WIN EPIC TRIPS TRAVEL SWEEPSTAKES OFFICIAL RULES
NO PURCHASE, PAYMENT, OR DONATION IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE, PAYMENT, OR DONATION WILL NOT IMPROVE YOUR CHANCES OF WINNING. WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED. SCROLL DOWN TO SECTION 9 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.
- SWEEPSTAKES DESCRIPTION. The WIN EPIC TRIPS TRAVEL SWEEPSTAKES consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States and the District of Columbia (the “Territory”) that begins at 12:01am Pacific Standard Time on November 5th, 2017 and ends at 11:59pm Pacific Standard Time on December 30th, 2017, or until a minimum number of entries is received as provided in Paragraph 4(C) below (the “Sweepstakes Period”). Sweepstakes is void in New York, Florida, Alaska, Hawaii, Puerto Rico and other U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. The Sweepstakes is governed by these Official Rules.
- WHO IS ELIGIBLE TO ENTER/TO WIN.
- The SWEEPSTAKES is open only to natural persons who are registered users at www.WinEpicTrips.com, as defined herein, and who are legal residents of the Territory and at least eighteen (18) years old (or the age of majority in their state of residence, whichever is greater), at the time of entry. A registered user at www.WinEpicTrips.com is defined as any individual who has created a user profile and is in good standing as of the beginning date of this Sweepstakes (“Registered User”). Persons in the following categories are NOT eligible to participate: any person who on or after the beginning of this Sweepstakes was or is (a) a director, officer, employee, agent, or independent contractor of Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
- Agreement To Official Rules. Sweepstakes will be conducted in the Territory by Charged Branding LLC (the “Sponsor”), and each person who participates in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory.
- To Be Eligible To Win. Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
- HOW TO PARTICIPATE. There are TWO (2) ways to enter the Sweepstakes
- Automatic Entry with Donation. Simply visit the entry page during the Sweepstakes Period, and follow the prompts to make a donation to the beneficiary charity for the Sweepstakes. Donations are calculated in $10 increments (“Donation Unit”) and Participant will receive one (1) entry for each Donation Unit. You may receive additional entries if you choose to donate more than this minimum amount. In addition, premiums/rewards may be available (not part of the Sweepstakes) for making donations at specified dollar amounts above the minimum donation amount of $10 USD. Details will be listed on the Sweepstakes Page for the applicable Sweepstakes. All donations are final and nonrefundable.
- By Mail. To enter the Sweepstakes, during the Sweepstakes Period, Participant may enter the Sweepstakes without having to make a donation by following the entry method described in these Official Rules. Participant must legibly hand write Participant’s legal name, mailing address, phone number, email, and date of birth on an 8 ½ x 11 inch white piece of standard copier paper, and mail it in a #10 business size envelope, with proper postage prepaid, to Win Epic Trips, P.O. Box 230816, Las Vegas, NV 89105. All mailed entries must be postmarked no later than December 10th 2017, and received by December 23rd 2017. Envelopes must be hand written; an entry received with a typed envelope or entry slip will be disqualified. Multiple entries will be disqualified. Typed or illegible entries will be disqualified. Sponsor is not responsible for lost, delayed, or misdirected mail. Any entry provided through this method that lacks sufficient postage will be disqualified. Proof of submission will not be deemed proof of receipt by Sponsor. No mechanical reproductions will be accepted. The handwritten entry must contain all the required information, otherwise the entry is void. One (1) Entry per eligible Participant is permitted during the Sweepstakes Period using this method so long as Participant has not obtained an entry through any other method. Sponsor assumes no responsibility for lost, late, incomplete, illegible, or postage due mail or entries.
- SWEEPSTAKES – PRIZES/ODDS/DETAILS.
- The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries received (minimum 1000). One (1) prize total is available for distribution in the Territory. The total Approximate Retail Value (“ARV”) for the Sweepstakes prizes is $7,000.00. The actual individual prize value depends on a number of different factors; if the actual value is less than the stated ARV, the difference will not be awarded in cash.
- Grand Prize. There will one (1) Grand Prize: One (1) Winning Entry will be awarded a Trip Prize Package, which includes airfare and activity vouchers, and Prepaid Visa Gift Cards as specified per trip on the Trips Page. Subject to verification of eligibility and compliance with these Official Rules, lodging and airfare, as described in Exhibit A attached to these Official Rules. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
- Winner Selection. The winner will be selected through a random drawing on or about December 30th, 2017. A random drawing from among all eligible entries will be conducted by a representative designated by Sponsor. Sponsor’s decisions are final and binding. Potential winner will be selected at random from among all eligible entries received. A Potential winner is not a winner of any prize unless and until Participant’s eligibility has been verified.
