“BVI Trip” Contest
The “BVI Trip” Contest (the “Contest”) is intended for legal residents of the United States of America (USA) or Canada and shall only be construed and evaluated according to laws of the United States and the State of New York along with Canadian law and applicable province law. Do not enter this Contest if you are not located in the USA or Canada at the time of entry. By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning the Prizes (as defined below) is contingent upon fulfilling all requirements set forth herein.
SPONSOR/ADMINISTRATOR: The Contest is sponsored by the British Virgin Islands Tourist Board & Film Commission, Geneva Place, 3rd Floor, Wickhams Cay I, Road Town, Tortola, British Virgin Islands, VG1110 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Contest is open to legal residents of the USA or Canada who are at least eighteen (18) years of age at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, Myriad International Marketing, LLC, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
TIMING: The Submission Period of the Contest will begin on March 4, 2022, and end on April 4, 2022 (“Submission Period”). The Judging Period of the Contest will begin on April 5, 2022, and end on April 29, 2022 (“Judging Period”). The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER: During the Submission Period, Entrants can enter the Contest by visiting the Sponsor’s Contest website, https://woobox.com/v5n82o (the “Website”). At the Website, Entrants will be asked to complete the Contest registration form by selecting the “type of celebration” (from the drop-down menu) and explain why the British Virgin Islands is the perfect place to celebrate. Additionally, Entrants must provide his/her full name, complete mailing address, phone number, and email address. By completing the Contest registration form as described above, an Entrant will receive one (1) Contest entry. LIMIT ONE (1) ENTRY PER ENTRANT.
ENTRY REQUIREMENTS/RESTRICTIONS: In order to be eligible, entries must actually be received by Sponsor during the Submission Period. Entries received by Sponsor before the start of the Submission Period or after the end of the Submission Period will be discarded and deemed VOID. Those who do not follow all of the instructions or do not abide by these Official Rules or other instructions of Sponsor will be disqualified.
Entrants represent and warrant that their submitted entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, including locations or objects used in the photos, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the entry (collectively, the “Clearances”). Entrant further warrants that the email address used for the entry belongs to Entrant or that Entrant has the right and/or permission to use such an address for making the entry; and further, expressly understands that Entrant may make no more than one (1) entry in his or her name only.
By submitting an entry, an Entrant warrants and represents that he/she/they consent(s) to the submission and use of the entry in the Contest. By submitting an entry, each Entrant: 1) expressly and irrevocably grants Sponsors, their subsidiaries, and any of their agents such as advertising, promotion, or marketing companies, a perpetual, royalty-free, worldwide, non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including electronic and digital media, and without limitation, to edit, rearrange, make derivatives and/or copy the entry for use in the Contest of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry. Entrant gives the above specified rights to Sponsor royalty free and expressly waives the right to seek an injunction or in any way prohibit Sponsors or any of their subsidiaries, or agents from use of the submission materials as set forth hereunder.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s written permission to use (Sponsor’s discretion; does not apply to Sponsor’s name or products); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules; (xi) materials which depict minor children who are less than eighteen (18) years at the time of entry. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, or bugs, (b) tampering, or unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to (i) disqualify any individual who tampers with the entry process, and/or (ii) cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, the Administrator, and Myriad International Marketing, LLC (collectively, the “Released Parties”) are from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WINNER DETERMINATION/NOTIFICATION: During the Judging Period, each entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor. Each entry will be judged based on the clear relationship between the submission and the following criteria:
- 40% – Significance of Celebration
- 40% – Creativity of answer
- 20% – Brand Awareness displayed in answer
One (1) potential Grand Prize Winner, one (1) First Prize Winner, and one (1) Second Prize Winner will be selected based on the judge’s scoring. All decisions of the Sponsor (and appointed judge(s)) are final and binding. The potential Winners will each be contacted by the Sponsor (or Administrator) via phone and/or email.
PRIZES: There will be one (1) Grand Prize Winner, one (1) First Prize Winner, and one (1) Second Prize Winner selected based on the judges scoring. Prizes are as follows:
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a 5-night stay aboard an all-inclusive Crewed Moorings 4500 sailing catamaran, complete with Captain and Chef in the British Virgin Islands. The yacht has three (3) available en-suite cabins, ideal for up to six (6) guests. Prize trip must be completed before December 14, 2022. Approximate retail value (“ARV”) - $15,000. (“Prize” or “Grand Prize”).
The First Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a 4-night stay for two (2) in a One Bedroom Oceanview Suite at Scrub Island Resort, Spa & Marina. Package includes daily breakfast for two (2), complimentary use of paddle boards and kayaks, daily resort fees, and complimentary airport transfers from Beef Island, Tortola (EIS). ARV - $3,000. (“Prize” or “First Prize”). The First Prize trip must be fully executed by January 23, 2023, or a Prize will be forfeited. Black out date: 5/19/22-5/21/22, 7/14/22, 8/11/22-8/14/22, 11/6/22-11/11/22, 12/23/22-12/31/22.
The Second Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive an 8day/7night stay for two (2) aboard a “by the Cabin Charter.” The package includes an air-conditioned double cabin with private bathroom, full board (breakfast, lunch, dinner), drinks at meals (table wine and water), local aperitifs (punch, rum, fruit juice), service of the crew (captain and steward/cook), two (2) sets of linens, towels, and beach towels per person/week, consumables for the yacht (diesel, fuel, and water), insurance for the yacht and the passengers, watersports on board (snorkeling equipment, sea kayak, paddleboards), and Trellis Bay to Scrub Island ferry charges. ARV - $2,292. (“Prize” or “Second Prize”). The Second Prize trip must be fully executed between June 1, 2022 and November 1, 2022, or a Prize will be forfeited (excluding holidays).
Total PRIZE POOL - $20,292.
NOTE: AIRFARE IS NOT INCLUDED IN ANY PRIZE PACKAGE.
The value of the Prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winners and/or traveling companions. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel, and other accommodations are subject to availability. If there are weather related cancellations, Sponsor reserves the right to rebook to a different date, or in its sole discretion award the ARV for each prize instead. Winners and travel companions are solely responsible for obtaining documents necessary for their respective international travel (i.e. passport/visa), if applicable. NOTE: Substitution, assignment or transfer of a Prize is not permitted, except by Sponsor, who reserves the right to substitute a Prize or any Prize component with another of equal or greater value.
PRIZE CONDITIONS: By accepting the Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of their Prize. The potential Winners must each sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim their Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners are responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize, and the Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with prize redemption instructions within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, and an alternate Winner may be selected.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize. Entrant expressly confirms and understands that Sponsor has made no warranty as regards the physical condition, fitness for use, comfort, food selection, amenities offered, and itinerary of any of the locations or vessels hereby identified in the Prize section or ones that may be substituted therein.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Contest, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the Federal or State Courts in New York with venue expressly agreed to in the County of New York; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she/they waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. By submitting an entry in this contest, Entrant hereby confirms that he or she has read all the rules and regulations of this contest, understands them and expressly agrees to them. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of each Winner, please send a self-addressed, stamped business size envelope, by June 10, 2022, to: ASC/Myriad BVI Trip Contest Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.