USTOA’s Picture Yourself In…Sweepstakes  

Official Rules

 

• NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.  

• VOID WHERE PROHIBITED BY LAW.  

• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.  

 

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 USTOA’s Picture Yourself In…Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least twenty-one (21) years of age or older as of time/date of entry. Employees, officers and directors of United States Tour Operators Association (“USTOA”) (“Sponsor”), USTOA Active and Associate Members, 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 the 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. In the event that a household, based on address, enters the Sweepstakes using more than five (5) unique email addresses, all of the Sweepstakes entries associated with that household (determined by Sponsor or Administrator at their sole discretion) will be disqualified. Void where prohibited by law. 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 winner, and Sponsor’s exercise of discretion, which will be final, non-appealable, and binding in all respects.  

 

2. TIMING: The Sweepstakes begins at or about 12:00:00 a.m. Eastern Time (“ET”) on September 14, 2024, and ends at 11:59:59 p.m. ET on October 31, 2024 (the “Sweepstakes Period”).  

 

The designated computer clock of the Sponsor is the official time-keeping device in the Sweepstakes.

 

3.  HOW TO ENTER: During the Sweepstakes Period, you may access the Sweepstakes Website (defined below) by scanning the QR code found on Sponsor specified advertisement material or you may visit www.ustoa.com/pictureyourselfin directly (“the Sweepstakes Website”). Scanning the QR code is not required to enter and you cannot enter solely by scanning the QR code. Next, complete and submit an official entry form, including your full name, city, state, and email address. You will receive one (1) entry into the Sweepstakes, subject to the limit below.  

 

The Sweepstakes Parties are not responsible for technical difficulties of any kind, or for false, incorrect, changed, incomplete or illegible contact information.  

 

LIMIT: There is a limit of one (1) entry per person during the Sweepstakes Period. Attempts made by the same individual to earn more than one entry (1) by using multiple or false contact information, accounts or any other method 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(s), 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. Any potential winner may be required to show proof of being the registered account holder. 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.  

 

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

 

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

 

6. WINNER NOTIFICATION/PRIZE CLAIMING: The potential winner will be notified via email (or other contact information) using the information provided on the entry form in a commercially reasonable time after the drawing. The Sweepstakes Parties are not responsible for and shall not be liable for incorrect, changed, or illegible contact information or for electronic communications that are undeliverable as a result of any form of active or passive filtering, or insufficient space in entrant’s email or other account to receive messages. Sweepstakes Parties are not responsible for late, lost, intercepted, misdirected, or unsuccessful efforts to notify the potential winner. Notification is deemed to have occurred immediately upon sending of an email.  

 

Sponsor reserves the right to conduct background checks (including social media checks) on the potential winner and the potential winner’s companion, as a condition to receipt of the prize. Winner must first submit to such background check and cooperate with Sponsor in any way that Sponsor reasonably requests in order to be eligible to receive the prize.  Sponsor reserves the right, in its sole discretion, to disqualify the winner and/or winner’s companion based on such background check if Sponsor determines, in its sole discretion, the background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined at Sponsor’s sole and absolute discretion).  

 

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, potential winner will be required to complete and submit a Declaration of Eligibility/Release of Liability/Prize Acceptance Agreement (“Declaration”) and a background check within five (5) days of date of notification, as a condition of receiving the prize. If the potential winner fails or refuses to sign and return the Declaration and background check within the required time period or if the Declaration and/or background check 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. If no winner is confirmed after three (3) prospective alternates fail to be verified or qualified, the prize will remain un-awarded. Potential winner becomes the “winner” only after verification of eligibility by Sponsor.  

 

No more than the one (1) prize will be awarded. If, for any reason, more than one (1) bona fide claimant comes forward seeking to claim the prize, the winner of the prize available may be selected in a random drawing from among all persons making valid claims for such prize.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  

 

7. PRIZE/PRIZE RESTRICTIONS: The prize to be awarded in this Sweepstakes is:  

 

ONE (1) GRAND PRIZE: The “Grand Prize” is a $10,000 travel certificate to winner’s choice of China, Colombia or Madrid, Spain for the winner and one (1) travel companion to be selected from a tour and/or itinerary of an Active Member of the Sponsor (Active Members of Sponsor can be found at https://ustoa.com/member-directory). Approximate Retail Value (“ARV”) of the Grand Prize: $10,000. No part of the Grand Prize includes a cash stipend. The actual value of the Grand Prize may vary depending on many factors, including, but not limited to, point of departure, fluctuations in the cost of air transportation, airline seat and hotel availability, fluctuations in the cost of hotel accommodations and time of year the trip is taken. Any difference between the estimate ARV and the actual value of the Grand Prize will not be awarded.

