Go BIG in Japan Sweepstakes (the “Sweepstakes”)
Official Sweepstakes Rules (the “Rules”)
The Sweepstakes is subject to all federal, state, provincial, and municipal laws.
NO PURCHASE NECESSARY
- Sweepstakes Sponsor: The Sweepstakes is administered, operated and sponsored by Geckos Adventures (the “Sweepstakes Sponsor”).
This Sweepstakes will be run in accordance with these Rules and applicable federal, state and local laws, subject to amendment by the Sweepstakes Sponsor. Entrants must comply with these Rules, and, by entering the Sweepstakes, will be deemed to have received and understood the Rules.
Advertising Sponsors: Geckos Adventures, Verge Magazine and Forsake Inc. Sweepstakes as advertising sponsors (each an “Advertising Sponsors”).
- Sweepstakes Period: The Sweepstakes starts at 08:00am PST on November 18, 2016 and continues until 11:59pm PST on December 16, 2016 (the “Sweepstakes Period”).
- Eligibility: The Sweepstakes is only open to legal residents of the 50 United States (and the District of Columbia), who are at least twenty-one (21) years old at the time of entry. Employees of the Sweepstakes Sponsor and Advertising Sponsors, along with their respective parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws, statutes, rules and regulations and is void where prohibited by law. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Rules. The Sweepstakes Sponsor’s decisions are final and binding in all matters related to the Sweepstakes.
- How to Enter: No purchase necessary to enter or win. To enter, visit sweepstakes.geckosadventures.com during the Sweepstakes Period, complete the entry form, review and accept of the terms and conditions of the Rules, and click on “submit”. All entries become the property of the Sweepstakes Sponsor and Advertising Sponsors and will not be returned. Incomplete entries will not be accepted. Limit of one (1) entry per person throughout the Sweepstakes Period.
If the identity of an entrant is disputed, the authorized account holder of the e-mail address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitted e-mail address is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected entry. All entries must be submitted from a valid e-mail account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid entry in this Sweepstakes will be the Sweepstakes server machine(s).
WARNING: ANY ATTEMPT BY AN ENTRANT OR OF ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF ANY SUCH ATTEMPT IS MADE, SWEEPSTAKES SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES) FROM ANY SUCH ENTRANT, FOLLOWER OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.
- Prize: There is one (1) prize available to be won in the United States of America, consisting of:
- One (1) spot on the ten (10) day Discover Japan small group trip package to Japan provided by Geckos Adventures for the Winner.
- $1,500 USD to be provided to prize winner to cover round-trip airfare for winner. Any additional costs are at the winner's expense.
- One (1) pair or Forsake shoes
- One (1) subscription for Verge Magazine (collectively the “Prize”).
Approximate retail value of the Prize is up to $4,072 USD based on United States of America departure, and Japan destination. Actual retail value may vary depending on the originating airport of departure and time of travel. The Winner will not be entitled to any difference between actual and approximate retail value of the Prize. Prize portions may not be exactly as shown in Sweepstakes publicity or promotional materials.
Travel portion of the Prize will be subject to the following terms and conditions:
(i) Trip portion of the Prize is for one (1) spots on the Discover Japan;
(ii) Trip Prize does not include spending money, travel taxes, trip kitties, and any costs related to travel insurance, passports, visas, vaccinations, transfers and all other ancillary costs (as well as the costs of obtaining any of these). All such costs and matters are the responsibility of the Winner;
(iii) Formal booking of trip portion of the Prize must be completed by June 30, 2017 for travel departing by October 31, 2017;
(iv) The trip Prize provided must be accepted as awarded, there are no substitutions;
(v) The trip Prize is non-transferable, has no cash value and cannot be redeemed for cash;
(vi) Once booked, the trip Prize will be subject to the terms and conditions of Geckos Adventures located at: http://www.geckosadventures.com/en-us/booking-terms-and-conditions;
(vii) Winner is solely responsible for all costs not expressly described herein including, without limitation, applicable taxes, fuel/currency surcharges, airport transfer transportation fees not included in trip itinerary, additional meals and alcoholic beverages, other than described herein, room service, gratuities, merchandise, telephone calls, medical and travel insurance together with any necessary travel documentation including passports and visas, as applicable and to comply with any customs and immigration requirements, and all personal expenses of any kind or nature, together with any applicable overnight layover;
(viii) Winner is solely responsible for all costs incurred to and from the departure point as the trip portion of the Prize originates and terminates there;
(ix) Winner must have a valid passport for travel with at least 2 empty pages and 6 months' validity after the date of departure.
