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“My Swiss” Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The "My Swiss" Contest ("Contest") will begin at 12:00 PM (noon) Eastern Time (ET) on June 15, 2010 ("Contest Start Date"), and end at 11:59 AM ET on August 10, 2010 ("Contest Period"). The Sponsor computer is the official time-keeping device for the Contest. The Sweepstakes is sponsored by RAIL EUROPE, INC. ("RAIL EUROPE") 44 South Broadway, White Plains, NY 10601 ("Sponsor") who is solely responsible for all aspects of this Contest.
Eligibility: The Contest is intended for viewing and participation in the 50 United States and the District of Columbia ("U.S.") and Canada (excluding the province of Quebec) only and shall only be construed and evaluated according to U.S. law. You are eligible to enter the Contest if you are (i) a legal U.S. resident located in the 50 United States or the District of Columbia or a legal resident of Canada (excluding the province of Quebec), and (ii) age 21 or older as of June 15, 2010. To participate in the contest, the entrant must have Internet access, a Twitter account and be a Rail Europe Twitter page follower at http://twitter.com/raileurope. Becoming a twitter member and a Rail Europe Twitter follower is free. If you are not a Twitter member, and would like to become one, visit www.Twitter.com. You can become a Rail Europe follower by visiting http://twitter.com/raileurope. Employees, officers and directors of the Sponsor, its parent company, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies, American Sweepstakes & Promotion Company ("Released Parties"), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law.
How to Enter: Each Tuesday (6/15, 6/22, 6/29, 7/6, 7/13, 7/20, 7/27, 8/3, 8/10) at 12:00 PM (noon) ET during the Contest period, a Swiss related travel question will be posted on Twitter with the hashtag #MySwiss from the Rail Europe twitter http://twitter.com/raileurope ("Website"). All tweets related to the contest will include the hashtag #MySwiss. Each participant must provide their answer to the Swiss related travel question to Rail Europe's Twitter account via Direct Message. All contest entries for the weekly Swiss related question must be received no earlier than 12:00 PM (noon) ET (on Tuesday) and no later than 11:59 PM ET (on Wednesday) during the Contest Period. Limit one (1) contest entry per person per week. Sponsor reserves the right to disqualify any person that submits more than maximum allowed entries. The Sponsor and Released Parties are not responsible for damaged, lost, late, misdirected, or incomplete Contest entries. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor Twitter Website; (b) violating the Official Rules or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any personally identifiable information collected during an entrant's participation in this Contest will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Contest. Participant specifically acknowledges and agrees that RAIL EUROPE may utilize information obtained from participant in order to contact participant and/or to offer RAIL EUROPE products or services.
Contest Winner Determination: Each Contest entry will be reviewed by a qualified judge (or panel of judges) whose decisions are final. The first contest entry with the correct answer to the weekly Swiss related travel question received at the Twitter location specified after 12:00 PM (noon) ET (on Tuesday) and prior to 11:59 PM ET (on Wednesday) (“Time Period”) during the Contest Period will be declared a Grand Prize winner. There will be a maximum of one (1) Grand Prize winner each week during the Contest Period; if a correct answer is not received for a weekly contest question within the allotted weekly Time Period, and then no winner will be awarded for that week.
Internet Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Sponsor’s control, which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award prizes using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any person’s computer related to or resulting from Contest participation; typographical, printing or other errors or omissions in these Official Rules, in any Contest-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes..
