Perillo Tours’ Dog Days of Summer Photo Sweepstakes

Official Rules

 

 

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

  1. ELIGIBILITY: The Perillo Tours’ Dog Days of Summer Photo Sweepstakes (“Sweepstakes”) is open only to travel advisors who are legal residents of the fifty (50) United States or the District of Columbia, at least twenty-one (21) years of age or older, and have a valid IATA and/or CLIA number as of time of entry. Employees, officers and directors of Perillo Tours (“Sponsor”), Redpoint Marketing PR, Inc, Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, the “Sweepstakes Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and their respective spouses, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law, rule or regulation. All federal, state, and local laws and regulations apply. By participating in the Sweepstakes, you unconditionally accept and agree to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules administration of the Sweepstakes, selection of the winners, and Sponsor’s exercise of discretion, which will be final, non-appealable, and binding in all respects.

 

  1. TIMING: The Sweepstakes begins at or about 9:00 a.m. Eastern Time (“ET”) on July 1, 2024 and ends at 11:59:59 p.m. ET on July 31, 2024 (the “Sweepstakes Period”). The designated computer clock of the Sponsor is the official time-keeping device in the Sweepstakes.

 

  1. HOW TO ENTER: During the Sweepstakes Period, visit www.perillotours.com/traveladvisorsweepstakes (“Website”) and complete and submit an official entry form, which may include, but is not limited to, your full name, ZIP/Postal Code, email address, and IATA and/or CLIA number. You must also follow the on-screen instructions to upload one (1) image of you and a dog as a .jpg or .png file (not to exceed 2 MB at 810x1200px – images too large will not save) (the “Photo”). Submission of a Photo is for entertainment purposes only, and the Photo quality or content has no bearing on the selection of winners. Upon submission of the official entry form and Photo, you will receive one (1) entry into the Sweepstakes subject to the limit below.

 

The Sweepstakes Parties are not responsible for technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions, or difficulties of any kind, or for false, incorrect, changed, incomplete or illegible contact information. 

 

LIMIT: One (1) entry per person during the entire Sweepstakes Period. Attempts made by the same individual to earn more than the stated number of entries by using multiple or false contact information, accounts or otherwise may result in disqualification. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limit, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Those who do not follow all instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Entries submitted by those who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address, provided that person is eligible. Winners may be required to show proof of being the registered account holders. Registered account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses. In the event that a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. 

 

By submitting a Photo, you agree that your submission is gratuitous and made without restriction and will not place Sponsor under any obligation. Sponsor reserves the right to, and may or may not, monitor Photos. Each entrant will indemnify and hold harmless, Sponsor and Sweepstakes Parties from any claims to the contrary. Photos may be placed into a gallery available for public viewing. You agree that Sweepstakes Parties are not responsible for any unauthorized use of Photos by third parties. Placement into the gallery does not imply Sponsor’s acceptance of an entry, and all entrants are subject to verification of eligibility and compliance with these Official Rules. 

 

REQUIREMENTS OF ENTRIES: Sponsor, in its sole discretion, may disqualify any entry if the entry does not adhere to all entry requirements described herein (including the below requirements) and reserves the right to remove any such entries. Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

 

 

By submitting a Photo, you represent and warrant that the work submitted is original to you, that it has not been previously published, has not won previous awards, and that it does not infringe upon or violate the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property.

 

PHOTOS POSTED TO ANY OF SPONSOR’S WEB SITES OR SOCIAL MEDIA SITES (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion. 

 

  1. OWNERSHIP OF ENTRIES: By submitting an entry, you agree to be bound by these Official Rules and grant Sponsor a non-exclusive, fully paid-up, and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and translate your entry, including without limitation the right to distribute all or part of your entry in any media formats through any media channels. By submitting an entry, you consent to the use, by Sponsor, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Sweepstakes and Sponsor’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked. For uses beyond the consent that you grant above, you agree that Sponsor’s use of your personal data will be governed by the Privacy Policy posted on the Sponsor website.

 

  1. SWEEPSTAKES DRAWING: There will be one (1) potential grand prize winner and four (4) potential runner up prize winners selected in this Sweepstakes, via a random drawing on or about August 1, 2024 from among all eligible entries received in accordance with these Official Rules.

