TripAlertz™
Epic Journey into Space Sweepstakes!
OFFICIAL
RULES
No
Purchase Necessary to Enter or Win. Each Purchase and Non-Purchase entry has an
equal chance of winning. VOID WHERE PROHIBITED BY LAW OR REGULATION. YOU MUST BE A TRIPALERTZ MEMBER and 21 YEARS
OF AGE OR OLDER TO ENTER. GRAND PRIZE IS
ASSIGNABLE BY WINNER, SUBJECT TO THE APPROVAL OF XCOR AEROSPACE, BUT MAY NOT BE
SOLD.
PARTICIPANTS
ACKNOWLEDGE THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH FLYING AND
SPACE TRAVEL, AND THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY
IMPACT ON OR AFFECT THE SAFETY OF SUCH ACTIVITIES, AND PARTICIPANTS ASSUME
THESE RISKS AND DANGERS. PARTICIPANTS WILL BE REQUIRED TO SIGN ALL STANDARD
CONTRACTS AND LIABILITY RELEASES THAT ARE CUSTOMARILY REQUIRED BY XCOR
AEROSPACE OR TRIPALERTZ. PARTICIPANT WILL ALSO BE REQUIRED TO ALLOW TRIPALERTZ
TO USE PARTICIPANTS NAME AND PHOTO IN MARKETING MATERIALS, ALONG WITH
PARTICIPANT’S COOPERATION IN INTERVIEWS AND OTHER REASONABLE REQUESTS TO ALLOW
TRIPALERTZ TO CHRONICLE PARTICIPANT’S EXPERIENCE DURING TRAINING, FLIGHT AND
POST FLIGHT.
1.
PROMOTION
DESCRIPTION: The TripAlertz™ Epic Journey into Space Sweepstakes (the “Sweepstakes”)
begins on or about
March 15, 2011 at 12:01 a.m. Pacific Standard Time (“PT”) and ends at 11:59:59 p.m. PT on June 21, 2011 (the “Promotion
Period). Entry in the
Sweepstakes does not constitute entry into any other promotion, contest or
sweepstakes. By participating in the Sweepstakes, each entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the
decisions of Trip Alertz, Inc., 3048 W. Clarkston Road., Lake Orion, MI 48362,
USA (the “Sponsor”)
with the advice and counsel of COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA
01702 USA (the “Administrator”),
whose decisions shall be final and legally binding in all respects.
2.
ELIGIBILITY:
This promotion is open only to TripAlertz™ existing members, or new members,
who join TripAlertz™ during the Promotion Period, and are legal U.S. residents
(excluding Puerto Rico, U.S. Virgin Islands and Guam), legal Canadian residents
(excluding the Province of Quebec), or legal Residents of the United Kingdom,
and who are twenty-one (21) years of age or older at the time of entry. To
become a TripAlertz member is free; enroll for the TripAlertz™ program at www.tripalertz.com. Employees, officers, and directors of Sponsor,
Administrator, XCOR Aerospace, RocketShip Tours, Colonel Rick Searfoss, and
each of their affiliated companies, subsidiaries, licensees, distributors,
dealers, sales representatives, and each immediate family member of the Sponsor
or Administrator (as defined by the IRS) and/or people having residency in the
same household are not eligible to participate. All eligibility is subject to
all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. Sponsor’s
database clock will be the timekeeper for this Sweepstakes. This Sweepstakes is void where prohibited.
3.
HOW TO ENTER:
TripAlertz™
members: TripAlertz Members
will automatically be entered into the Sweepstakes upon becoming a TripAlertz
member. You may join TripAlerftz™ at www.TripAlertz.com, www.facebook.com/TripAlertz or through other online sites that may be, or are
currently, offered. Existing and new members will automatically be entered into
the Sweepstakes and eligible for all bonus entries. Members must meet all rules
of eligibility for such TripAlertz membership, as published at TripAlertz.com,
and TripAlertz has sole discretion in allowing a person to join, or in
determining that a membership shall be terminated. Any email provided must be a
valid email address regularly used for personal use by the Member, and must be
that person’s email address, as determined in TripAlertz’s sole discretion, and
no person may provide more than two such valid email addresses per person.
