Exodus Travels – Life Of Adventure Sweepstakes

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[Exodus Life Of Adventure SWEEPSTAKES]
OFFICIAL RULES
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, PROVINCIAL, LOCAL AND MUNICIPAL LAWS
AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
SPONSOR DETAILS
The sole sponsor of the #Life Of Adventure contest (“Sweepstakes”) is Exodus Travels Canada, Inc. 112
Merton Street, Suite 1, ON, M4S 2Z8 Canada (“Sponsor”).
TERMS
The Sweepstakes begins at 12:01 p.m. Eastern Time (“ET”) on the fifth [5] November 2019 and ends at 11:59
p.m. ET on the seventeenth [17] February 2020 (“Sweepstakes Period”). Information in this document forms
the official rules (“Official Rules”). By submitting an entry, each entrant (“Entrant”) agrees to the Official Rules
and warrants that their entry complies with all requirements set out in the Official Rules.
ELIGIBILITY
The Sweepstakes is open to any person who is: (i) a legal resident of the United States of America (including
the District of Columbia, but excluding New York), and 21 years of age; or (ii) a legal resident of Canada
(excluding the Province of Quebec) who is of or over the age of majority in the province in which he or she
resides. Age and residency requirements must be met at the time of entry into the Sweepstakes. Persons
who are employees of the Sponsor, their respective parent companies, affiliates, subsidiaries, agents and
the immediate families (spouse, children, parents and siblings) and/or those living in the same household of
such persons at any time before or during this Sweepstakes are not eligible to enter. No purchase necessary
to participate. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.
Math skill test and internet access required.
HOW TO ENTER
No purchase necessary. To obtain one (1) entry, visit the Sweepstakes webpage
www.exodustravels.com/lifeofadventure (the “Sweepstakes Webpage”). Limit one (1) entry per person. On
the Sweepstakes Webpage, the Entrant will be asked to create an account and entering their First Name,
Last Name, Email address. The following information must be included with respect to any profile: first/last
name, email address. Once the Entrant has created his/her profile, he/she must select three (3) adventures
from the options and criteria provided by the Sponsor. Limited to one Entry per person. Internet and phone
access are required. All Entrants must agree to the contest rules and regulations, and then opt-in whether
they want or not to receive further communication from the Sponsor.
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WINNER SELECTION
There will be one (1) Prize (the “PRIZE”) available to be won consisting of either one (1) $2,500 CAD Exodus
Travels credit for an Exodus Small Group Tour or one (1) $2,500 USD Exodus Travels credit for an Exodus
Small Group Tour (a “CREDIT”) per calendar year for twenty-five (25) consecutive calendar years. If the
winner is a resident of Canada the Prize will be awarded in CAD. If the winner is a resident of the United
States the Prize will be awarded in USD. The total approximate retail value of the Prize is $62,500 CAD or
$62,500 USD. One (1) Entrant will be selected at random by an independent person, from all eligible
entries received during the Sweepstakes Period. Entrant will be chosen on or around eighteenth (18)
February 2020 and notified by email. Odds of being selected depend on the number of eligible entries
received during the Sweepstakes Period. The selected Entrant will be notified by email to the email
address provided in the Entrant’s entry within seven (7) business days after the Sweepstakes Period. In
order to be declared the winner, selected Entrant must: (i) respond to notification of selection within seven
(7) days of first attempt by Sponsor; (ii) if a legal resident of Canada (excluding Quebec), correctly answer a
time-limited math skill-testing question without assistance of any kind, to be administered by telephone at a
mutually convenient time; (iii) if requested, sign and return to Sponsor, within two (2) business days of it
being sent by Sponsor, a written affidavit/declaration of eligibility and release form (including a publicity
release), releasing the Promotion Entities from any liability in connection with this Contest or the use,
misuse, awarding or possession of any prize (“Release”); and (iv) otherwise comply with these Official
Rules. If the Sponsor is unable to confirm the Entrant within seven (7) days of notification being sent, if the
Entrant is disqualified, or if the Entrant fails to correctly answer the skill-testing question (if applicable), the
prize will be forfeited and an alternate Entrant will be selected at random by an independent person from
all remaining eligible entries. Sponsor may refuse or disqualify any entry if the Entrant concerned (or
anyone authorized by the Entrant to deal with their entry) acts in a way towards the Sponsor or its staff that
Sponsor reasonably considers to be inappropriate, unlawful or offensive. If the selected Entrant is
disqualified, or refuses the prize, the Sponsor reserves the right to select and award the prize to another
Entrant through the random selection process described above. The Sponsor reserves the right to check
the validity of entries, and proof of identity may be requested by the Sponsor from the winner. The Sponsor
will not be liable if the prize does not reach the winner for reasons beyond the Sponsor’s reasonable
control. Prior to and as a condition of receiving the prize, the winner will be required to execute and return
any applicable tax documentation.
