Sweepstakes Official Rules (2013)
1. NO PURCHASE NECESSARY TO ENTER OR WIN.
LIMIT SIX ENTRIES PER PERSON.
STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY ALL
U.S. FEDERAL, STATE, LOCAL LAWS, REGULATIONS, ORDINANCES, CODES AND OTHER SIMILAR
GOVERNING LAWS, RULES, REGULATIONS AND/OR ORDINANCES.
For the purposes of these Sweepstakes, the Kentucky Department of Travel (the “
Department”) is providing entries into the Find Your Own Kentucky Adventure Giveaway
Sweepstakes for participants to “like” us on their Facebook account or fill out
the form on our landing page. The Find Your Own Kentucky Adventure Giveaway Sweepstakes (the Sweepstakes)
begins at 12:00pm on February 18, 2013 and ends at 11:59pm on March 29, 2013 (the
“Sweepstakes Period”). The Sweepstakes are open only to legal residents of the United
States (excluding residents of any jurisdiction where Sweepstakes would be prohibited
by law) who meet the minimum age requirements applicable at the time of Sweepstakes
registration, at least: eighteen (18) years of age or older. Employees, officers
and directors of the Department, subsidiaries, advertising, promotional, fulfillment
and marketing agencies, their immediate families (parent, child, sibling and spouse)
and persons living in the same households as such individuals (whether related or
not) are not eligible to participate in the Sweepstakes.
You acknowledge
that these Sweepstakes are in no way sponsored, endorsed or administered by, or
associated with, Facebook. You are
providing your information to the Department and not to Facebook.
The information you provide will only be used for the purposes described
in these Official Rules.
BY PARTICIPATING
IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES AND TO THE DECISIONS OF THE
DEPARTMENT WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS. BY PARTICIPATING
IN THESE SWEEPSTAKES AS AN ENTRANT, (“ENTRANT” OR “YOU”) YOU ALSO:
I) AGREE TO BE FULLY AND UNCONDITIONALLY BOUND BY THESE OFFICIAL RULES, II)
WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE SWEEPSTAKES AND/OR THESE
OFFICIAL RULES AND III) FURTHER AGREE TO BE BOUND BY THE DEPARTMENT’S
DECISIONS AND INTERPRETATION OF THESE OFFICIAL RULES.
ALL DATA REQUESTED
AT REGISTRATION, PRIZE FULFILLMENT OR AT ANY OTHER TIME IN CONNECTION WITH THIS
SWEEPSTAKES MUST BE ACCURATE. IF INACCURATE INFORMATION IS SUPPLIED, IT WILL RESULT
IN YOUR DISQUALIFICATION FROM THE SWEEPSTAKES AND PREVENT THE AWARDING OF ANY PRIZE
YOU MAY HAVE WON. BY REGISTERING FOR THIS CONTEST, YOU AGREE THAT YOUR E-MAIL ADDRESS
WILL BE USED BY THE DEPARTMENT FOR REMARKETING PURPOSES. ON OCCASION, THE DEPARTMENT
WILL SEND YOU E-MAIL OFFERS, NEWSLETTERS AND/OR NOTIFICATIONS. THE KENTUCKY DEPARTMENT
OF TRAVEL WILL NOT SHARE THE INFORMATION RECEIVED FROM FORM ENTRIES WITH ANY THIRD
PARTIES.
2. HOW
TO ENTER.
A person may enter
the Sweepstakes by visiting
the Department Facebook page located at
http://www.facebook.com/TravelKentucky, use the Find
Your Own Kentucky Adventure Giveaway Sweepstakes app, “Like” our page,
then fill out the form or by visiting the sweepstakes landing page at
http://www.KentuckyTourism.com/FindAdventure then filling out the form.
PRIZE(S).
Sweepstakes Winner
will be receiving:
·
A Visa gift card for $1,000 to use for lodging, airfare,
rental car or dining
·
Horseback riding and admission for four to all attractions
at the Kentucky Horse Park, Lexington
·
Half day rock climbing for four at Red River Outdoors,
Slade
·
Four passes to zip thru the canopy at Red River Gorge
Ziplines, Campton
·
Canoeing for four in the Cumberland River with Sheltowee
Trace Outfitters, Corbin
·
Four tickets to ride the Big South Fork Scenic Railway,
Sterns
Prizes
will be provided in accordance with these Official Rules.
An Entrant is not a winner of any prize unless and until Entrant’s
eligibility and the potential Sweepstakes winner have been verified and Entrant
has been notified that verification is complete.
Potential winners must comply with all terms and conditions of these Official
Rules, and winning is contingent upon fulfilling all requirements.
Overnight stay is subject to availability and blackout dates (all state,
federal and religious holidays) apply. Other restrictions may apply. Prize must
be redeemed by March 31, 2014. Not valid after expiration. No substitution on services; offer
is non-transferable; no cash value. All prize components must be used within a single
trip.
3.
WINNER SELECTION AND NOTIFICATION.
