Leading the Way

Indagare Trips of Renewal Contest Text Size A A A
(This is a Contest of Skill, Not Chance) ——— Official Rules VOID OUTSIDE THE UNITED STATES AND WHERE OTHERWISE PROHIBITED BY LAW. Contest begins November 25, 2008 and ends January 1, 2008
1. Contest Description. INDAGARE TRAVEL (“Sponsor”) will solicit essays on re-juvenating trips on its Internet website (www.indagare.com) (the “Website”). Contestants entries will be submitted for publishing on the site and be eligible to win the prize for most inspired journey by the Indagare editors and the membership. The contest is only open to members. Members: Paying members of INDAGARE TRAVEL (“Members”).
1.1. Contest of Skill and Website Involvement/Odds of Winning. This Contest is one of skill. The odds of winning depend not only on a contestant’s written essay, but on the number of Members who review and comment on the essays posted to the Website. (See Paragraph 5, “Prizes,” below.)
2. Eligibility. This Contest is open to legal residents of the United State and the District of Columbia who are 18 years of age or older at time of entry. Employees and subcontractors of Sponsor and/or any of its affiliates, subsidiaries, distributors, retailers sales representatives, suppliers, participating vendors, promotion or ad-vertising agencies, or any other company involved with the design, production, exe-cution or distribution of this Contest, and each of their respective officers, directors and employees (collectively hereafter referred to as the “Patrons”), as well as the members of the Patron’s immediate families (spouses, parents, children, siblings and their spouses [hereafter collectively referred to as “Family Agents”]), regardless of where they live, and those living in the same household, are ineligible to enter or participate in this Contest or to win a prize. Further, employees of any travel agency or companies involved with the travel industry, including airlines (collec-tively “Travel Companies”), are not eligible for this Contest, nor are any of the sub-sidiary companies, sales representatives, employees and advertising and promotion agencies of such Travel Companies, including their Family Agents.
2.1. Legal Applicability. This Contest is subject to all federal, state and local laws and regulations. Void in Puerto Rico, all U.S. territories and possessions, any jurisdiction outside of the United States, and where prohibited or restricted by law.
2.2. Copies of Rules. Copies of these Official Rules may be obtained at the Website or by sending a self-addressed stamped envelope marked “Official Rules” to “Indagare Trips of Renewal Contest,” c/o INDAGARE TRAVEL, Attn.: Contest Services, 138 East 78th Street, Suite 4B, New York, NY 10075.
3. How to Enter. Beginning at 9:00:01 AM (Eastern Time) on November 25, 2008 (the “Contest Start Date”), contestants may log onto the Website and post essays on Trips of Renewal. Participation in this Contest constitutes each contestant’s full and unconditional agreement to, and acceptance of, these Official Rules and the deci-sions of Sponsor, which shall be final and binding in all respects. Any contestant disputing these Official Rules or the decisions of the Sponsor or Sponsor’s judges shall be disqualified. Only one (1) registration per contestant. Failure to comply with these Official Rules will result in disqualification.
4. Judging and Winner Declaration/Verification. Subject to screening by the Sponsor’s judges for compliance with these Official Rules, compliant and eligible Member entries will be qualified for judging by submitting by a post on the site or by an email sent to info@indagare.com prior to the Contest End Date. Following the Contest End Date, Sponsor’s judges will review each entry and assess it for ranking among all contestants. The Member, whose essay is judged the favorite of the mem-bership and the Indagare editors will be declared the winning Member. Each entry must meet the requirements specified in these Official Rules. Any non-conforming entries will be disqualified. In the Sponsor’s sole discretion, Member entries deemed to contain lewd, or sexually explicit content will be disqualified. All decisions of the judges and/or Sponsor shall be final and binding.
4.1. Judging Criteria. Members: Judges will evaluate each Member’s Quiz results on the following criteria: (i) Quality of writing; (ii) quality of trip de-scribed; (iii) other Members’ ratings of the comments posted by the Member-contestant on the Website. The judges’ decisions are final and binding. On or about January 5, 2009, Sponsor will announce the Member winners.
4.2. Tie Vote Procedures. In the event of a tie vote among two or more con-testants in either contestant class, then the earliest submitted entry (based upon time and date) in the applicable class shall be declared the winner.
