantastico Sur and their advertising, fulfillment, marketing and promotions agencies, and their immediate families (spouse and parents, children and siblings and their spouses) and individuals living in the same households of such employees are ineligible to participate in the Promotion. Promotion is subject to all applicable federal, state, and local laws and regulations. By participating, entrants agree and accept the decisions of Fantastico Sur as final. Winning the prize is contingent upon fulfilling all requirements set forth herein. Do not proceed to participate in this Promotion if you are not located within the Territory (as defined above). Those whose place of residence is outside of the Territory may only access the Promotion’s webpage, but are not entitled to enter or win.
4. HOW TO ENTER. Internet access is required to enter and all entries must be submitted online through the Promotion Landing Page (as defined below) during the Promotion Period. To enter, Entrants must visit and access www.adventuretravelmedia.com/contest (the “Promotion Landing Page”) and complete all required fields of the online entry form pursuant to the instructions provided. Once the entry form is filled out in its entirety and submitted, entrants will automatically receive one (1) entry into the Promotion. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Fantastico Sur is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which will result in a voided and disqualified entry.
Entrants must provide a valid email address to Fantastico Sur. In the event of a dispute over the identity of the online entrant, the entry will be deemed submitted by the authorized holder of the email account used to register for the Promotion on the date the entry was submitted to Fantastico Sur. 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 Winner may be required to show proof that he/she is the authorized email account holder.
By entering the Promotion, you consent to being placed on an email listing where you agree to receive emails with special offers, promotions and news from Fantastico Sur, its affiliates and other promotional partners, which include, without limitation, World Nomads and Birchbark Media. Entrants may opt-out of these communications at any time pursuant to the instructions within each communication.
5. WINNER SELECTION AND NOTIFICATION. One (1) potential prize winner will be selected in a random drawing from among all eligible entries received during the Promotion Period. The random drawing will be conducted on or about January 13, 2017 by Fantastico Sur’s sweepstakes administrator, whose decisions regarding all matters relating to this Promotion are final and binding. Odds of winning the Prize (as defined below) will depend on the number of eligible entries received during the Promotion Period. The potential prize winner will be notified via email on/or about January 16, 2017 and will be required to respond within (2) business days. If the potential Prize Winner (i) cannot be contacted; (ii) does not respond within two (2) business days from the time of Fantastico Sur’s first attempt to notify him/her to confirm receipt of Prize notification; (iii) fails to accept the Prize within one (1) week from the time contact is established as is outlined in point (ii) above; (iv) refuses the Prize; and/or; (v) the Prize or Prize notification is returned as undeliverable, such potential Prize Winner will be disqualified and an alternate potential winner may be selected. After three (3) such alternate winners have been selected without securing eligible winners, the Prize may remain un-awarded. The Prize Winner must meet all eligibility requirements of the Promotion to be declared the “Winner” of the Promotion.
THE POTENTIAL PRIZE WINNER IS SUBJECT TO VERIFICATION BY Fantastico Sur, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL THE PRIZE WINNER HAS BEEN VERIFIED AND NOTIFIED AND SUCH VERIFICATION PROCESS IS COMPLETE. Fantastico Sur WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS OWN VALIDATION PROCESS.
Potential Prize winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The Prize Winner will receive instructions on claiming the Prize via the same e-mail address previously provided to Fantastico Sur. Any cancellation or other modification to the email address may result in a disqualification of the prize claim.
6. GRAND PRIZE/APPROXIMATE RETAIL VALUE. One (1) Grand Prize Winner will receive the below Grand Prize Package (the “Grand Prize”). The approximate retail value (“ARV”) may vary and may change subject to current market conditions at the time of the prize being awarded. Grand Prize trip must be booked through Fantastico Sur. The Grand Prize consists of the following:
• PRIZE PACKAGE: One (1) Prize winner will receive a 5-Day guided trek along the W Circuit in Torres del Paine, Patagonia Chile. The Prize package includes the following:
Day 1: Transport to Torres del Paine NP, accommodation in Refugio Torre Central
Day 2: Trekking to Base Torres, accommodation in Refugio El Chileno or Torre Central
Day 3: Trekking to Los Cuernos, accommodation in Refugio Los Cuernos
Day 4: Trekking to French Valley, accommodation in Refugio Paine Grande
Day 5: Trekking to Grey Glacier + Catamaran at Pehoé Lake + transport to Puerto Natales
• 4 Nights of accommodation in Refugios (Shared Dorms in Bunk Beds; with sleeping bag or made up bed (depending on availability)
• 2 nights accommodation in Puerto Natales, Hostel.
• Transportation in Regular/Public Bus from Punta Arenas – Puerto Natales – Torres del Paine – Puerto Natales – Punta Arenas.
• Shuttle from Laguna Amarga main entrance to Las Torres (Estancia) sector.
