SHARE YOUR STORY AND WIN A GROUP CRUISE!
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Share Your Story and Win a Group Cruise (the “Promotion”) is open only to legal residents of the fifty (50) United States, the District of Columbia and Canada (excluding Quebec) who are at least eighteen (18) years old at the time of entry. Employees of MSC Cruises USA, eContact, Inc., and any of 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. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The Promotion contains a contest ("Contest").
2. Sponsor: MSC Cruises (USA) Inc., 6750 North Andrews Avenue, Fort Lauderdale, FL 33309. Administrator: eContact, Inc. 901 Yamato Road, Boca Raton, FL 33431.
3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on September 24, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on November 15, 2008 at 11:59 p.m. ET (the "Promotion Period"). The Promotion consists of twelve (12) phases as set forth in the chart below.
Phase |
Starts at 12:00 a.m. ET |
Ends at 11:59 p.m. ET |
9/24/08 |
10/31/08 |
|
Judging Week 1 |
9/24/08 |
10/01/08 |
Voting Week 1 |
10/02/08 |
10/09/08 |
Judging Week 2 |
10/02/08 |
10/09/08 |
Voting Week 2 |
10/10/08 |
10/16/08 |
Judging Week 3 |
10/10/08 |
10/16/08 |
Voting Week 3 |
10/17/08 |
10/23/08 |
Judging Week 4 |
10/17/08 |
10/23/08 |
Voting Week 4 |
10/24/08 |
10/30/08 |
Final Judging Top 5 |
11/1/08 |
11/7/08 |
Final Voting Top 5 |
11/10/08 |
11/15/08 |
Winner Announced |
12/05/08 |
|
Weekly winners announced online 10/10/08; 10/17/08; 10/24/08; 10/31/08.
Administrator’s computer is the official time-keeping device for the Promotion.
5. How to Enter:
a. Contest: During the Submission Phase, visit http://www.theorchestraiscomingtotown.com (the “Website”) and follow the links and instructions to complete and submit the registration form including a valid home address. P.O. Boxes are not permitted. Once you have registered, follow the directions to provide a description of your fantasy MSC Cruises group cruise onboard the MSC Orchestra story in one hundred fifty (150) words or fewer (the “Contest Entry”). By completing the registration and submitting your story, you agree that your Contest Entry conforms to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your story and disqualify you from the Promotion if it believes, in its sole discretion, that your story fails to conform to the Guidelines and Restrictions. Many will enter, few will win. No purchase necessary.
Content Restrictions:
For all Entries: All Contest Entries will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the photos, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. SUBMITTING AN CONTEST ENTRY CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE STORY INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected stories, which are disqualified. Limit: Each entrant may submit one (1) Contest Entry during the Submission Phase.
For All Entrants: Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY/ENTRY AND IS VOID AND WILL NOT BE HONORED.
7. Winner Determination: Sponsor's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.
a. Contest: The Contest winners will be determined through the process outlined below:
i. Judging: During the weekly Judging Phases, qualified judges determined by Sponsor in its sole discretion will select the entrants with the top five (5) Contest Entries submitted during each judging week and post them online the following week for voting based on the following criteria (“Judging Criteria”):
In the case of a tie, the entrant whose Contest Entry received the highest score in the Fit with Theme category will be deemed one of the top five (5) Contest Entries from each week’s submissions. During the Final Judging Phases, qualified judges determined by Sponsor in its sole discretion will select the entrants with the top five (5) Contest Entries based on the following criteria (“Judging Criteria”):
ii. Weekly Voting: During the Weekly Voting Phases, the top five (5) Contest Entries from the week’s submissions will be posted at Website. The Public will be invited to vote for their favorite story the following week. Limit: Each participant may vote one (1) time per day during each weekly Voting Phase. The entrant whose Contest Entry receives the highest number of votes during the Weekly Voting Phase will be a potential weekly winner. In case of a tie, the Sponsor, in its sole discretion, will select from amongst the tied Contest Entries based on score in the Fit with Theme category received during the weekly Judging Phase. Being a weekly Top 5 Winner does not automatically move the contestant to Final Judging.
iii. Final Phase (for all qualified entries): All qualified entries will be considered during the Final Phase. Contest Entries which receive one of the top five (5) highest judging scores from all submitted entries will be potential ("Finalists"). In case of a tie, the Sponsor, in its sole discretion, will select the potential Finalist from amongst the tied Contest Entries based on score in the Fit with Theme category received during the Judging Phase. The top five (5) overall judging score entries from all the entries will be posted online for Final Voting.
iv. Determination of Grand Prize Winner: After the conclusion of the Final Voting Phase, a different group of qualified judges determined by Sponsor in its sole discretion will select from amongst the Finalists the Winner ("Winner") based on the Judging Criteria (defined above) and number of votes received during the final Voting Phase. Limit: Each participant may vote one (1) time per day during Final Voting Phase. In the case of a tie, the entrant whose Contest Entry received the highest score in Knowledge of the MSC Orchestra category will be deemed the winner from amongst the tied entrants. The Final winner will be selected based on the following criteria:
a. Final Judging Score: 75%
Creativity (25%)
Enthusiasm (25%)
Displays knowledge of the MSC Orchestra features, area names, Caribbean destinations (25%)
Fit with Theme – Fun Factor (25%)
b. Number of Votes received during Final Voting Phase: 25%
8. Winner Requirements: Potential Contest winner will be notified by mail, email or phone on or around December 5, 2008. Each potential Contest Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) or (Declaration of Compliance, if Canadian resident) in order to claim his/her prize. If a Canadian resident, the potential winner of any prize will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize. If the potential winner is a Canadian resident and the question is answered incorrectly, the prize will be forfeited. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. If a potential Contest winner is disqualified for any reason, an alternate winner will be selected by the qualified judges based on the Judging Criteria. Only one (1) alternate winner will be determined for a Contest Grand Prize, after which the applicable prize will remain unawarded. Prize will be fulfilled approximately 4-6 weeks after the conclusion of the Promotion. Acceptance of any Contest Prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s, name, city, state, likeness, Contest Entry and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
9. Prizes:
Contest: ONE (1) CONTEST GRAND PRIZE: A cruise for up to 16 people onboard the MSC Orchestra (8 adults, and 8 children under the age of 17) during the Caribbean season January – April, 2009, a total of up to four quad staterooms. Approximate Retail Value: $4,595 ARV: $4,595. For Cruise Prize: Cruise subject to availability and blackout dates. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, meals, incidentals, passenger tariffs or duties, government fees and taxes, fuel surcharges, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, fees for passports if required, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply.Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. FOUR (4) WEEKLY CONTEST WINNERS: MSC Cruises Logo Items Pack Approximate Retail Value: $100 ARV: $100. TOTAL ARV OF CONTEST PRIZES: $4,995.00.
For All Prizes: Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
10. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or useor misuse of any prize.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or useor misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, the appropriate Florida State Court located in Palm Beach County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
14. Entrant's Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy (http://www.msccruisesusa.com/privacy.asp?page_id=413 ).
15. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than March 12, 2009. For the Winner List, send an email with subject line: "Share your Story, Winner List Request,” to msccruises@goecontact.com.
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