(x) Winner is required to obtain medical insurance prior to departure and it is recommended that Winner obtains sufficient personal insurance prior to departure;
(xi) Winner should consult a physician prior to travel to determine the advisability of immunizations and inoculations that may be appropriate; and
The Winner shall be responsible for the payment of any and all federal, state, provincial and local taxes due as a result of accepting the Prize.
Travel restrictions and blackout periods may apply. Prize is subject to flight availability. The Winner will be solely responsible for all other incidental costs and expenses related to their prize not mentioned above, including, but without limitation, transportation to and from the event, gratuities, personal expenses, meals, entertainment, etc. The Sweepstakes Sponsor will not be held to award more prizes than as set out in these Rules. The actual number of prizes awarded will be based on the number of eligible entries received. There are no deviations to travel allowed (i.e. length of stay, number of guests, flight stopovers, travel dates, etc.). Formal trip booking must be confirmed by June 30, 2017 for travel departing by October 31, 2017.
- Winner Determination:
One (1) entry will be selected via random drawing from among all eligible entries by Geckos Adventures on December 14th at 11:00 am PST in Petaluma, California to select one (1) winner (the “Winner”). Geckos Adventures will contact the selected entrant via e-mail within two (2) business day of the random drawing (“Winner Notification”). If a selected entrant cannot be contacted within seven (7) business days of the first attempt to contact (including failing to reply to the Winner Notification) or, if contacted, does not claim his/her prize, or does not meet all of the Sweepstakes conditions outlined in these Rules, the selected entrant will be disqualified and forfeits his/her prize, and another entrant may be randomly drawn from among all remaining eligible entries whom a representative of the Geckos Adventures will attempt to contact, and who will be subject to disqualification in the same manner. This process will continue until contact is made with a selected entrant who meets Sweepstakes requirements or until there are no more eligible entries, whichever comes first. The Sweepstakes Sponsor is not responsible for failed attempts to notify any selected entrant. Upon prize forfeiture, no compensation will be given. The chances of winning are solely dependent on the total number of eligible entries received.
- Prize Substitution: Any prize is non-exchangeable, non-transferable, non-refundable, has no cash-surrender value, and must be accepted as awarded with no substitutions. The Sweepstakes Sponsor reserves the right, in its sole discretion, to substitute and/or modify any prize with (a) prize(s) of equal or greater value for any reason.
- Winner Conditions: To be declared the Winner, a selected Entrants must first: (i) have complied with, be in compliance with, and continue to comply with the Rules; (ii) correctly answer, unaided, a time-limited, mathematical skill-testing question to be administered via release form and (iii) sign and return a Declaration and Release Sweepstakes Sponsor and Advertising Sponsors form within a specified period of time.
- Conditions of Participation: By participating in the Sweepstakes, each Entrant agrees to the following:
- The Sweepstakes is open only to legal residents of (i) the 50 United States of America and the District of Columbia, who are at least twenty-one (21) years old and no greater than 29 years old at time of travel to ensure ability to travel on a Geckos Adventures tour.
- Employees, officers and directors of Sweepstakes Sponsor and Advertising Sponsors and each of their respective parent and affiliate companies and advertising and promotion agencies, as well as members of the immediate families (spouses, parents, siblings and children, and each of their respective spouse, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate.
- Each Entrant is responsible for complying with these Official Rules. All entries become the property of the Sweepstakes Sponsor and Advertising Sponsors none will be returned. No correspondence will be entered into except with the selected Winner who will be notified in accordance with these Rules. Sweepstakes Winner must consent to the use and disclosure to third parties and to the public, of the Winner’s name, photograph, voice, video footage and/or statements for publicity purposes without compensation, in any future publicity carried out by Sponsor
- All participants in this Sweepstakes and any Winner of the Sweepstakes agree to release and hold harmless the Sweepstakes Sponsor and Advertising Sponsors and each of their respective parents, subsidiaries, related companies, franchisees, and each of their respective shareholders, members, officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use or misuse of any prize, including, without limitation: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from the entrant’s participation in the Sweepstakes or from downloading any material from the Sponsor’s web sites, regardless of whether the material was prepared by the Sweepstakes Sponsor or any third party, and regardless of whether the material is connected to the Sweepstakes Sponsor’s web sites by hypertext link. If, for any reason, an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant’s sole remedy is another entry in the drawing described in these Rules. If it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, the Sweepstakes Sponsor, in its sole discretion, may elect to hold a random draw from among all eligible entries received up to the date of discontinuance for the prize offered herein. No more than the Prize will be awarded.
