TripAlertz™ Send a Celebrity into Space Contest!

OFFICIAL RULES

No Purchase Necessary. VOID WHERE PROHIBITED BY LAW OR REGULATION.  YOU MUST BE A TRIPALERTZ MEMBER TO VOTE.  GRAND PRIZE IS ASSIGNABLE TO THE WINNING CELEBRITY (OR A CHARITY OF THEIR CHOICE), SUBJECT TO THE FINAL APPROVAL OF XCOR AEROSPACE, TRIP ALERTZ AND FAA REGULATIONS.  

THE WINNER ACKNOWLEDGES 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 THE PARTICIPANT ASSUMES THESE RISKS  AND DANGERS. THE WINNER WILL BE REQUIRED TO SIGN ALL STANDARD CONTRACTS AND LIABILITY RELEASES THAT ARE CUSTOMARILY REQUIRED BY XCOR AEROSPACE OR TRIPALERTZ. WINNER WILL ALSO BE REQUIRED TO ALLOW TRIPALERTZ TO USE WINNER'S NAME AND PHOTO IN MARKETING MATERIALS, ALONG WITH WINNER'S COOPERATION IN INTERVIEWS AND OTHER REASONABLE REQUESTS BOTH BEFORE AND AFTER THE FLIGHT TO ALLOW TRIPALERTZ TO CHRONICLE WINNER'S EXPERIENCE DURING TRAINING, FLIGHT AND POST FLIGHT.  ANY MARKETING WILL BE COORDINATED WITH THE WINNER AND HIS/HER PR FIRM OR AGENT.

1.            PROMOTION DESCRIPTION: The TripAlertz™ Send a Celebrity into Space Contest (the “Contest”) begins on or about Tuesday, May 17, 2011 at 12:01 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET ten (10) business days after any celebrity receives 50,000 votes, or on May 18th, 2012 (the “Voting Period). If a minimum of 25,000 votes are not received by two celebrities, on or before May 18, 2012, the contest will be terminated. TripAlertz reserves the right to extend the contest, yet in the absence of a celebrity receiving 50,000 votes, TripAlertz is under no obligation to grant the prize to any party. Entry voting in the Contest does not necessarily constitute entry into any promotion, Contest or Sweepstakes, yet TripAlertz does currently periodically offer promotions or bonuses to all its members.

By participating in the Contest, 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.            The winning celebrity may, within sixty days written notice of winning, assign the prize to a charitable organization, yet subject to the approval of TripAlertz and XCOR Aerospace. In this instance, TripAlertz will need to be acknowledged as the original sponsor of the contest among other basic requirements. Alternatively, the winner may elect to receive $25,000.00 in Trip Cash to spend on TripAlertz’s travel site for hotels and resorts.

If the celebrity does not acknowledge receipt and acceptance of the prize within sixty calendar days of the winner’s selection, in writing, after written notification of more than 45 days, TripAlertz reserves the right to award the prize to another celebrity, or use the prize for other promotional purposes.

A member of TripAlertz, who votes, for one or more celebrities, and shares the contest link / information, with one or more other person, will be eligible to win an all approved expense paid trip to Orlando including VIP perks at Kennedy Space Center (“KSC”). This package includes three nights hotel, a daily meal allowance for two for three days, two VIP tickets to KSC and a coach airfare travel allowance for up to $400 per person. The total value of this prize is estimated at about $2,500. This promotion is void where prohibited by law or where additional forms or bonding is required.

3.            ELIGIBILITY: Celebrity voting is open only to TripAlertz™ existing members, or new members, who join TripAlertz™ during the Voting Period. 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 Contest. This Contest is void where prohibited.

4.            HOW TO ENTER:

TripAlertz™ members: TripAlertz Members will be allowed to vote in this Contest to determine which celebrity should win the Grand Prize. You may join TripAlerftz™ at www.TripAlertz.com or through other online sites that may be, or are currently, offered via partnerships with TripAlertz. 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.

All Personal information collected in connection with the Contest will be used in accordance with the TripAlertz online privacy policy.

Limit: One vote per person or email address per celebrity.

NOTE: Votes must be made by the entrant only. Votes made by any other individual or any entity, including but not limited to commercial Contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any votes deemed by Sponsor, in their sole discretion, to have been submitted in this manner will be void.

Determining the winning celebrity: The celebrity with the greatest number of votes at the conclusion of the voting period, will win the Grand Prize. The end of the voting period is defined as follows: Once any celebrity achieves 50,000 total votes, the voting period will end at 11:59:59 p.m. PDT, ten (10) business days following any celebrity achieving 50,000 votes.

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 fly to approximately 200,000 feet in space.

Winner must have proper identification documents as may be required by    Sponsor, XCOR Aerospace or the FAA. Prize does include transportation, airfare and personal expenses for a celebrity winner, in premium economy class, as approved by TripAlertz. Resort will be selected by the Sponsor in its sole discretion.

Approximate retail value $95,000 USD, yet for tax purposes, TripAlertz       will provide the winner with its actual cash cost of the promotion. 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 TripCash for purchases on TripAlertz. Such determination of XCOR’s unlikely inability to offer such flights shall be made in the sole discretion of TripAlertz.  

Prize Notes: Prize winner must schedule and begin appropriate pre-flight documents within three (3) months of prize acceptance 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. No portion of the package may be sold or offered for sale except if assigned to a charity for a fund raising effort, which is approved by TripAlertz. The assignment must be in the name of the celebrity, TripAlertz and XCOR Aerospace and any authorized transfer must be approved by Xcor Aerospace and TripAlertz. If a non-celebrity winner (via a charitable donation of the prize) does not pass 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 approved 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.

                           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 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.

5.         WINNER NOTIFICATION: The potential Celebrity Prize winner will be notified in person and/or by phone and/or by email or mail or express mail, whichever is deemed appropriate by the Sponsor. 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 in writing within (45) calendar 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 and the Prize will not be awarded.

6.         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 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 forty-five (45) calendar days of prize notification, the winner may be disqualified and an alternate winner may be selected or TripAlertz may use the prize for non-profit or other promotional purposes.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest.  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.

7.      PUBLICITY RELEASE: Acceptance of any prize constitutes prize winner’s permission for the Promotion Entities to use prize winners publicly available information, including name, photograph, likeness, biographical information and any statements about the prize in all forms of media (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, for a period of twelve months after the winner’s flight, 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. The winner agrees to be available for an interview before and after the space flight.

8.   DISQUALIFICATION/FORCE MAJEURE: 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 Contest, 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 Contest, or to annoy, abuse, threaten or harass any other person. 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 Contest if it determines, in its sole discretion, that the Contest 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 Contest 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 Contest 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 Contest.  If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect celebrities listed for voting as of the date of the event giving rise to the termination. 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 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.

9. 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 CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS 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.

10. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally-required winner list, send a self-addressed stamped envelope to: TripAlertz Send A Celebrity into Space Contest Rules, PO Box 2274, Framingham, MA 01703-2274 USA. All such requests must be received by 12/31/2011

© 2011 TripAlertz, Inc. All Rights Reserved