4.3. Disqualification. In the event any winner (either as the result of the judges’ evaluation, or as the result of a tie-break) is disqualified, for any reason, or chooses not to be a winner, then the contestant garnering the next highest composite score will be declared the Contest winner. Should any derivative win-ner be disqualified or forfeit, then a tertiary winner will be selected using essen-tially the same procedures as employed by Sponsor to select the derivative winner.
4.4. Winner Notification. Between January 1, 2009, and January 5, 2009, Sponsor will make a good faith effort to contact the winners from each class and to obtain releases and authorizations from the winner. Each Contest winner will be notified by courier, e-mail, or telephone and will have fourteen (14) calendar days from the receipt of notification to acknowledge her/his status and to return all the signed documents, in accordance with these Official Rules. (See Para-graphs 6, 7, 8, 10 and 11.) Each Contest winner must return all necessary signed releases and authorizations to the Sponsor within the time period specified in this Section 4.4.
5. Consumer Disclosure – Prizes. One prize in this Contest will be awarded: one prize to the Member with the winning essay on a Trip of Re-newal.
5.1. Member Prize. The winning Member will receive the following prize: Trip of Renewal – Two nights (February 8 and 9, 2009) at the Mayflower Spa in Washington, CT for “A romantic partner workshop for better sleep.” Includes lux-ury accommodations at the Mayflower Inn, spa cuisine meals, active, body, mind-spirit and luxury treatment offerings. Accommodation is based on double occu-pancy. The winner solely will be responsible for all airfare, ground transportation, incidental room charges and all taxes. Approximate Prize Value: The approximate, verifiable retail value of this prize is $4,500. (See Paragraph 7 for prize restrictions.)
6. How to Claim Prizes. Contest winner must return, within fourteen (14) calen-dar days after a notification attempt, an Affidavit of Eligibility and Liability and Publicity Releases (collectively hereafter, “Releases”) personally signed by the Con-test winner. If the Contest winner is under legal age of majority in her/his state of residency, then the Contest winner’s parent or legal guardian must sign and deliver the Releases for such under-age winner. Failure to return or deliver the executed Releases within the time periods specified, or non-compliance with these Official Rules, or inability to notify the winner will result in that Contest winner’s disquali-fication and forfeiture of the prize, and an alternate winner will be selected in ac-cordance with these Official Rules. If a potential winner cannot be reached after a reasonable effort has been exerted, if s/he is found to be ineligible, s/he cannot or does not comply with these Official Rules, or if her/his prize notification is returned as undeliverable, such person will be disqualified and an alternate will be selected at Sponsor’s sole discretion. No prize will be awarded until the signed Releases are received by Sponsor. The winner will be required to provide Sponsor with her/his telephone number and complete, current, mailing address and Social Security num-ber. No winner will be qualified until her/his entry submission is validated. No more than one (1) Prize winner will be selected. Unless otherwise provided in these Official Rules, all prizes must be redeemed by 5:00 PM (Eastern Time) on February 8, 2009, or the prize(s) shall be forfeited.
7. Contest Restrictions. No Prize may be substituted, assigned, changed, ex-changed, transferred or redeemed for cash. Sponsor, however, in its sole discretion, reserves the right to substitute an equivalent prize, in value and substance, for any above-described prize. EACH PRIZE WINNER IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES NOT SPECIFICALLY SET FORTH IN THESE OFFICIAL RULES, INCLUD-ING BUT NOT LIMITED TO ALL FEDERAL, STATE AND LOCAL TAXES. Sponsor is not re-sponsible for the winner’s use of the prize after it has been awarded or delivered to the prize winner. ANY ENTRY REGISTRATION OR QUIZ RESULT THAT IS ALTERED OR TAMPERED WITH, OR ACCESSED THROUGH IRREGULAR CHANNELS OR MEANS SHALL BE VOID. AUTOMATED OR BULK REGISTRATIONS OR ENTRIES SUBMITTED BY THIRD PARTIES WILL BE DISQUALIFIED. INCOMPLETE, INDECIPHERABLE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED. Each entry must be sub-mitted by the contestant. Sponsor does not in any way guarantee the performance of any prize supplier or vendor, and Sponsor shall not be liable for the failure of any prize supplier or vendor to perform or deliver the prize or services and described in these Official Rules.
