The Out Traveler Ambassador Contest
Presented by Gay Europe, Inside & OUT
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIGLE ENTRIES RECEIVED. VOID IN ALASKA, HAWAII, FLORIDA, RHODE ISLAND AND WHERE PROHIBITED BY LAW.
TRAVEL MUST TAKE PLACE JUNE 13th – June 22nd, 2014.
1. Entry Period. The Out Traveler Ambassador Contest Presented by Gay Europe, Inside & OUT (the "Contest") begins Monday, May 12, 2014, at 12:00 a.m. EDT and ends on Sunday, May 18, 2014, at 11:59 p.m. EDT (the “Entry Period”).
2. Eligibility. Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) contiguous United States or the District of Columbia (except FL and RI), and who are twenty-one (21) years of age or older at the time of entry. Void in Alaska, Hawaii, Florida and Rhode Island. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Here Media Inc. (“Sponsor”), Scandinavian Tourism Inc., and their parent, subsidiaries and affiliates, as well as any advertisers, administrators, promotional agencies and any other person or entity involved in the development, administration, promotion or implementation of the Contest.
The Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. Multiple participants are not permitted to share the same email address. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used for the Entry will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email account by the applicable email provider. Entries generated by a script, macro, bot, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.
If you opt to enter the Contest via your wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your devices capabilities for specific instructions.
4. Prize. MUST TRAVEL JUNE 13th – JUNE 22nd, 2014. WINNER AND GUEST ARE RESPONSIBLE FOR ARRANGEMENT AND COST OF TRAVEL TO/FROM NEWARK LIBERTY INTERNATIONAL AIRPORT AND THEIR PLACE OF RESIDENCE. Odds of winning depend on the number of eligible Entries received during the Entry Period. One (1) winner (the “Winner”) will receive a prize (the “Prize”) consisting of a trip for two (2) to Europe (specifically Antwerp, Copenhagen, Stockholm and Berlin) to document their travel experience for OutTraveler.com. The trip must take place June 13th, 2014 to June 22nd, 2014, and includes: coach-class air transportation for two (2) from Newark Liberty International Airport, Newark, New Jersey, to one of the four cities listed, then travel to and from each of the other three cities as determined by Sponsor, returning to Newark Liberty International Airport via coach-class air transportation from the fourth and final city; nine (9) nights of accommodations at hotels determined by Sponsor in its sole discretion (single room, double occupancy); and, a total of One Thousand Dollars ($1,000.00) to be paid $500 to Winner and $500 to guest following their return from the trip and delivery to Sponsor of their personal journals/photos/videos of the trip and any other materials required by Sponsor. If satisfactory materials (as determined by Sponsor in its sole discretion) are not delivered to Sponsor, then the $1,000 will not be awarded and Winner and guest shall forfeit any claim to that portion of the Prize.
Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Guest must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the Winner. Winner and guest are solely responsible for obtaining valid passports and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. All expenses and incidental travel costs not expressly stated in the prize package description above, including, but not limited to, travel to/from Newark Liberty International Airport and place of residence, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Approximate Retail Value (“ARV”) of the Prize is $13,000 USD. Actual value may vary based on airfare and hotel fluctuations. Winner will not receive difference between actual value and the ARV. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
The Prize is awarded “as is” and you hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. If the Prize is a product or service of a third party then it shall be subject to the terms and conditions (policies, redemptions, expiration dates), which shall be subject to change, that are established by the third party. The Winner will be required to provide name, address, phone number, age confirmation and other information in order to receive the Prize. The Prize will be awarded only if the potential Winner fully complies with these Official Rules. No Prize transfer or cash redemption. No Prize substitution, in whole or in part, except by Sponsor due to Prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. By accepting the Prize, Winner agrees to hold Sponsor, their advertising and promotion agencies, and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the Prize.
5. Winner Selection and Notification. Chance plays no part in determining the winner. Following the conclusion of the Entry Period, the editors of Out Traveler will select up to five finalists. The five finalists will then be interviewed by Gay Europe, Inside &OUT, who will select the winner of the Contest on or about May 23, 2014. The Winner will be notified by email and/or phone and must respond within forty-eight (48) hours in order to claim the Prize. If Winner does not timely respond, then an alternate winner may be selected. It is the sole responsibility of the Winner to provide accurate contact information to Sponsor at all times. Both prior to and after the Winner is selected, Sponsor reserves the right to conduct a background check on the Winner and guest, and reserves the right in its absolute and sole discretion to disqualify any person based on such background check if Sponsor determines in its absolute and sole discretion that awarding the Prize to such potential Winner might reflect negatively on Sponsor or any of the Contest Entities.If the Winner is not able to accept the Prize, an alternate winner may be selected from among all eligible remaining Entries, time permitting. The Winner and guest must complete, execute and return a separate Affidavit of Eligibility and Release within forty-eight (48) hours of their receipt. Failure to execute and return this Affidavit and Release by the deadline may result in disqualification and an alternate winner may be selected from among all eligible remaining Entries.
6. Privacy / Publicity. The information you provide, including your email address, may be used to contact you in connection with the Contest as well as for general marketing and promotional purposes. By participating in the Contest, you consent to receive news, updates and/or promotional information from Sponsor and/or its related or affiliated entities and brands. Acceptance of the Prize constitutes permission for Sponsor, or a party designated by Sponsor, to use the Winner’s name, image, likeness, photograph and entry submission (including an altered form) for advertising, publicity and promotional purposes, in any and all media now or hereafter known, including, but not limited to, online announcements or sharing this information with the press for viewing, whether television or print, throughout the world, in perpetuity, all without any additional compensation, notification, or permission, except where prohibited by law.
7. Release of Liability. By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the use by Released Parties of such entrant’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
8. Contest Administration. The Contest is subject all applicable federal, state and local laws. All interpretations of these Official Rules and decisions by Sponsor are final. The Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prize. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. The Sponsor shall assume no liability resulting from losses, delays, mistaken addresses on mail or e-mail received, typographical errors, technical, computer or telephone malfunctions, loss or theft of computer or telephone data, damage to software or computer equipment, fraudulent calls or any other mistake. 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 this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select a Winner from eligible Entries received as of the termination date. Sponsor reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in the Contest if it determines in its sole discretion that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.
9. Disputes. By entering the Contest, each entrant agrees, except where prohibited, that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Los Angeles County, California, and entrant hereby waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, special, consequential and/or any similar damages, including without limitation lost profits, and further waives any and all rights to have damages multiplied or otherwise increased. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. California state law, without reference to California’s choice of law rules, shall govern the Contest and all aspects related thereto.
10. Request Name of Winner. For the name of the winner, send a self-addressed stamped envelope by August 30, 2014, to: Here Media Inc., The Out Traveler Ambassador Contest, 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024, Attention: Business and Legal Affairs.
11. Sponsor. The Sponsor of this Contest is Here Media Inc., 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024 (the “Sponsor”).