GRAND PRIZE
There will be one (1) Prize (the “PRIZE”) available to be won consisting of either one (1) $2,500 CAD Exodus
Travels credit or one (1) $2,500 USD Exodus Travels credit (a “CREDIT”) per calendar year for twenty-five
(25) consecutive calendar years. If the winner is a resident of Canada the Prize will be awarded in CAD. If
the winner is a resident of the United States the Prize will be awarded in USD. The total approximate retail
value of the Prize is $62,500 CAD or $62,500 USD. Use of each Credit is subject to the terms and
conditions of the issuer, as may be amended from time to time. The first Credit will be given to the
confirmed winner on first [1] March 2020 and must be used by December 31, 2020. Each subsequent
Credit will be provided to the confirmed winner on January 1st of the following calendar year and must be
used by December 31st of that calendar year. If the entire amount of the Credit for a particular calendar
year is not used, in full, during that calendar year, then any amount remaining on such Credit will be
forfeited in its entirety.
Without limiting the generality of the foregoing, the following conditions apply to the use of each Credit: (i)
the confirmed winner will be solely responsible for paying for all additional costs above and beyond the
value of the Credit; (ii) the confirmed winner will not be awarded any difference in amounts if the costs
associated with his/her trip are less than the value of the Credit; (iii) Credit cannot be combined with other
Credit(s) and is not valid with any special or exclusive offer and cannot be used towards the purchase of
insurance or international airfare; (iv) Credit must be used within the calendar year in which the Credit is
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valid to book travel to be completed in either: (a) the same calendar year as the Credit is valid; or (b) the
calendar year immediately following the calendar year as the Credit is valid.
If the confirmed winner dies prior to being able to utilize any or all of his/her available Credits, then any
unused Credits will be forfeited in their entirely and cannot be transferred to any other individual or entity.
Each credit used on an Exodus Travels small group tour shall be on the basis, board and inclusions as stated
in the then applicable Trip Notes located on the Sponsor’s website or as otherwise informed to the prize
winner (altogether the “prize”). The prize does not include flights, travel insurance, the cost of transfers to
and from airports or stations, food and drink, spending money, tax or personal expenses not specified in the
relevant inclusions and exclusions in the Trip notes prevailing at the time. Any other costs incurred in addition
to those set out above and that are incidental to the fulfilment of the prize are the responsibility of the
winner(s). The winner agrees that at the time of confirming the use of available credits it shall acknowledge
and accept the Sponsor’s then prevailing booking terms and conditions (currently found at
[https://www.exodustravels.com/about-exodus/exodus-booking-conditions) WEBLINK]) for the Trip provided
to it by the Promoter and such terms and conditions shall apply to the winner’s participation in each Trip. All
prize details not stated or specified in these terms and conditions will be determined at Sponsors’ sole
discretion. Expenses not specifically stated in the prize package outlined above are the sole responsibility
of the winner.
You will be responsible for ensuring that you and any person travelling with you are available to travel and
hold valid passports, any necessary visas and travel documents for the trip in question on the travel dates
specified. Dates once notified to the Sponsor cannot be changed. The winner has twenty five (25)
consecutive calendar years from 1 March 2020 through December 31, 2045 to use their credits for Exodus
Travels small group tours at a rate not to exceed one (1) credit per calendar year. Trips are based upon
availability and certain reasonable travel restrictions such as holiday “black-out” dates or periods may apply as such
are applied from time-to-time by the Sponsor. Dates of travel are subject to change at Sponsors’ sole discretion. The
first credit shall be awarded to the confirmed winner on the first [1] March 2020 and must be used by 31 December
2020. Each subsequent credit will be made available to the confirmed winner on January 1st
of the following calendar
year and must be used by 31st
December of that calendar year. If the credit for a particular calendar year is not used,
during that calendar year, then that credit will be forfeited in its entirety. No credit or destination may be
duplicated. The prize is not transferable, refundable, nor may be sold for cash or other consideration.
By accepting the prize, winner acknowledges that the prize contains some inherent element of risk of
accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other
agencies, known or unknown. Winner acknowledges that such risks may be present at any time before,
during and after the Prize. The winner also agrees that at the time of confirming the use of shall acknowledge,
sign and accept the Sponsor’s then prevailing booking terms and conditions for the Trip provided to it by the
Sponsor and such terms and conditions shall apply to the winner’s participation in each Trip. All prize details
not stated or specified in these Official Rules will be determined at Sponsor’s sole discretion. Expenses not
specifically stated in the prize package outlined above are the sole responsibility of the winner.