The Prize Drawing
will take place on or about 12:00pm on April 1, 2013 [Central Time Zone] unless
such deadline is extended by the Department, at its discretion, with or without
notice. One (1) winner will be selected in an electronic random drawing from all
eligible entries received during the Sweepstakes Period. All online entries must
be received by 11:59pm on March 29, 2013. Interpretation
of these Official Rules and decisions on all matters relating to these Sweepstakes
will occur by The Department, whose decisions are final and binding. Odds of winning
the Prize(s) depends on the number of eligible entries received. All entries become
the property of the Department.
The potential winner
will receive prize notification via phone and electronic mail on or around April
2, 2013 and will be required to sign an affidavit of eligibility and liability/publicity
release within fourteen (14) days from prize notification.
Any prize that is not claimed within 14 days after the drawing will not be
awarded.
If the potential
winner cannot be contacted; is ineligible; fails to return upon request, the completed
and executed affidavit of eligibility and liability/publicity release within fourteen
(14) days; fails to claim the Prize; if the prize notification is returned undeliverable
or if the potential winner otherwise fails to fully comply with these Official Rules,
an alternate potential winner will be determined through a random drawing from among
remaining eligible entries. Prize will
be awarded within ten (10) to twelve (12) weeks after potential winner satisfies
all Sweepstakes requirements. If an
alternate winner cannot be determined after attempting to contact five (5) alternate
potential winners, the prize will not be awarded.
Entrant and prizewinners
agree that the Department, without additional consent or compensation, may use their
name and/or likeness for media including, but not limited to, television, radio,
web and print. In addition, the list of prizewinners will be published on the Department’s
website.
Acceptance of the
Prize constitutes permission for The Department and its affiliates to use winner's
name, likeness, hometown and biographical information for advertising and promotional
purposes without additional compensation, unless prohibited by law.
4. GENERAL
RELEASE/CONDITIONAL LIMITATION OF LIABILITY.
BY ENTERING THE SWEEPSTAKES,
PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE DEPARTMENT, FACEBOOK,
THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, RETAILERS, AGENCIES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL OTHERS ASSOCIATED WITH
THE DEVELOPMENT AND EXECUTION OF THIS SWEEPSTAKES FROM ANY AND ALL LIABILITY AND/OR
DAMAGES, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION
IN THE SWEEPSTAKES OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION
OF PRIZES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE PRECEDING RELEASE
IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY
REASON, THE ENTRANT AGREES THAT, BY ENTERING THE SWEEPSTAKES, (I) ANY AND ALL DISPUTES,
CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES,
OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM
OF CLASS ACTION; (II) ANY CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL
OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES,
BUT IN NO EVENT ATTORNEY’S FEES; AND (III) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT
BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR
ACTUAL OUT-OF-POCKET EXPENSES. ANY CLAIM OR DISPUTE AGAINST THE DEPARTMENT WITH
RESPECT TO THE DRAWING MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION
ARISES.
Winners will be solely responsible
for any costs associated with receipt of the prize, including, but not limited to,
all federal, state and local taxes.
Winners will also be responsible for any and all taxes or fees relating to participation
in these Sweepstakes, or use and/or redemption of any prizes.
The Department, its employees, directors, officers, agents, representatives,
investors and/or assigns will not be liable for any loss, injury or damage to persons,
property or otherwise in connection with or relating to the prize or these Sweepstakes. The Department will not replace a lost
or stolen prize once it has been issued to the winner(s).
By participating in these Sweepstakes
and/or accepting a prize, any winner agrees to release and hold harmless the Department and/or Facebook, their respective employees,
directors, officers, agents, representatives, investors, and assigns for any and
all liability or damage, for any injuries, loss, damage or injury of any kind to
person, including death, and property, arising in whole or in part, directly or
indirectly by participation in these Sweepstakes or use or redemption of any prize,
or awarding, receipt, possession, use and/or misuse of any prize awarded herein
and acknowledges that the Department, and its
respective employees and agents have neither made nor are in any manner responsible
or liable for warranty, representation or guarantee, express or implied, in fact
or and law, relative to any prize, including, but not limited to, its quality, mechanical
condition or fitness for a particular purpose.
The
Department has the right to make use of any information provided by you for
business purposes. The Department will not be
responsible for any confidential or proprietary information from you.
By participating in these Sweepstakes, You agree to be bound by these rules and
regulations and decisions made by the
Department as well as other applicable terms and conditions. The Department, its employees, directors, officers, agents, representatives,
investors, and assigns are not responsible for any typographical or other error
in any Sweepstakes material or offer, in the administration of the Sweepstakes or
in the announcement of the prizes.
Additionally, The Department will not be responsible for
any human error, lost/delayed data transmission or omission, interruption, deletion,
problems or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software or injury or damage
to any computer related to or resulting from participation or downloading any materials
in the Sweepstakes. The
Department reserves the right, in its
sole discretion, to cancel or suspend the Sweepstakes should a virus(es), bugs,
unauthorized human intervention or other causes beyond the control of the
Department, in the Department’s sole opinion, corrupt the administration, security,
fairness, fraud, integrity or proper operation of the Sweepstakes.