EARN
BONUS ENTRIES:
1. Refer-A-Friend:
For each person you refer, that joins TripAlertz (membership is free), you will
earn one bonus entry. The more friends you refer that join, the more entries
you will earn.
2. TripAlertz Spending: For every dollar you spend directly
at TripAlertz on hotels, resorts, cruises, and space travel, you will receive
additional entries (for example: Buy a $5,000 USD Orlando hotel package that
includes tickets to Kennedy Space Center and receive 5,000 entries into the
Sweepstakes).
3. To earn bonus entries without purchase: Mail a postcard
containing your full name, complete address, city, state/province, zip/postal
code, age, telephone number and email address (if any) to: TripAlertz™
Epic Journey into Space Sweepstakes, 3048
W. Clarkston Road., Lake Orion, MI 48362 USA. Entries must be received no later
than 6/27/2011 in order to qualify for the Sweepstakes drawing.
All Personal
information collected in connection with the Sweepstakes will be used in
accordance with the TripAlertz online privacy policy.
Limit:
Two (2) TripAlertz memberships per person.
NOTE:
Entry must be made by the entrant only. Entries made by any other individual or
any entity, including but not limited to commercial sweepstakes subscription
notification and/or entering services, will be declared invalid and
disqualified for this Sweepstakes. Tampering with the entry process or the
operation of the Sweepstakes is prohibited and any entries deemed by Sponsor,
in their sole discretion, to have been submitted in this manner will be void.
In the event a dispute regarding the identity of the individual who actually
submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected
entry will be deemed ineligible. In the event that TripAlertz does not receive
a response to a winner notification email within (3) days, or the prospective
winner cannot promptly provide all information required to verify eligibility,
within (3) business days of being contacted of possibly winning said prize,
TripAlertz may elect to reselect an alternate winner.
PRIZE/ODDS:
One
(1) Grand Prize: TripAlertz Epic Journey into Space for one (1). Prize includes the following:
· Five (5) night luxury resort accommodations during training
and preparation.
· Space flight training and preparation.
· All standard fight equipment for the flight’s use.
· Seat
for one (1) on the XCOR Aerospace Lynx Vehicle with Colonel Rick Searfoss or
another certified pilot. Flight is anticipated to originate from the Mojave Air
and Space Port, approximately 90minutes from Los Angeles or any other site so
selected by XCOR Aerospace, to approx. 200,000 feet in space.
Winner
must have proper identification documents as may be required by Sponsor, XCOR Aerospace, or hotel partners
to register. Prize DOES NOT include transportation, airfare or personal
expenses. Resort will be selected by the Sponsor in its sole discretion.
Approximate retail value $85,000-95,000 USD, yet TripAlertz will value the
prize at the lowest price available to it directly from XCOR. Prize
DOES NOT include transportation, airfare or
personal expenses. Winner is responsible for any and all local, state and/or
federal/or provincial/or country taxes,
as well as any other costs and expenses not specified herein as being awarded
as part of this prize package.
Prize
Notes: Prize winner must schedule and begin appropriate pre-flight documents
within three (3) months of prize issuance date. Winner (or passenger) will be
required to sign all required XCOR documents and release forms, pass a
pre-training and pre-flight medical examination and complete and pass the XCOR
training process before being authorized for the space flight. The Grand Prize
package may be assigned or transferred to a person of winner's choice HOWEVER
no portion of the package may be sold or offered for sale, and any
authorized transfer must be approved by XCOR Aerospace and TripAlertz, and
furthermore, if winner has not passed various flight training requirements,
which cost XCOR cash expenses, the winner will be required to reimburse said
expenses prior to assigning the prize to another party. Winner or passenger
must be twenty-one (21) years of age or older in order to redeem and
participate in the prize activities. Winner must have proper identification
documents as may be required by XCOR to register and as required by the FAA or
other authorities. Prize DOES NOT include transportation, airfare (except space
flight), or personal expenses, except as listed above. Winner is responsible
for any and all local, state and/or federal taxes, as well as any other costs
and expenses not specified herein as being awarded.
