TripAlertz™ Epic Journey into Space Sweepstakes!
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 . 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, 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.
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.
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