5. DISQUALIFICATION.
If, for any reason,
the Sweepstakes 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 the Department which corrupt or affect
the administration, security, fairness, integrity or proper conduct of these Sweepstakes,
the Department reserves the right at its sole discretion to void the entries at
issue and/or terminate the Sweepstakes and conduct a random drawing to award the
Prize using all eligible entries received as of the termination date. If the Sweepstakes
is terminated due to tampering or technical difficulties prior to its expiration
date, notice will be posted. The Department reserves the right, in its sole discretion,
to disqualify any entrant that tampers with the operation of or abuses any aspect
of these Sweepstakes or violates the Official Rules of these Sweepstakes. CAUTION:
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE
OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT
TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Violation of these rules may subject
you to disqualification from the Sweepstakes and cause you to forfeit any prize
won by you.
The Department 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 Sweepstakes or be acting in violation of the
Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine
the legitimate operation of the Sweepstakes may be a violation of criminal and civil
law, and, should such an attempt be made, the Department reserves the right to seek damages from any such
person to the fullest extent permitted by law.
The Department’s failure to enforce any term
of these Official Rules shall not constitute a waiver of that provision.
6.
PRIVACY.
Personally identifiable
information provided by entrants will be used only in accordance with the applicable
Privacy Policy for such panels located at
http://kentucky.gov/policy/privacy.htm.
The Department will not share, sell, rent, or release
your personally identifiable information to others, unless required by law. The Department will utilize the information provided
through this website or Facebook for its own marketing and other business purposes. The Department will not share the information with
others for any reason, except when to do is required by law.
The Department
does not share that information with outside parties except as necessary to fulfill
the on-line request (e.g., providing the “ship to” address to our shippers.) The
Department
may also use that information to offer other products or services of interest. The
Department
intends to provide information to you from time-to-time.
You have the right to remove your name from the Department’s list at any time, during or after
the award period and you will be provided with a convenient way to do so.
7.
TAX INFORMATION.
All federal, state,
local, and other taxes on the Prize are the sole responsibility of the applicable
winner. All prize winners are solely responsible for paying and reporting, as and
when required by law, all income taxes and other taxes and expenses attributable
to the prize, whether or not the Department makes any withholding for taxes from the amount,
and each winner authorizes the Department to withhold from any prize any and all amounts
to be withheld by applicable law and shall indemnify, defend, protect and hold harmless
the Department and Facebook against all claims relating to such taxes and expenses.
8.
GENERAL.
This Sweepstakes
is conducted in English (which will be given its everyday ordinary meaning), and
any and all disputes that cannot be resolved between the parties within thirty (30)
days of the date of the commencement of negotiations between the parties, and causes
of action arising out of connected with this Sweepstakes, will be resolved through
non-binding mediation. The parties
shall select a neutral third party each to administer the mediation.
The mediation will be conducted in accordance with the American Arbitration
Association Rules addressing mediation.
If the dispute is not resolved through mediation within a reasonable time period,
not to exceed sixty (60) days, as hereinabove provided or otherwise by agreement,
the dispute shall be finally settled by binding Arbitration.
The Arbitration will be conducted expeditiously in accordance with the American
Arbitration Commercial Arbitration Rules at a mutually agreeable location.
Each party shall, within ten (10) days thereafter, each appoint a single
arbitrator. The two (2) arbitrators
so appointed shall select a third arbitrator and all decisions thereafter shall
be made by a majority of the arbitrators.
Any award rendered in arbitration shall be limited to those remedies available
to any appropriate court of competent jurisdiction in the State of Kentucky, exclusively,
and subject to the laws of the State of Kentucky, including awarding attorneys’
fees and costs of the legal proceeding to the prevailing party.
The award rendered through arbitration shall be final and binding upon the
parties and judgment thereon may be entered in any court of competent jurisdiction
for execution. Should there be a conflict between the laws of the State of Kentucky
and any other laws, the conflict will be resolved in favor of the laws of the State
of Kentucky.
9.
REMOVAL FROM MAILING LIST.
All participants
will automatically be placed in a monthly mailing list. This list will receive a
promotions newsletter via email from the official Kentucky Department of Travel.
Should the participant wish to NOT receive this mailing they may go to
http://www.kentuckytourism.com/newsletter/enews_unsubscribe.aspx and enter their email address and select unsubscribe. The participants
email address will NOT be shared with any third party subject to the
Kentucky Department of Travel’s privacy statement.
10. WINNERS LIST.
To receive the name
of the winner, send a self-addressed, stamped envelope by April 1, 2013 to
Kentucky Department
of Travel
Find Your Own Kentucky
Adventure Giveaway Sweepstakes
Winner’s List
Capital Plaza Tower 22nd Floor
500 Mero Street
Frankfort, Kentucky 40601
10. INTELLECTUAL
PROPERTY.
Any trademarks, tradenames, and/or tradestyles used in this Contest are the sole
property of the respective owners of such trademarks, tradenames, and/or tradestyles
and are used herein solely for identification purposes.