• Catamaran Pehoé (Lake crossing from Pehoé sector until Pudeto area to connect with the regular transportation to Puerto Natales).
• All meals as indicated in itinerary.
Not Included and are the responsibility of the Prize Winner – entrance ticket to Torres del Paine National Park. The Prize has a value of $2.085 USD
– Promotional partner World Nomads will provide the Prize Winner 2-week Standard plan travel insurance policy from World Nomads Inc. (U.S. single plan) for one traveller traveling departing/arriving from same departure city in the United States. Plan policy premium depends on country of residence. For U.S.-residents, a single Standard policy premium is $74 USD (cost is approximate and subject to change).
TRAVEL INSURANCE PLAN MUST BE PURCHASED THROUGH WORLDNOMADS.COM AND WITH PROOF OF PURCHASE WILL BE REIMBURSED IMMEDIATELY. The travel insurance policy from World Nomads Inc. will be issued subject to the applicants’ meeting eligibility criteria and subject to the policy’s terms, conditions, limitations and exclusions. *If the potential winner is not eligible for travel insurance through World Nomads, he or she will be responsible for obtaining his or her own travel insurance to cover all activities.
The prize does not include domestic or international airfare nor any associated fees or levies. Prize: i) is subject to availability, ii) is valid on new bookings only, iii) may not be combined with any other offer or discount, iv) has no cash value, v) is not transferrable, vi) is not eligible for “Lifetime Deposit” nor “Guaranteed Departure,” and vii) cannot be exchanged by the Winner.
7. GRAND PRIZE AND TRAVEL RESTRICTIONS/TAXES.
Any and all taxes on every item included in the Prize are the sole responsibility of the prize winner and the prize winner hereby acknowledges that the value of the Prize will be taxable to winner as income and winner is solely responsible for reporting and paying any and all applicable taxes.
The specifics of all elements of the Prize stated herein shall be solely determined by Fantastico Sur. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prize not specifically provided for in these Official Rules are solely the winner’s responsibility. No prize substitution, cash equivalent or transfer permitted except at sole discretion of Fantastico Sur, who reserves the right to substitute all or part of the Grand Prize with one of comparable or greater value. Grand Prize may not be transferred by any other means, including but not limited to sale, barter, or trade on auction websites. Additional upgrades and options are at the sole expense of the winner.
Prize being offered is provided “as is” with no warranty or guarantee either express or implied. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
The Prize (and any of its portions thereof) is not transferable or assignable.
8. DISPUTES AND LIMITATION OF LIABILITY. EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA OR THE APPROPRIATE STATE COURT LOCATED IN FLORIDA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, 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. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES.
Fantastico Sur is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Promotions Landing Page or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error that may occur in the processing of entries in the Promotion. Fantastico Sur assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries. Fantastico Sur is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at the Promotion Landing Page, any Fantastico Sur owned or operated website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in this Promotion. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Fantastico Sur which corrupt the administration, security, fairness, integrity or proper conduct of the Promotion, Fantastico Sur reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and to randomly award the prizes from among all eligible entries received prior to such action being taken. Fantastico Sur is not responsible for late, lost, illegible, incomplete, stolen, misdirected, damaged or postage due entries.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TERRA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. INDEMNIFICATION AND RELEASE. By participating in the Promotion, and any promotions relating thereto, each entrant agrees to release and hold harmless Fantastico Sur, and its respective parent, subsidiary, and affiliate companies, suppliers, distributors, and advertising/promotion agencies, as well as each such company’s officers, directors, employees and agents (hereafter the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property and claims based on publicity rights, defamation, or invasion of privacy, either directly or indirectly related to or arising from the Promotion or from acceptance, possession, misuse, or use of any prize. Each entrant further acknowledges that such parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee expressed or implied, in fact or in law, relative to the Promotion or any prize, including but not limited to its quality or fitness for a particular purpose. By participating in this Promotion, the participant accepts to abide by the Official Rules of the Promotion, as well as the decisions of the judges, rights, claims and actions of any kind that may arise in connection or as a result of the acceptance or use of the Grand Prize. Neither Fantastico Sur nor Released Parties will be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation of any element of any prize.
10. PUBLICITY. Except where prohibited, participation in the Promotion constitutes entrants consent to Fantastico Sur’s and its agents’ use of entrants’ name, likeness, photograph, voice, opinions, biographical information and/or hometown and state for promotional purposes in perpetuity in any media now or hereinafter existing, worldwide, without payment, consideration, permission or notification.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect, and the provision that is invalid or unenforceable shall be automatically modified to the extent necessary to make it valid and enforceable.
Fantastico Sur reserves the right to amend these Official Rules, or to cancel or suspend this Promotion if its integrity is impaired by a virus or computer malfunction.
Inquiries regarding the Grand Prize Winner and/or a copy of the Official Rules must be made to Fantastico Sur Esmeralda 661, Puerto Natales, Chile.