- Odds and Minimum Number of Valid Entries. The odd of winning are dependent on the number of valid entries received. A minimum of 1000 valid entries is required to be received by Sponsor for the Sweepstakes the Grand Prize to be awarded. In the event that Sponsor does not received the minimum number of valid entries by December 25th 2017, the Sweepstakes will end and an alternate prize of a $500 Visa Gift Card will be awarded from a random drawing of among all eligible entries.
- Potential Winner Contact. The potential winner(s) will be contacted via the email provided in their entry within two (2) business days after the drawing, and the potential winner will be required to reply to the email within five (5) business days to confirm receipt of the notification and obtain additional instructions. Failure to respond to Sponsor’s email within the stated time period will result in forfeiture of any potential winnings. Sponsor’s computer is the official timekeeper and all determinations are based upon Sponsor’s timekeeping device. The potential winner must also complete and return Prize Claim Documents within ten (10) business days, or the time period stated in the notification, or the potential winner may be disqualified and forfeit the prize.
- Additional Prize Information. Sponsor may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified. The prizewinner shall be solely responsible for all federal, state, and/or local taxes and other fees associated with prize receipt and/or use. The prize may not be assigned or changed except at the sole and absolute discretion of Sponsor. No Participant may receive more than one (1) prize in any Sweepstakes from Sponsor within a calendar year. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Airline loyalty miles are subject to the terms and conditions on the airline with regard to such loyalty miles.
- PRIZE CLAIM DOCUMENTS. The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Sponsor. All Prize Claim Documents must be returned as provided in the directions to the potential winner. Prizes that require shipping to the winner will ship approximately four to six weeks from date of verification. If verification results in forfeiture, you will not receive the prize. Upon prize forfeiture, no compensation will be given.
- RELEASE. By receipt of any prize, winner agrees to release and hold harmless Sponsor and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent 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 Sweepstakes or receipt or use or misuse of any prize.
- GENERAL PROVISIONS.
- Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole and absolute discretion. In such event, Sponsor, in its sole and absolute 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. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the song purchase mechanism or Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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.
- Sponsor’s computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received entries. Entries may not be acknowledged or returned.
- Each Participant shall only participate in the Sweepstakes on his or her own behalf and can not participate or enter on behalf of any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, or any other methods, shall void Participant’s entry and Participant will be disqualified from Participation in the Sweepstakes.
- By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
- Participant agrees that the Sweepstakes and any prizes awarded are provide “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Sponsor makes no warranty that the website interface and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or any content obtained from any third-party services.
- LIMITATIONS OF LIABILITY. All entries become the sole and exclusive property of the Sponsor. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or 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 in the Sweepstakes, if it is possible. 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, un-awarded, eligible prize claims.
- GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
- Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of Wyoming and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action.
- Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. Arbitration proceedings and the arbitration outcome are subject to certain confidentiality rules, which Participant must agree to in order for the arbitration process to continue. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of Wyoming consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Participant agrees that all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, as well as all rights to have damages multiplied or otherwise increased. If Participant wants to assert a dispute against Sponsor, Participant must commence such action within one (1) year after the events giving rise to the dispute occur or it shall be forever barred.
- No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
- Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
- No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
- Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
- Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Official Rules and can award the prevailing party damages and other relief (excluding attorneys’ fees). HOWEVER, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. Discovery will be permitted pursuant to the applicable arbitration rules. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
- NON-DISPARAGEMENT. Participant agrees that they will not disparage and/or otherwise negatively comment on the Released Parties’ reputation, business operations, products, services, the Promotion and/or Participant’s interaction with the Released Parties under these Official Rules. This provision will not preclude Participant from making truthful statements.
- WINNERS LIST. For a list of Official Winners (the “List”), please visit WinEpicTrips.com after January 10th, 2018.
- REFUND POLICY. Refunds can be requested within (7) days of the donation, minus bank processing and return fees, plus a $5 administrative charge. Funds will be returned to the debit or credit account within (10) business days of the refund request date.
- CHARITABLE DONATION. Total donation for the charity will be listed on the Win Epic Trips Website no later than January 10th, 2018.
- SPONSOR AND ADMINISTRATOR. The Sweepstakes is sponsored in the Territory by Win Epic Trips, P.O. Box 230816, Las Vegas, NV 89105. .
© 2017 Charged Branding, LLC. Win Epic Trips logo are trademarks of Charged Branding, LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by any other third-party not specifically designated by Sponsor. Sponsor is not affiliated or associated with the charity listed. Information is being provided to Sponsor in accordance to these Official Rules.