 

  1. ODDS: Odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period.

 

  1. WINNER NOTIFICATION/PRIZE CLAIMING: The potential winners will be notified via email (or other contact information) using the information provided on the entry form (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The Sweepstakes Parties are not responsible for and shall not be liable for false, incorrect, changed, incomplete or illegible contact information or for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages or late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner. Notification is deemed to have occurred immediately upon sending of an email. If a potential winner cannot be contacted within a reasonable time period, if potential winner is ineligible, if any notification is returned undeliverable, or if a potential winner otherwise fails to fully comply with these Official Rules, potential winner will forfeit that prize and an alternate winner may be selected from among all remaining eligible entries. As part of the winner notification process, each potential winner may be required to complete and submit a prize redemption form (“Redemption Form”), and the grand prize winner will be required to complete and submit a declaration of eligibility/release of liability/prize acceptance agreement (“Declaration”), within ten (10) days of date of notification, as a condition of receiving a prize. If any potential winner fails or refuses to sign and return the Redemption Form and/or the Declaration within the required time period or if the Redemption Form and/or Declaration is returned as rejected, faulty, unclaimed or returned as undeliverable to potential winner, and/or the potential winner is otherwise noncompliant, the potential winner will be disqualified and an alternate will be selected, up to three (3) alternates, if time permits, after which the applicable prize will remain un-awarded. Potential winner becomes a “winner” only after verification of eligibility by Sponsor.

 

No more than the stated number of prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. 

 

  1. PRIZES/PRIZE RESTRICTIONS: The prizes to be awarded in this Sweepstakes are:

 

ONE (1) GRAND PRIZE: The “Grand Prize” is a ten (10) day Vesuvius Tour by Perillo Tours for two (2) people – the Grand Prize winner and one (1) guest who is at least twenty-one (21) years of age. Approximate Retail Value (“ARV”) of the Grand Prize: $8,972. The actual value of the prize may vary depending on fluctuations in the cost of hotel accommodations and/or the retail price of Grand Prize winner’s selected travel departure date. Any difference between the estimate ARV and the actual value of the prize will not be awarded.

 

Grand Prize may be taken on Grand Prize winner’s date of choice (excluding blackout dates, including May 15, 2025; June 5, 2025; June 12, 2025; June 19, 2025; June 26, 2025; September 25, 2025; and October 2, 2025), based on availability at time of booking. All “Optional Tours” offered and operated based on minimum paying guest participation shall also be included on a complimentary basis. “Optional Tours” not operated based on paying guest participation as determined during time of travel will be excluded from the prize offering. International air travel to and from the travel destination is not included. Once reserved, no changes to the booking will be permitted at any time, except name changes of Grand Prize winner’s guest up to 60 days prior to departure. Should the reserved tour date not operate for any reason, Grand Prize winner may select an alternate date from those remaining available within the same 10 Day Vesuvius Tour series within 2025. Prize is limited to identified Travel Advisor selected as the Grand Prize winner and is non-transferrable. Travel must be booked at least ninety (90) days prior to departure, and travel must be completed by December 15, 2025.

 

Tour package includes hotel accommodations (single room/double occupancy), destination airport transfers at scheduled times, meals and activities as listed in the itinerary on the Perillo Tours website, baggage handling throughout (except at airports), professional tour directors and licensed local guides, hotel taxes, city taxes, hotel service charges, and all tips for hotel and restaurant personnel. Gratuities for tour leader, guides, and drivers are not included. 

 

If the winner elects to travel or partake in the prize with no guest, no additional compensation will be awarded to the Grand Prize winner. Travel must be taken on dates specified by Sponsor. Grand Prize winner and guest must travel on the same itinerary and will share a room in each hotel. Travel dates are subject to availability; blackout dates and other restrictions may apply. Winner and guest are responsible for having valid travel documents, including government-issued photo identification, which may include government-issued passports. Grand Prize winner and guest must be able to travel internationally and return to their home city unencumbered. Grand Prize winner is responsible for all travel expenses not included herein, including airline baggage fees, gratuities, meals, other ground transportation, and any other incidental costs or expenses related to participation in the prize. Travel must be booked at least ninety (90) days in advance. Grand Prize winner’s guest must sign and return a travel liability release/publicity release before travel will be booked. 