8. General Conditions. Subject to applicable law, Sponsor reserves the right to change these rules at any time. At the sole discretion of Sponsor, all entries are sub-ject to verification. Anti-fraud detection devices may be used to verify winners. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Contest or in the an-nouncement of the Contest prize. Sponsor’s failure to enforce any term of these Offi-cial Rules shall not constitute a waiver of that provision. At the sole discretion of Sponsor, all entries are subject to verification. This Contest is intended for amuse-ment only. The names of individuals, groups, companies, products and services re-ferred to or mentioned herein as prize options, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification pur-poses only and may be the copyrighted properties and trademarks of their respec-tive owners. The mention of any individual, group or company as a prize source or option, or the inclusion of any product or service as a prize element, does not imply any association with or endorsement by Sponsor of any such individual, group or company, or manufacturer or distributor of any product or service included as a prize element or supplier, and, except as otherwise expressly indicated herein, no association or endorsement whatsoever is intended or should be inferred.
8.1. Contestant Warranties and Representations: Each contestant:
8.1.1. Exclusive Work. Warrants that s/he is the sole designer, creator and owner of the written and/or literary content, (hereafter collectively “Content”) that s/he posts on the Website, or has full permission to use copyrighted com-ponents, and further warrants that any such Content contains no information considered by contestant’s employer, place of business, or any third party to be confidential.
8.1.2. Document Delivery. Agrees to execute and deliver to Sponsor, in a prompt and commercially reasonable manner, any and all documents neces-sary to effectuate the prize award and other transactions contemplated by these Official Rules.
8.1.3. No Infringement. Warrants and represents that any Content entered on the Website is original, or has been legally obtained and created, and does not infringe the intellectual property rights or any other legal or moral rights of any third party;
8.1.4. Assignment of Rights. Without any promise to pay or payment of monetary consideration whatsoever, irrevocably grants to Patrons and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, en-code, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the contestant’s name, address, image, voice, likeness, statements, any biographical material and/or Content or other materials relating to the contestant and arising out of his/her participa-tion in this Contest in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the contestant or any other party.
8.1.5. Promotional Rights. Irrevocably grants to Patrons the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to use contestant’s Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute such Content in any media format or medium and through any media channels.
8.1.6. Indemnification. Agrees to indemnify and hold Sponsor, the Patrons and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harm-less from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees at trial and on appeal) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees arising out of or in connection with (a) contestant’s Content (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by contestant of any warranty, agreement or representation contained in the Official Rules or terms of use or in any documentation submitted by contestant; (c) the con-testant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.
8.2. Errors, Malfunctions, Etc/Fraud/Tampering. Sponsor is not responsible for any incorrect or inaccurate entry information; human errors; technical mal-functions; failures, including public utility outages; omissions, interruptions, de-letions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any in-jury or damage to participant’s or any other person’s computer, cell, or wireline telephone, relating to or resulting from participation in this Contest; inability to access the Website or any web pages of the Sponsor or Patrons; theft, tampering, destruction, or unauthorized access to, or alteration of Content or data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines, or the Internet, or any service provider’s facilities, or any website (including the Website) or for any other reason whatsoever, including typographical, printing or other errors, or any combination thereof. Without limiting the generality of the foregoing, nei-ther Sponsor nor Patrons are responsible for incomplete, indecipherable, misdi-rected, misprinted, late, lost, damaged, or stolen submissions, submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected com-puter, telephone or cable transmissions; or for any technical malfunctions, fail-ures, difficulties or other errors of any kind or nature; or for the incorrect or in-accurate capture of information, or the failure to capture any information. Neither Sponsor nor the Patrons are responsible for lost, late, incomplete, dam-aged, stolen, misdirected, or indecipherable content, registrations; or miscom-munications or other errors or malfunctions of any kind whether, human, me-chanical, electronic or otherwise. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor has made a reasonable effort to confirm the precision and accuracy of the answers to the Quiz questions but is not responsible for ensuring the absolute accuracy. Sponsor’s decisions regarding the answers to the Quiz questions shall be final. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry or Quiz process, the Website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. All entries become the property of Sponsor and may not be acknowledged or returned. E-mail or paper entries are not permitted. No screenshots or mechanically reproduced entries will be accepted.