- The Prize may be forfeited and an alternate Winner may be selected (as provided in these Official Rules) unless the Winner signs and returns, within three (3) days of the date of the accompanying cover letter, Advertising Sponsor’s standard declaration and release forms, confirming eligibility and compliance with these Rules and releasing the Sweepstakes Sponsor, Advertising Sponsors, and their respective advertising and promotional agencies, and each of their respective parents, affiliates, subsidiaries, related companies, franchisees, and each of their respective shareholders, members, owners, partners, officers, directors, employees, representatives, agents, dealers, successors and assigns and its designates persons (each, a “Releasee”) from any and all liability caused by, resulting from, or arising out of the acceptance or use of the Prize, the use of any personal information or the use of merchandise or services purchased in relation to winning the Prize.
- The Releasee assumes no responsibility for lost, stolen, delayed, damaged, or misdirected entries or for typographical or other production errors. Any attempt to deliberately undermine the legitimate operation of this Sweepstakes is a violation of the criminal and civil laws of the United States. Should such an attempt be made, Advertising Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Entries are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.
- The Sweepstakes is subject to all applicable United States federal, State, provincial, municipal and local laws, by-laws and regulations and is void where prohibited as provided in these Rules.
- In the event of any inconsistency or discrepancy between the terms and conditions of these Rules and statements contained in any Sweepstakes-related materials, the terms and conditions of these Rules shall prevail, govern and control.
- Any and all taxes assessed as a result of receiving a prize will be the responsibility of the Winner. Any other costs of the Sweepstakes are the responsibility of the Winner.
- The Sweepstakes Sponsor and Advertising Sponsors assume no responsibility for failure of the Internet, or the website during the Sweepstakes Period, for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any material in the promotion. The Sweepstakes Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes should a virus, bug or other cause beyond its reasonable control corrupt the security or proper administration of the Sweepstakes.
- The Sweepstakes Sponsor reserves the right, in its sole discretion, to change the terms of this Sweepstakes or to cancel or suspend this Sweepstakes at any time for any reason whatsoever, without prior (or any) notice.
- Except where prohibited, the Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by state court situated in California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or 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 Sweepstakes Sponsors in connection with the Sweepstakes shall be governed by, and construed in accordance with, the Laws of the State of California, United States of America without giving effect to any choice of law or conflict of law rules (whether of the State of California, USA or any other jurisdiction), which would cause the application of the laws of any other jurisdiction other than the State of California, USA.
- By participating, each Entrant also agrees (a) to be bound by these Official Rules; and (b) that the decisions of the Sweepstakes Sponsor are final and binding with respect to all matters relating to the Sweepstakes. By accepting a prize, the Winner agrees that the Sweepstakes Sponsor and Advertising Sponsors may use the Winner's name, and/or voice in any publicity or advertising relating to the Sweepstakes without further compensation or approval (except where prohibited by law).
- Right to Cancel or Suspend Sweepstakes: If for any reason the Sweepstakes is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sweepstakes Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. In such event, no prize of any kind will be awarded.
- Entrants’ personal information will be stored in accordance with the respective rules of the United States of America, as applicable. Such information, if stored in the United States, is subject to the laws of the United States and may be subject to access by the governments, courts or law enforcement or regulatory agencies of the United States pursuant to the laws of the United States. The Personal Data will be held primarily in an electronic database. Each Entrant or Follower has certain rights to access and rectify the information contained in the file held about them and in order to exercise these rights, or to submit any questions, comments or concerns about this consent, please contact the Sweepstakes Sponsor at firstname.lastname@example.org or 201 1st Street, Suite 300, Petaluma CA, USA 94952
- Publicity: By accepting a prize, the Winner agrees that the Sweepstakes Sponsor and Advertising Sponsors and each of their respective designees may use his/her name, photographs, videos, likenesses, city of residence, biographical information, prize information and/or statements about this Sweepstakes for advertising and/or publicity purposes in any and all media (now or hereafter known) throughout the world, in perpetuity without compensation, notification, or permission, unless otherwise prohibited by law.
- Release and Liability: By entering this Sweepstakes, entrants forever release and hold harmless the Releasees from any and all damages, injuries, death, loss, or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Sweepstakes, the acceptance, possession, use or misuse of any prize, or while preparing for and/or participating in any Sweepstakes and/or prize-related activity.
- Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrants and the Sweepstakes Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to its conflict of law rules and provisions. All entrants consent to the jurisdiction and venue of the state of California. All entrants expressly agree that the California courts shall have sole jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and agree to submit to the laws of and the jurisdiction of the federal courts of the United States and state courts of California, and hereby waive the jurisdiction of any other court that now or in the future could be considered competent for any reason. The venue shall only be Petaluma, CA, USA.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable, these Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.