__“Where Are You?” NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A purchase will not improve chances of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AND CANADA (EXCEPT QUEBEC) WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
By entering the “Where Are You?” Sweepstakes (the “Promotion”), entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
PROMOTION PERIOD. Promotion begins August 13 2014 at 12:01 a.m. ET and ends December 31, 2014 at 11:59 P.M. ET, when all entries must be received (“Promotion Period”).
ELIGIBILITY. This sweepstakes (the “Promotion”) is only open to legal residents of the fifty (50) United States, the District of Columbia and Canada (except Quebec) who are at least eighteen (18) years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void in Quebec, outside the fifty (50) United States, the District of Columbia and Canada, and where prohibited. In the event the winner is a resident of Canada, winner will be required to correctly answer, without any aids, a time-limited arithmetical skill-testing question.
HOW TO ENTER. Visit www.condenasttraveler.com/whereareyou each month during the Promotion Period and follow the instructions to complete and submit that month’s entry form, including entrant’s answer to the monthly question, Where Are You?, regarding the whereabouts of the photographed image. You must answer the question correctly in order to be eligible to win. All entries become the property of the Sponsor and will not be acknowledged or returned. Limit: One (1) entry per person and one entry per e-mail address per month during the Promotion Period. All entrant information, including e-mail addresses, is subject to the Privacy Policy of the Sponsor.
WINNER SELECTION AND NOTIFICATION. Sponsor will select one (1) winner each month during the Promotion Period, for a total of five (5) winners. For each month during the Promotion Period, one monthly winner will be selected by random drawing, from among all eligible entries that include the correct answer to the applicable monthly question and are received during the applicable month, on or about the eleventh day of the following month (the “Monthly Drawing Date”). In addition, one (1) grand prize winner will be randomly selected from the remaining pool of all eligible entries (all monthly eligible entries with the correct answer to the applicable monthly question and received during the applicable month but not drawn in a monthly draw) on or about January 20, 2015 (the “Grand Prize Drawing Date”). Any potential winner will be notified by mail, email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) in respect of which the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Promotion. FOR RESIDENTS OF CANADA (EXCEPT QUEBEC). In the event the winner is a resident of Canada, winner will be required to correctly answer, without any aids, a time-limited arithmetical skill-testing question.
PRIZE DESCRIPTION. Monthly prizes: There will be five (5) monthly winners: The monthly prize is one (1) $1,000 gift certificate towards Abercrombie & Kent travel. Gift certificate may be used in conjunction with any of Abercrombie & Kent USA, LLC’s published brochure tour programs, tailor made travel itineraries and pre- and post-tour air and land arrangements. Gift certificates may not be used for air-only reservations and A&K Villas. Gift certificates are non-transferable, non-refundable, cannot be redeemed for travel that includes a promotional offer or Marco Polo Club discount, and have no cash value. The original certificate must be returned at time of redemption. Abercrombie & Kent USA, LLC standard terms and conditions apply to all travel arrangements purchased with gift certificates. Certain restrictions may apply including expiration date. Grand Prize: The will be one (1) grand prize winner: The grand prize is Accommodations for winner and one (1) guest on the December 9, 2015 Classic Antarctica expedition (double occupancy) Category 1, Classic Balcony Stateroom. Prize also includes all meals as noted in the itinerary; airport transfers; complimentary soft drinks, coffee drinks, juices and bottled water while on board; all shore excursions and full lecture program while on board; services of an A&K Expedition Staff and local guides; gratuities for the ship’s crew and A&K Expedition Staff, a complimentary expedition parka and backpack provided on board; and a post-cruise expedition logbook. Roundtrip charter airfare for two (2) from Buenos Aires to Ushuaia is included in the prize. Airfare to Buenos Aires is not included in the prize. The prize is not transferable and has no cash value. The approximate retail value of the grand prize is $26,000, depending on exact itinerary. Actual value may vary based on various factors, including fluctuations in price for airfare and/or accommodations, and distance between the point of departure and the destination. Ground transportation, meals off-site, in-room or other personal charges at lodging (e.g., mini-bar, movies), telephone calls, gratuities, incidentals, and all other expenses are not included. Winner and travel companion must be available to travel on the same itinerary. If winner can not travel for the December 9, 2015 Classic Antarctica expedition, winner forfeits the prize and an alternate winner may be selected. Trip must be booked by March 31, 2015, and may be subject to certain other restrictions, including without limitation blackout dates. Sponsor will attempt to accommodate winner's preferred itinerary, but all specifics thereof will be at Sponsor's sole discretion. Unless child of winner, travel companion must be 18 years of age or older as of the date of departure.
TAXES. All federal, state, provincial, territorial and/or local income and other taxes, if any, are the winner’s sole responsibility. U.S. winners will be issued an IRS Form 1099 for the appropriate ARV of the prize.
ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries that include the correct answer that are received.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his/her name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within five (5) days from the date that Sponsor first tries to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release and, if applicable, must accompany winner on the trip (no additional travel expenses will be awarded should a parent or legal guardian be required to accompany the winner on the trip).
DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), 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. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
WINNER LIST. For a list containing the names of the winners, send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Winner List, “Where Are You?” Sweepstakes, Condé Nast Traveler, 4 Times Square, New York, NY 10036. As of January 1, 2015, address will change to 1 World Trade Center, New York, NY 10007.
SPONSORSHIP. This Promotion is sponsored by Condé Nast, 4 Times Square, New York, New York 10036 (the “Sponsor”).