8.3. Internet Participation Only. Participation in the Contest must be made from the Website only. Entries made by any other individual or any entity and/or originating at any other web site or e-mail address, including but not lim-ited to commercial subscription notification and/or entry-service sites, will be de-clared invalid and disqualified for this Contest. The use of any device or applica-tion to automate the entry, Quiz or comment submission or processes or partici-pation in the Contest is prohibited.
8.4. Official Rules are Final and Binding. By entering this Contest, contest-ants acknowledge that they have read and understand these Official Rules and agree to be bound by and acknowledge compliance with these Official Rules in-cluding, without limitation, eligibility requirements and by the decisions of Sponsor. FAILURE TO COMPLY WITH THESE OR ANY OTHER OFFICIAL RULES WILL RESULT IN DISQUALIFICATION. All decisions of Sponsor are final and binding on all matters relating to this Contest.
8.5. Disqualification. Sponsor reserves the right to disqualify any contestant at any time as determined in Sponsor’s sole discretion, should such person at any stage of the Contest: (a) fail to comply with these Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by the Contest or Sponsor at any time; (d) use technology to gain an unfair advantage over any other contestant; (e) engage in unlawful conduct or misconduct, includ-ing without limitation, harming or threatening to harm any other contestant or Sponsor’s personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of Sponsor and/or the implementation of the Contest. The disqualification of a contestant shall be final and not subject to appeal or review for any reason whatsoever.
8.6. Construction of Official Rules. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Neither Sponsor, the Patrons, nor anyone acting on their behalf will enter into any communications with any contestant regarding this Contest, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in these Official Rules are for the convenience of ref-erence only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Spon-sor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Contest or in the an-nouncement of any the prizes. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
8.6.1. Clarification. Unless the context of these Official Rules clearly re-quires otherwise, references to the plural include the singular and to the sin-gular include the plural, references to any gender include any other gender, the part includes the whole, the term “including” is not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning repre-sented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in these Official Rules refer to these Official Rules as a whole and not to any particular provision of these Official Rules. Any reference in or to these Official Rules or any ancillary agreements in-cludes any and all permitted alterations, amendments, changes, extensions, modifications, renewals, or supplements thereto or thereof, as applicable.
8.7. Nature of Relationship/Waiver of Equitable Relief. Each contestant hereby acknowledges and agrees that the relationship between the contestant and Sponsor and/or the Patrons is not a confidential, fiduciary, or other special relationship, and that the contestant’s decision to provide Content for purposes of this Contest does not place either Sponsor or the Patrons in a position that is any different from the position held by members of the general public with re-gard to contestant’s Content. Each contestant understands and acknowledges that Sponsor and the Patrons have wide access to ideas, stories, and other liter-ary materials, and that new ideas constantly are being submitted to Sponsor via the Website. Each contestant also acknowledges that other Content on the Web-site may be competitive with, similar or identical to a contestant’s Content in de-sign, theme, idea, plot, format or other respects. Each contestant acknowledges and agrees that such s/he will not be entitled to any compensation as a result of any Sponsor’s use of any such similar or identical Content. Each contestant ac-knowledges and agrees that Sponsor does not now and in the future shall not have any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to any contestant’s Content respecting, in any manner or context, this Contest. Further, contestant agrees that it shall not bring, nor have a right to, equitable relief of any kind in connection with Sponsor’s use of contestant’s Content re-specting, in any manner or context, this Contest.
8.8. Termination Provisions. In the event an insufficient number of eligible submissions are received, or if Sponsor is prevented from awarding the prizes or continuing with the Contest as contemplated herein by any event beyond its con-trol, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God, public enemy or terror-ist, or due to satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local gov-ernment law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then (subject to any governmental ap-proval that may be required) Sponsor shall have the right to modify, suspend, or terminate this Contest. If the Contest is terminated for a Force Majeure before the designated Contest End Date, Sponsor will (if possible) select Contest win-ners from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, se-curity, fairness, integrity, or proper conduct of this Contest, Sponsor may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (iii) award the prizes by other legitimate means (including random drawing) from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor reserves the right to sus-pend, modify, or cancel this Contest at any time without notice or obligation. If such cancellation, termination, modification or suspension occurs, Sponsor will make a commercially reasonable effort to post notice of such on the Website.