DATA PRIVACY; LICENSE
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By entering the Sweepstakes, Entrants are providing their personal information to Sponsor. The personal
information collected through this Sweepstakes is subject to Sponsor’s Privacy Policy
[www.exodustravels.com/privacy-policy], incorporated herein and made a part hereof by this reference (and
available upon written request). Selected entries and the Entrants’ names may be published by Sponsor in
Sponsor’s publications or on its website, or in any other medium, at the Sponsor’s discretion. By entering the
Sweepstakes, Entrants grant a royalty free, irrevocable, perpetual, non-exclusive license in the entries to
Sponsor, and acknowledge that Sponsor may use the entries and a name credit in any media now or
hereafter known, without the restriction, including commercially using and exploiting the entries to fullest
extent possible and without additional compensation to the Entrant. In addition, Sponsor may use Entrant’s
personal details for the purpose of administering this Sweepstakes in accordance with Sponsor’s Privacy
Policy [www.exodustravels.com/privacy-policy] and applicable data protection legislation. By entering this
Sweepstakes, Entrants agree that Sponsor and its business partners may use information to contact the
Entrant about products and services. CANADIAN ENTRANTS: By entering this Sweepstakes, Canadian
Entrants agree to receive email correspondence from Sponsor (or agents of Sponsor) for the purpose of
administering this Sweepstakes and for other purposes to which Canadian Entrants specifically consent.
Display or publication of an entry on Sponsor’s website does not indicate the Entrant will be selected as a
winner. Sponsor will not be required to pay any additional compensation or seek any additional approval in
connection with such use or exploitation.
LIMITATION OF LIABILITY
BY ENTERING THIS SWEEPSTAKES, ENTRANTS EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO
EVENT WILL SPONSORS, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, AGENTS, FAMILY MEMBERS AND/OR RESIDENTS OF THE HOUSEHOLDS OF
SUCH INDIVIDUALS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, OR PUNITIVE
DAMAGES.
WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE SWEEPSTAKES AND TO THE PRIZE,
SPONSOR MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPONSOR ASSUMES
NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN
OPERATION OR TRANSMISSION; COMMUNICATIONS LINE FAILURE; THEFT OR DESTRUCTION OF OR
UNAUTHORIZED ACCESS TO SWEEPSTAKES ENTRIES OR ENTRY FORMS; OR ALTERATION OF
ENTRIES OR ENTRY FORMS.
CONDITIONS
All federal, state/provincial/territorial and local taxes (whether foreign or domestic, and including income,
sales, and import taxes), fees and surcharges on prizes are the sole responsibility of the prize winners. The
winner is encouraged to seek his or her own tax advice regarding the reporting and payment of taxes
associated with the prize. The accuracy of the email address is the responsibility of the Entrant. The Sponsor
reserves the right to verify the validity and originality of any entry and/or Entrant (including an Entrant’s
identity and address) and to disqualify any entry that is not in accordance with the Official Rules. Failure by
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the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights. Any Entrant
who does not meet the requirements may be disqualified in the sole discretion of the Sponsor.
The Sponsor accepts no responsibility for resultant loss or damage to persons or properties as a result of
this prize being awarded. The Sponsor reserves the right to modify, suspend, cancel or terminate the
Sweepstakes, extend or resume the entry period, or change or withdraw the prize at any time without giving
advance notice. If the prize (or part of the prize) is unavailable, the Sponsor, in its discretion, reserves the
right to substitute the original prize (or that part of the prize) with an alternative prize that is equal or greater
in monetary value and/or specification, unless to do so would be prohibited by law.
GOVERNING LAW
Each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with
this Sweepstakes shall be resolved individually, without resort to any form of class action; (ii) any and all
disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved in
the appropriate court located in, or nearest to, Ontario, Canada; (iii) any and all claims, judgments and awards
shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this
Sweepstakes, but in no event attorney’s fees; and (iv) UNDER NO CIRCUMSTANCES WILL ENTRANT BE
PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM
PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN
FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and
Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the
laws of the Province of Ontario, Canada, without giving effect to any choice of law or conflict of law rules,
which would cause the application of the laws of any jurisdiction other than Ontario, Canada.
WINNER LIST
For the name of winner send a self-addressed, stamped envelope to: Exodus Travels Canada, Inc. 112 Merton
Street, Suite 1, ON, M4S 2Z8 Canada. USA residents may omit return postage.