The prize
restrictions/conditions stated herein are not all-inclusive and the Prizes described above may be subject to
additional restrictions/conditions, which may be stated in the “Prize
Claim Documents” (defined below). In the event the Prize winner/passenger engages in
behavior that (as determined by Sponsor or XCOR personnel and at their sole
discretion) is obnoxious or threatening, illegal or that is intended to
annoy, abuse, threaten or harass any other person, Sponsor reserves the right to
terminate the applicable experience early, in whole or in part, with no further
compensation.
Approximate retail value of this prize package is based on a
negotiated one-time promotion rate. Prize recipient must be able to pay associated tax
consequences of the Grand Prize.
In the event that XCOR does not offer such space flights by
the end of 2013, for any reason, the winner shall receive $25,000 USD in
Trip Cash for purchases on TripAlertz. Such determination of XCOR inability to
offer such flights shall be made in the sole discretion of TripAlertz.
4. WINNER SELECTION AND NOTIFICATION: A random drawing to be
conducted on or June 28, 2011
from all eligible entries received throughout the Promotion Period. Conduct of the Sweepstakes is under the
supervision of the Administrator. Potential
Prize winners will be notified
in person and/or by phone and/or by email or mail or express mail, whichever is deemed appropriate by the
Administrator, using the contact information
provided at the time of entry. Sponsor shall have no liability for any
potential Prize winner
notification that is lost, intercepted or not received by any potential Prize winner for any reason. If, despite
reasonable efforts, any potential Prize winner does not respond within (2) days of the first notification attempt, or
if the prize notification is returned
as unclaimed or undeliverable to such potential Prize winner, such potential Prize winner will forfeit his or her prize, in TripAlertz’s sole
discretion, an alternate winner may be selected. If any
potential Prize winner is found to be ineligible, or if he or she has not complied with these Official
Rules or declines a prize for any reason prior to
award, such potential Prize winner will be disqualified and an alternate Prize
winner may be selected. If a winning entrant is from Canada, the entrant will be
required to first correctly answer a
mathematical skill testing question without assistance of any kind (whether mechanical or otherwise) within
a 2-minute time limit in order to be eligible to win prize. The question will be administered by phone
within seven (7) business days following
the drawing. If entrant cannot be contacted and the skill testing question administered, the prize will be forfeited
and an alternate entrant will be selected. Prizes will be awarded only if the potential prize winner fully
complies with these Official Rules.
5. GENERAL PRIZE RESTRICTIONS/CONDITIONS: Prize winner
shall be solely responsible for all
federal, state and/or local taxes, and the reporting consequences thereof, sales tax, surcharges,
service charges, delivery, processing and handling fees, and all other costs incurred in claiming
the prize. The potential Grand Prize winner will be required to execute an Affidavit of Eligibility, a
Liability Release, and (where legal) a Publicity
Release (collectively, “Prize Claim Documents”). If a winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of
prize notification, the winner may be
disqualified and an alternate winner may be selected.
Entrants agree that Promotion
Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from
participation in the Sweepstakes or any
Sweepstakes related activity, or from entrants’ acceptance, receipt, possession
and/or use or misuse of any prize, and
(B) 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, with respect to any
prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Without limiting the
generality of the foregoing, in
addition to signing any release documents required by the prize supplier or its
designee, each prize winner and
his or her guest acknowledge that they are participating in activities (the "Event") at their own risk, and understand that in the course of
their participation in the Event they
may have the opportunity to engage in various activities
which may be considered to be dangerous, embarrassing and/or humiliating. Each
knowingly consents to participate in any or all such activities under their own
free will and without duress or
under the influence of any third party, and acknowledge the inherent and unexpected dangerous,
embarrassing and/or humiliating conditions involved
with such participation.