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
GRAND PRIZES: There will be nine (9) Grand Prize winners. Each Grand Prize winner will receive a Rail Europe first class three (3) day Swiss Flexi Pass (“Pass”). The Approximate Retail Value of the Grand Prize is $387. The prize will be awarded via home delivery service of Sponsor’s choice. The redemption of the prize is subject to Rail Europe first class three (3) day Swiss Flexi Pass terms and conditions. If a Contest winner does not completely utilize the prize, no credit will be granted for the difference between the prize value and the winner Swiss Flexi Pass usage. Contest Winners are responsible for their own travel arrangements, including but not restricted to airfare and lodging. Grand Prize winner must advise RAIL EUROPE a minimum of 5 weeks prior to their desired date to use the Pass. Once the Grand Prize winner selects date of travel and the Pass is issued, upon receipt of the Pass, the Grand Prize winner must complete their own travel itinerary (thru RAIL EUROPE website or at destination point). Any Pass modifications (and costs associated) are the Grand Prize winner responsibility. Travel and accommodations are subject to capacity controls, availability, limitations, and other restrictions, all of which are subject to change at Sponsor’s sole discretion. Sponsor shall have no responsibility or liability for cancellations and/or delays or any time changes by the Pass carrier. The Grand Prize winner must provide all transportation to and from departure (and subsequent return) points. It is the responsibility of the Grand Prize winner to arrive at the designated departure location in time for their transportation, with proper travel documentation (including proper identification). Grand Prize winner must be 21 years of age or older. Certain travel and security restrictions may apply and it is the responsibility of the Grand Prize winner to comply with all travel, security and other laws, regulations, and rail passenger rules that apply. The Grand Prize Winner will be solely responsible for all other expenses not specifically set forth herein including but not limited to taxes, meals, transfers, travel insurance, room service, laundry service, alcoholic beverages, telephone charges, tips/gratuities, merchandise, souvenirs, and any other incidentals. The Grand Prize Winner must execute liability/publicity releases prior to issuance of the prize. The Grand Prize will be deemed awarded upon the winner’s receipt of booked Pass. Sponsor will not replace any lost, mutilated, or stolen Passes. The Approximate Retail Value of the Grand Prize is $387, which will vary depending exchange rates, and price fluctuations. Any difference between stated ARV and actual value of Grand Prize will not be awarded. Winners will have until December 31, 2010 to redeem the Rail Europe first class three (3) day Swiss Flexi Pass or prize will be forfeited and no compensation will be awarded. The Pass must be used within six (6) months of the redemption date.
By accepting any of the aforementioned prizes, Grand Prize winners agree to release the Sponsor and Released Entities from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest or for damages of any kind caused by any prize or resulting from acceptance, possession, or use or misuse or failure to use any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Sponsor has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND. All local, state and federal taxes are the sole responsibility of winners. Prizes are not exchangeable, transferable (exception: Grand Prize is transferable to a surviving spouse residing in the same household), or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. All decisions by Sponsor as to prize winners and prizes are final.
Winner Notification: The weekly Grand Prize winners will be posted at 1:00 PM ET on each Wednesday (during the Contest Period) provided the correct answer (and appropriate winner identification) has been received. Each Grand Prize winner will be contacted via Twitter Direct message at which time he/she must provide the following registration information: first name, last name, street address, city, state, zip code, date of birth, phone number, and email address via Direct Message. Following receipt of the registration information, the Grand Prize winner will be contacted by telephone and/or USPS mail, or other home delivery service of Sponsor’s choice. LIMIT – One (1) Grand Prize per person during the Contest Period.
Prize Conditions: All Grand Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. The Grand Prize winners will be required to provide proof of identification (Driver license, Passport or Birth Certificate) either via email or fax before the Grand Prize will be issued. If potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return proof of identification requisite document within three (3) calendar days, or if a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner (i.e., the next participant that provided the correct weekly answer) may be selected for the prize at issue. The winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
Terms & Conditions: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, and distributors and each of their officers, directors, employees and agents ("Released Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Entrants further acknowledge that the Sponsor and Released Parties 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, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation may be prosecuted, in the Sponsor’s sole discretion, to the fullest extent of the law. By participating, entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of New York, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York.
Winners List: To request a copy of the winners list, please send a self-addressed, stamped business size envelope, by November 10, 2010, to: ASC/“My Swiss” Contest Winner List, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: RAIL EUROPE, INC. 44 South Broadway, White Plains, NY 10601