 

Grand Prize winner and guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. Grand Prize winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the Grand Prize winner. Sponsor bears no responsibility if any event, element or detail of the Grand Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, the Sponsor shall have no obligation to the Grand Prize winner aside from providing the remaining portion of the Grand Prize, minus any unavailable event, element or detail. All travel providers reserve the right to remove or to deny entry to Grand Prize winner and/or his/her guest if either Grand Prize winner or his/her guest violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person while participating in any Grand Prize-related activity.

 

Travel is subject to the terms and conditions set forth in these Official Rules. Sweepstakes Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carriers or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize winner's transportation and such contracts shall be solely between the Grand Prize winner, his/her guest and such transportation companies. Grand Prize winner and his/her guest must also pass any required medical testing and comply with any additional federal, provincial, territorial and international entry requirements, at any time, that may be required or recommended by any government agency, airline, and/or Sweepstakes Parties, including without limitation, passing one (1) or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated against COVID-19. Grand Prize winner and his/her guest may also be required to execute any assumption of risk and/or other documents relating to COVID-19 or they may not be permitted to travel. In the event that the Grand Prize winner and his/her guest engage in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sweepstakes Parties or any of Sweepstakes Parties’ reserves the right to terminate the travel early, and send Grand Prize winner and his/her guest home (at winner’s own expense) with no further obligations or compensation whatsoever to the Grand Prize winner (which may, in Sponsor’s sole discretion, result in the Grand Prize winner’s disqualification from the Sweepstakes and forfeiture of Grand Prize). In the event that the Grand Prize winner and/or his/her guest engage in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects that Grand Prize winner to arrest or detention, Sweepstakes Parties shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or his/her guest as a result of such conduct. SWEEPSTAKES PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, ILLNESS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF GRAND PRIZE.

 

FOUR (4) RUNNER UP PRIZES: Each “Runner Up Prize” is a prize package that includes dog toys and treats, the contents of which are selected by Sponsor in its sole discretion. ARV of each Runner Up Prize: $200.

 

Total ARV of all prizes available in the Sweepstakes: $9,772.

 

Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and are subject to prize provider’s rules and restrictions. In the event that Sponsor is unable to provide a prize or prize component, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prize received, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor as of the time these Official Rules are printed and may fluctuate. The value of the Grand Prize will be reported for tax purposes as required by law. The Grand Prize winner will be required to provide Sponsor with a valid social security number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of winner(s) for the actual value of the prize(s) received. Any unclaimed prize will be forfeited. Prizes, if legitimately claimed, will be awarded. The Sweepstakes Parties are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated number of prize(s) will be awarded. The Sweepstakes Parties are not responsible for and winner will not receive the difference, if any, between the actual value of their prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) prize per person. Sponsor’s designee will contact the Grand Prize winner to arrange travel booking within four (4) to six (6) weeks after winner verification. Sponsor will attempt to fulfill all properly-claimed Runner Up Prizes within approximately four (4) to six (6) weeks after winner verification.

 

  1. GENERAL: Subject to applicable law, each winner hereby expressly grants to the Sweepstakes Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning entrant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

 

  1. CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

 

  1. WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to entrants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the prizes from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action.

 

  1. RELEASES: All entrants, as a condition of participation in this Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) entrant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.

 

  1. GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of New Jersey, and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in the State of New Jersey. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of New Jersey. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

  1. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. By participating in the Sweepstakes, entrant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://www.perillotours.com/privacy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

 

  1. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules Declaration will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Declaration is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

  1. WINNERS LIST: To receive a list of the winners, send a #10 self-addressed, stamped envelope for receipt by November 1, 2024 to: Perillo Tours’ Dog Days of Summer Photo Sweepstakes- Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA 19428.

 

  1. SPONSOR: Perillo Tours, Perillo Plaza, 577 Chestnut Ridge Road, Woodcliff Lake, NJ 07677 USA. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.

 

  1. ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100,

West Conshohocken, PA 19428; https://www.rtm.com/.