Sponsor makes no warranties, and hereby disclaim any and all
warranties, express or implied, concerning any prize furnished in connection
with the Sweepstakes. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSORS HEREBY DISCLAIMS
ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
6. PUBLICITY
RELEASE: Acceptance of any prize constitutes prize winner’s permission for the
Promotion Entities to use prize winners name, photograph, likeness, voice,
video, biographical information, statements and complete address (collectively,
the "Attributes"),
for advertising and/or publicity purposes worldwide and in all forms of media
now known or hereafter devised, in perpetuity, without further compensation or
authorization, (except where prohibited by law), and releases the Promotion
Entities from all claims arising out of the use of such Attributes. Good. See
my wording added earlier and ensure that we are covered as broadly as possible.
7. DISQUALIFICATION/FORCE MAJEURE: Sponsor is
not responsible for lost, late,
mutilated, misdirected, illegible, incomplete, inaccurate, stolen, or postage due submissions or prize
notifications. Sponsor reserves the right in their sole discretion to
disqualify any individual who is found to be tampering with the entry process
or the operation of the Sweepstakes, to be acting in violation of these
Official Rules, or to be acting in an unsportsman-like or disruptive manner, or
with the intent to disrupt or undermine the legitimate operation of the
Sweepstakes, or to annoy, abuse, threaten or harass any other person, and
Sponsor reserves the right to seek damages and other remedies from any such
person to the fullest extent permitted by law.
No mechanically reproduced, illegible, incomplete, forged,
software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend,
suspend, or terminate the Sweepstakes if it determines, in its sole discretion,
that the Sweepstakes is technically impaired or corrupted or that fraud or
technical problems, failures or malfunctions or other causes beyond Sponsor’s
control have destroyed or severely undermined or to any degree impaired the
integrity, administration, security, proper play and/or feasibility of the
Sweepstakes as contemplated herein. In the event an insufficient number of
eligible entries are received and/or Sponsor is prevented from awarding prizes
or continuing with the Sweepstakes as contemplated herein by any event beyond
its control, including but not limited to fire, flood, natural or man-made
epidemic of health of other means, earthquake, explosion, labor dispute or strike,
act of God or public enemy, satellite or equipment failure, riot or civil
disturbance, terrorist threat or activity, war (declared or undeclared) or any
federal state or local government 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 Sponsor shall have the right to
modify, suspend, or terminate the Sweepstakes.
If the Sweepstakes is terminated before the designated end date, Sponsor
will (if possible) select the winner in a random drawing from all eligible,
non-suspect entries received as of the date of the event giving rise to the
termination . Inclusion in such drawing
shall be each entrant’s sole and exclusive remedy under such
circumstances. Only the type and
quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners
come forward seeking to claim prizes in excess of the number of each type of
prize set forth in these Official Rules, the winners, or remaining winners, as
the case may be, of the advertised number of prizes available in the prize
category in question may be selected in a random drawing from among all persons
making purportedly valid claims for such prize(s). 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.
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.
8. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS
AND OBLIGATIONS OF ENTRANTS OR SPONSORS IN CONNECTION WITH THE SWEEPSTAKES
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE
STATE OF MICHIGAN IN THE UNITED STATES WITHOUT GIVING EFFECT TO ANY CHOICE OF
LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF
ANY OTHER STATE’S LAWS.
9. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any
legally-required winners list, send a self-addressed stamped envelope to:
TripAlertz Epic Journey into Space Sweepstakes Rules, PO Box 2274, Framingham,
MA 01703-2274 USA. All such requests must be received by June 30, 2011.
© 2011
TripAlertz, Inc. All Rights Reserved