Rail Europe “Train to
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF
WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS
INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND
EVALUATED ACCORDING TO UNITED STATES LAW.
Duration: The “Train to
Eligibility: The Sweepstakes is open to legal
residents of the fifty (50)
How to
Enter: Participants may enter by simply completing the
online Sweepstakes registration form and questionnaire located at http://www.raileurope.com/free-trip-to-spain
(the “Website”). The required
registration form information includes your name, address (including city,
state and ZIP code), phone number, and email address All entries must be
received by 11:59 pm ET on October 31, 2008. Limit one entry per person per e-mail or mailing address, per day. All required information must be completed to enter and to
be eligible to win. Incomplete entries will be disqualified. Proof of entering
information at the Website is not considered proof of delivery to or receipt by
Sponsor of an entry. Internet entries must be made by the
entrant only at the Website. Entries made by any other individual or any
entity, and/or originating at any other web site or e-mail address, including,
but not limited to, commercial sweepstakes subscription notification and/or
entering service sites, will be declared invalid and disqualified for this
Sweepstakes. The use of automated entry devices is prohibited and no
mechanically reproduced entries are allowed; all such entries are void. Released
Parties are not responsible for: late,
incomplete, incorrect, delayed, garbled, undelivered, misdirected entries.
Sponsor reserves the right to disqualify any person or e-mail address that
submits more than maximum allowed entries.
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 Sweepstakes.
Internet
Limitations of Liability: If for any reason, this Sweepstakes 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
affects the proper conduct of the Sweepstakes, 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
Sweepstakes 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; theft, destruction or
unauthorized access to, or alteration of, 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
Sweepstakes participation; typographical, printing or other errors or omissions
in these Official Rules, in any Sweepstakes-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 Sweepstakes, including, without limitation, errors or
problems which may occur in connection with the administration of the
Sweepstakes, 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 Sweepstakes
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 Sweepstakes or by any technical or human error which may occur
in the processing of the entries in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE
ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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. In the
event of a dispute regarding the identity of an individual who actually
submitted an online entry, the entry will be deemed submitted by the authorized
account holder of the email account.
"Authorized account holder" is defined as the natural person
who is assigned to an email account by an Internet access provider, online
service provider or other organization (e.g., business, educational,
institution, etc.) that is responsible for assigning email addresses for the
domain associated with the submitted email address. Potential winners may be
required to show proof of being the authorized account holder.
Grand Prize:
There will be One (1) Grand Prize winner. The Grand Prize winner will receive a 7 day / 6 night trip for two (2) from
Paris (
By accepting the aforementioned
prize, the Grand Prize winner agrees to release the Released Parties from any
and all liability whatsoever for any injuries, losses, or damages of any kind
caused by entering the promotion or for damages of any kind caused by the prize
or resulting from acceptance, possession, or use/misuse of prize awarded, or
while preparing for, participating in, and/or traveling to and from any prize-related
activity. Prize is not exchangeable, transferable, 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 with another
prize of equal or greater value in the event that the prize (or any component
thereof) is not available.
Drawing and Notification: The Grand Prize winner will be
selected from among all eligible entries received, in a random drawing on or
about November 7, 2008, by American Sweepstakes and Promotion Company (“the
Administrator”), an independent judging organization, whose decisions are final
in all matters relating to this Sweepstakes.
Odds of winning will depend on the total number of eligible entries
received. Upon initial notification and verification of the Grand
Prize winner, confirmation will be sent to winner via
Prize Conditions: The Grand Prize winner will be
required to sign an Affidavit of Eligibility and Liability/Publicity Release (and
his or her travel companion, a Travel Companion Waiver) and return it within 10
days of written notification by mail (with proof of delivery) or prize may be
forfeited and an alternate potential winner selected, time-permitting. Before
receiving any prize and as a condition of receiving such prize, the winner must
provide valid photo identification featuring his or her name, date of birth,
and address as it appeared on the entry form supplied, provide his or her social
security number, offer proof of proper age and residency in any state in the
U.S. If a prize or prize notification is returned as unclaimed or undeliverable
to a potential winner, if potential winner cannot be reached within three (3)
calendar days from the first notification attempt, if potential winner fails to
return requisite document within the specified time period, and/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 may be selected for the prize at issue.
Other Terms &
Conditions: The
Sweepstakes is subject to all applicable federal, state, and local laws. A Form
1099 will be issued for Approximate Retail value of the Grand Prize. By
participating in the Sweepstakes, entrants agree to be bound by these Official
Rules and agree that: 1.) Released Parties and their designees and assigns
shall have the right and permission to use (unless prohibited by law) the
winner’s name, photograph, likeness, statements, biographical information,
voice and address (city and state), in all forms of media, in perpetuity,
without further notice, permission or compensation, and 2.) Released Parties
and their designees and assigns and all of their respective officers,
directors, employees, representatives and agents shall have no liability and
entrant will indemnify, defend and hold Released Parties harmless from any
liability, loss, injury, or damage to entrant themselves or any other person or
entity, including personal injury, death or damage to personal or real
property, to entrant or any other person or entity due in whole or in part,
directly or indirectly, by reason of the acceptance, possession, use or misuse
of the prize (including any prize activity or travel related thereto) or
participation in this Sweepstakes. Entrants further acknowledge that said
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. Sponsor
reserves the right, in its sole discretion, to disqualify any entry and to
modify, terminate or suspend this Sweepstakes should virus, bugs,
non-authorized human intervention, action of entrants, or other causes beyond
the reasonable control of Sponsor corrupt or impair the administration,
security, fairness or proper play of the Sweepstakes and, if the Sweepstakes is
modified, terminated or suspended, at Sponsor’s discretion, select winners from
those eligible, non-suspect entries. Entrants further acknowledge that said
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.
Disputes: By
entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims,
and causes of action arising out of or connected with the Sweepstakes, or any
prizes awarded, shall be resolved individually, without resort to any form of
class action; 2.) Any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances
will any entrant be permitted to obtain any award for, and entrant hereby
waives all rights to claim punitive, incidental or consequential damages and
any and all rights to have damages multiplied or otherwise increased 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
entrants and Sponsor or the Released Parties in connection with the
Sweepstakes, shall be governed by, and construed in accordance with United
States law. Any legal proceedings arising out of this Sweepstakes or relating
to these Official Rules shall be instituted only in the federal or state courts
of New York, and the parties consent to jurisdiction therein with respect to
any legal proceedings or disputes of whatever nature arising under or relating
to these Official Rules. The invalidity or unenforceability of any provision of
these Official 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 Official Rules shall otherwise remain
in effect and be construed in accordance with their terms as if the invalid or
illegal provision were not contained herein.
The value of the prizes set forth above represents Sponsor’s good faith
determinations of the ARV thereof and such determinations are final and binding
and cannot be appealed. If the actual
value of any prize turns out to be less than the stated ARV, the difference
will not be awarded in cash.
Consent to Use of Information: 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.
Winners
List: To request
the name of the winner, please send a self-addressed, stamped business size
envelope, by January 7, 2009, to: ASC/“Train to Spain” Sweepstakes Winners
List, 300 State Street, Suite 402, Rochester, NY 14614.
Official
Rules by Mail: For your own copy of the Official
Rules, send a self-addressed stamped envelope to ASC/“Train to Spain”
Sweepstakes Official Rules, 300 State Street, Suite 402, Rochester, NY 14614,
for receipt by October 25, 2008. VT
residents may omit return postage.
Sponsor:
Rail Europe, Inc.,
44 South Broadway, White Plains, NY 10601