THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER U.S. TERRITORIES AND POSSESSIONS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.
THIS OFFER, OR A SUMMARY OF THE OFFER, MAY NOT BE REPRODUCED, REPRINTED OR PUBLISHED ELSEWHERE IN ANY FORMAT WITHOUT THE WRITTEN PERMISSION OF THE SPONSOR.
“Trafalgar’s $60,000 Giveaway”— Official Rules
No Purchase Necessary. A purchase will not increase your chances of winning a prize.
1. The Sweepstakes Period is from Midnight, January 2, 2007, PT ("Sweepstakes-Start") to 11:59 PM, PT June 30, 2007 ("Sweepstakes-End"). Time is governed by Sponsor’s clock.
2. Eligibility: This Sweepstakes is open only to legal residents of the 50 United States and DC (excluding, without limitation, Puerto Rico and other U.S. territories and possessions) who are 21 years of age or older at the time of entry and who are employed as travel agents. All determinations of eligibility will be made by Trafalgar Tours West, Inc. (“Sponsor”) in its sole discretion, and whose decisions are final. Employees, officers, directors and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless where they live) or members of household of Sponsor or any other companies within the Travel Corporation Group of Companies and THE MARKETING AGENCY, LLC, their respective parent companies, subsidiaries, advertising, design, printing and publicity agencies and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded the prize.
3. How to Enter: For each Trafalgar tour you book during the Sweepstakes Period where a deposit is received by Trafalgar Tours within 10 days of booking, you will automatically be awarded one entry. You may also enter by sending a postage paid letter on your company’s letterhead on which you have hand printed your full name, address, company name, title, daytime phone number and company email address for which you are the authorized user to: Trafalgar’s $60,000 Giveaway, c/o The Marketing Agency, PO Box 9133, Newton Upper Falls, MA 02464-9133. You may enter as often as you wish but each entry must be in a separate envelope. Letter entries will be added to a drawing period if they are postmarked by the end of the drawing period and received up to seven (7) days later. “Authorized user” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address.
4. Winner Selection: There are three drawing periods and related sets of prizes as follows:
Drawing Period for Qualified Prizes 1/2/ to 2/28/2007 (1) Prize: $10,000 3/1 to 4/30/2007 (1) Prize: $20,000 5/1 to 6/30/2007 (1) Prize: $30,000
Bookings Received with deposits
up to 10 days later and letters
postmarked in the period and
received up to seven (7) days later:
Entries will not be rolled over to the next drawings. You must be awarded an entry in each drawing period to qualify for that drawing. Potential winners will be chosen in random drawings approximately 20 days after each of the three drawing periods from all eligible entries awarded and received during the drawing period in question. Potential winners will be notified within ten (10) days after the selection is made via USPS, email or fax at Sponsor’s discretion.
5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: Drawing Period 1/2/2007 to 2/28/2007 (1) Prize: A check for $10,000. Drawing Period 3/1/2007 to 4/30/2007 (1) Prize: A check for $20,000. Drawing Period 5/1/2007 to 6/30/2007 (1) Prize: A check for $30,000. Odds of winning any Prize: Dependent on number of eligible entries awarded during each drawing period. A prize will be awarded if properly claimed.
6. General: Sweepstakes administration and winner selection and verification will be supervised by THE MARKETING AGENCY, LLC, an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sponsor reserves the right to terminate the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly. Winner will be drawn for that drawing period only from eligible entries received up to the time of cancellation. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor’s sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant’s entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prizes listed and the values listed in these Official Rules shall be awarded. All prizewinners will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release within seven (7) days of date on notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in random drawings. By entering this Sweepstakes, you explicitly agree to release and hold harmless Trafalgar Tours West, Inc. and THE MARKETING AGENCY, LLC, their respective affiliates, parent companies, subsidiaries, successors and their respective, advertising, design, and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which you now have or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of your participation in the Sweepstakes and the acceptance and use or misuse of a prize. Prizewinner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming, seeking to redeem or traveling to/from redeem said prize. The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer or exchange will be allowed. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner may be selected in a random drawing.
7. All federal, state and local laws and regulations apply. If any provision of this Sweepstakes shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Sweepstakes void where prohibited, licensed, restricted or taxed.
8. All taxes are winner’s responsibility and a 2007 form #1099 will be issued to all prizewinners in the amount of the ARV of the prize.
9. This offer, or a summary of the offer, may not be reproduced, reprinted or published elsewhere in any format without the written permission of the sponsor.
10. Acceptance of the prize constitutes permission to use a winner's name, travel agency name, city, state, voice and likeness and any and all identifying characteristics including, but not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
11. Sponsor and THE MARKETING AGENCY, LLC and all production agencies are not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
12. All entries submitted become the property of Sponsor and none will be acknowledged or returned.
13. Sponsor and The Marketing Agency, LLC collect personal information from you when you enter the Sweepstakes. The information collected is subject to Sponsor's Privacy Policy found on the Sponsor’s website at http://trafalgar.com/USA/Conditions#Privacy%20Policy and The Marketing Agency’s Privacy Policy found at http://themarketingagency.com/html/sweepstakes.html.
14. By entering this sweepstakes, an entrant agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a Federal court of competent jurisdiction sitting in Orange County, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages and in no event attorneys' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
15. For a winners list — available on or about September 15, 2007. Send a self addressed, stamped, # 10 business envelope to Winners — Trafalgar’s $60,000 Giveaway, c/o The Marketing Agency, 233 Needham Street, Suite 300, Newton MA 02464 to be received by September 15, 2007. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
16. This Sweepstakes is sponsored by Trafalgar Tours West, Inc., 801 E. Katella Ave., Anaheim, CA 92805. This Sweepstakes is administered by The Marketing Agency, LLC, 233 Needham Street, Suite 300, Newton, MA 02464.