 

The winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including real ID, visas and valid passports, if and as applicable. It is the responsibility of the winner and his or her travel companion to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. The dates of departure and return are subject to change at the Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Travel must be booked at least ninety (90) days prior to travel and all travel must be completed prior to December 31, 2025. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel routes, to select hotels, and determine all other aspects of the Grand Prize in its sole and absolute discretion. Winner will not receive cash or any other form of compensation if actual travel costs are less than (or more than) the estimate made in these Official Rules. The round-trip air transportation element for the Grand Prize begins and ends at the point of departure. If the Grand Prize winner elects to travel or partake in the Grand Prize with no travel companion, no additional compensation will be awarded to the Grand Prize winner in lieu of the unused airfare. The Grand Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If, in the judgment of Sponsor, air travel is not required due to winner’s proximity to Grand Prize location, ground transportation will be substituted for round-trip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize winner.  

 

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Sponsor is not liable for any missed prize events or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other Grand Prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the Grand Prize winner at the time of Grand Prize notification. The Grand Prize winner and companion are responsible for obtaining travel insurance, health insurance, and all other forms of insurance at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance, health insurance or any other form of insurance. The Grand Prize winner may be required to provide a credit card at the time of hotel check-in. Companion of the Grand Prize winner must be at least 21 years of age and older as of the date of departure. The travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers, or event tickets will not be replaced or exchanged. All expenses not specifically mentioned herein are not included as part of any Grand Prize package, and are solely the Grand Prize winner’s responsibility, including, but not limited to: additional ground transportation at the Grand Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier, venue, and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Grand Prize winner. Should any event, element or detail of the Grand Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the Grand Prize, minus any unavailable event, element or detail. In the event the Grand Prize winner (and/or his or her companion) engages in behavior that (as determined by Sponsor or any Grand Prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate,  threatening, illegal or that is intended to annoy, abuse,  harass any other person, creates an unauthorized disturbance, interruption or unnecessarily rough physical contact, potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act, Sponsor reserves the right to terminate the applicable experience early and winner and/or companion may be removed or disqualified from participating in any aspect of the Grand Prize for any reason at any time. If the winner or companion, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal. Decisions regarding the conduct of the winner and companion in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and will be final and binding in all respects.

 

Prize is non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All Grand 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 applicable rules and restrictions. In the event that Sponsor is unable to provide a Grand Prize or Grand Prize component, the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  Prize is 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). Winner will be solely responsible for all federal, state and/or local income taxes on the value of the Grand Prize awarded. The ARV of the Grand Prize 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 awarded to the winner will be reported for tax purposes as required by law. The winner of the Grand Prize will be required to provide Sponsor with a valid social security number for tax reporting purposes before the Grand Prize will be awarded. An IRS Form 1099 will be issued in the name of winner for the actual value of the Grand Prize received. Any unclaimed Grand Prize will be forfeited. Grand Prize, if legitimately claimed, will be awarded. The Sweepstakes Parties are not responsible for and will not replace any lost, mutilated or stolen Grand Prize or Grand Prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the Grand Prize will be forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize. In no event will more than one (1) prize be awarded. The Sweepstakes Parties are not responsible for, and winner will not receive the difference, if any, between the actual value of the Grand Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Sponsor will contact the winner within approximately one (1) to three (3) weeks after winner verification and assist in coordinating the winner’s chosen destination and USTOA Active Member. Sponsor will pay the chosen USTOA Active Member for the cost of travel selected according to the rules.  

 

8. GENERAL: Subject to applicable law, 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 Grand Prize to the winner. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and the winner 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 the winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of winner’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 Grand Prize. Sponsor additionally reserves the right, in its sole and absolute discretion 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.  

 

9. 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 (or terminate the prize of) any individual who is found to be, or suspected of, acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person, or to be tampering with the entry process or the operation of the Sweepstakes, 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.  

 

10. 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 Sweepstakes 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 Grand Prize, 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 prize in a random drawing from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action.

 

11. RELEASES: All entrants, as a condition of participation in this Sweepstakes, 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, illnesses, death, 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 Grand Prize awarded, including any travel associated with the Grand 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 Grand Prize.  

 

12. 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 York, 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 GRAND 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.

 

13. 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 York, 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 York. 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 York.  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.

 

14. 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://ustoa.com/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

 

15. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the 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.  

 

16. WINNER LIST: To receive the name of the winner, send a #10 self-addressed, stamped envelope for receipt by January 2, 2025 to: USTOA’s Picture Yourself In…Sweepstakes - Winner List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.

 

17. SPONSOR: United States Tour Operators Association, Inc. 345 Seventh Avenue, Suite 1801, New York, NY 10001. Reference to third parties in connection with the prize 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.  

 

18. ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100,

West Conshohocken, PA 19428.