8.9. Identity Conflicts or Disputes. In the event of a dispute as to the identity of a contestant, the authorized account holder of the email address or telephone line that is used in connection with the entry will be deemed to be the registrant or participant. The “authorized account holder” is the natural person assigned a telephone number by a telephone company or wireless carrier, or an email ad-dress by an Internet service or access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. A contestant may be required to show proof of being the authorized account holder.
8.10. Arbitration Provision. By participating in this Contest, each contestant agrees that any claim, dispute, or controversy (whether in contract, tort, other-wise) that it may have with, or claims it may have against, Sponsor or the Pa-trons arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize or prizes, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the AAA’s procedures. Further, each contestant agrees that: (a) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 16; (b) the arbitration shall be held in New York, New York, or at such other location as may be mutually agreed by the contestant and Sponsor/Patron; (c) the arbitra-tor’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable con-testant may have entered into in connection with the Contest; (d) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the contestant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the contestant or Sponsor. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with AAA’s procedures, the balance of this arbitra-tion provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
8.11. Choice of Law. All issues and questions concerning the construction, va-lidity, interpretation and enforceability of these Official Rules, or the rights and obligations of the parties in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York., without regard to choice of law or conflicts of laws principles under such New York law.
9. Releases; Indemnification. By participating in this Contest, each contestant releases Sponsor, as well as the Patrons, and each of their parent companies, part-ners, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, ad-vertising agencies, suppliers, and all others associated with the development and execution of the Contest from and against any and all liability, claims or actions of any kind whatsoever in connection with Contest participation, or in the receipt, possession, ownership or use of any prize awarded in connection with the Contest, or while traveling to or from any Contest event and/or participating in any prize-related activity with respect to or in any way arising from the Contest and/or accep-tance or use of any prize, including, without limitation, liability for personal injury, damages or loss.
9.1. Release of Claims. Each contestant agrees to (i) indemnify and hold Spon-sor and the Patrons, harmless from any and all liability resulting or arising from the Contest, and (ii) release all rights to bring any claim, action or proceeding against Sponsor and/or the Patrons. All contestants hereby acknowledge that the Patrons 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, rela-tive to any prize, including express warranties provided exclusively by any prize supplier that may accompany a prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or ex-clusion of implied warranties, so some of the above limitations or exclusions may not apply. 9.2. California Release of Claims. Each California contestant acknowledges that there is a possibility that, subsequent to his/her involvement with the Con-test and adherence to this Official rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Offi-cial Rules, and which if known by her/him at that time may have materially af-fected his/her decision to participate in the Contest. Such contestants acknowl-edge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such contestants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such contestants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Contest or compete for or receive a prize. Such contestants acknowledge and understand the signifi-cance and consequence of this release and of this specific waiver of such laws.
10. Publicity Release/Privacy. By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any contestant in connection with the Contest, each contestant irrevo-cably grants the Patrons and their respective successors, assigns and licensees, the right to use such contestant’s name, likeness and biographical information, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions conducted by Sponsor, and each such contestant hereby releases Sponsor and Patrons from any liabil-ity with respect thereto. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website and with the consent given by an con-testant at the time of entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. IF YOU DO NOT WANT YOUR PERSONAL INFOR-MATION USED IN THE MANNER DESCRIBE HEREIN, DO NOT ENTER THIS CONTEST.
11. Further Documentation. If Sponsor shall desire to secure additional assignments, certificates or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of theses Official Rules and the Contest, then each contestant agrees to promptly sign and deliver to Sponsor the same upon Sponsor’s request therefor.
12. Dates, Deadlines, Number of Contestants. Due to the unique nature and scope of this Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules. Sponsor is not able to accurately predict the number of entrants that will participate in this Contest.
13. Winner’s Disclosure. For the name of the winner, available at the conclusion of the Contest, visit the Website or, to obtain the name of the Contest winner after March 31, 2009, send a self-addressed, stamped envelope marked “winners” by December 31, 2009, to the following address:
“Indagare Trips of Renewal Contest Attn.: Contest Services INDAGARE TRAVEL 138 East 78th Street, Suite 4B New York, NY 10075 14. Administrator and Sponsor. The administrator and sponsor of this Contest is INDAGARE TRAVEL, 138 East 78th Street, Suite 4B, New York, NY 10075
Copyright ©2008 INDAGARE TRAVEL. All rights reserved.
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