Princess Cruises® + Fathom Sweepstakes (“Sweepstakes”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS GOVERNED BY THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENT OF 50 UNITED STATES, D.C., 21 YEARS OF AGE OR OLDER WHO ENTER FROM WITHIN THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO.
Eligibility: The Sweepstakes is open to all residents of the 50 United States and the District of Columbia, and Puerto Rico, who have reached 21 years of age or older as of April 16, 2018. All employees of Princess Cruise Lines, Ltd. (“Sponsor”), its advertising and promotion agencies and each of their respective parent companies, divisions, affiliates, subsidiaries, or agents (collectively, “Sweepstakes Entities”) and their immediate families (defined as spouse, child, sibling, parent, or grandparent, and their respective spouse) or household members are not eligible. Sponsor reserves the right to verify eligibility qualifications of potential winner.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Promotion Period:The Sweepstakes begins April 16, 2018 at 7:00:00 AM Pacific Time (“PT”) and ends on April 20, 2018 at 5:00:00 PM PT (the “Promotion Period”). All entries must be received by April 20, 2018 at 5:00:00 PM PT to be eligible.
How To Enter: During the Promotion Period, eligible entrants (“Entrants”) can enter the Sweepstakes by visiting Sponsor’s Facebook page (the “Website”), locating the post about this Sweepstakes, and posting a comment answering the question on Sponsor’s post announcing the Sweepstakes (“Comment”) to receive one (1) entry into the Sweepstakes. Comment/answer will not be judged. Individuals who do not follow all of the instructions, provide the required information, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.
As used herein, “Comment” shall include all content submitted in connection with the Sweepstakes (including but not limited to comment copy, language, descriptions, hashtags, and all other content). Comments are subject to all terms, restrictions, and guidelines as set forth herein. Comments must comply with all such guidelines to be valid, as determined by Sponsor in its sole discretion.
Limit one (1) entry in the Sweepstakes per Entrant/email address/Facebook Account for the Promotion Period. All entries must have a valid Facebook account. Should multiple users of the same Facebook account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said Facebook account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned a Facebook account by an Internet access provider, on-line service provider or other organization which is responsible for assigning Facebook account or the domain associated with the submitted Facebook account.
Automated entries are prohibited, and any use of automated devices will cause disqualification.
Winner acknowledges and agrees that submission of a Comment grants Sponsor and its agents a worldwide, perpetual, non-exclusive license and right to publish, use, edit and adapt the Comment in any way, in any and all media, without consideration to the Entrant, except where prohibited by law. Further, to the extent Entrants may have moral rights in the Comment submitted, he/she hereby waives all such moral rights in favor of Sponsor.
By submitting a Comment in the Sweepstakes, you hereby warrant and represent that your Comment conforms to all Comment and entry requirements set forth herein, including without limitation that Comments:
- cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- cannot be obscene or offensive, endorse any form of hate or hate group;
- cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- other than Sponsor’s trademark and brand, cannot contain infringing trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses, without permission;
- cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies, music, or other media);
- cannot contain name or feature a minor unless the entrant is the minor’s parent/legal guardian and has the minor’s permission;
- cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- cannot depict, and cannot itself, be in violation of any law;
- cannot promote gambling, tobacco, dairy, firearms, prescription drugs, or gasoline
- cannot contain any other content that is or could be considered inappropriate, unsuitable, or offensive, as determined by Sponsor in its sole discretion.
COMMENTS POSTED TO THE WEBSITE 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 Entrants. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any Entrant resubmit his or her Comment which fails to comply with the Sweepstakes entry requirements.
By submitting a Comment, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Comment on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Comment, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the website. By entering, you acknowledge that Sponsor has no obligation to use or post any Comment you submit. Winner’s name and/or Facebook username/account name may be published with the submission.
BY SUBMITTING A COMMENT, ENTRANT ACKNOWLEDGES THAT HIS/HER COMMENT MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of a Comment grants Sponsor and its agents an unlimited, worldwide, perpetual, non-exclusive license and right to publish, use, publicly perform the Comment in any way, in any and all media, without limitation, and without consideration to the Entrant.
By submitting a Comment you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) that you have obtained permission from a person who's name or likeness is used in the Comment, (f) and that publication of the Comment via various media including Web posting, will not infringe on the rights of any third party rights. Any such Entrant will indemnify and hold harmless Releasees (as defined below) from any claims to the contrary. Any Entrant whose Comment includes likenesses of third parties must be able to provide legal releases for such use including Sponsor’s use of such Comment, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of Entrant as a potential winner.
Winner Selection and Notification: On or around April 23, 2018, the Sponsor will select one (1) potential grand prize winner in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion Period. Sponsor’s decisions are final and binding in all respects.
The potential grand prize winner will be notified within approximately two (2) days from drawing date via a Facebook comment. Such individual will have seven (7) days from the notification date to send the Sponsor a direct message with a valid email address.
Potential grand prize winner is subject to verification, including verification of age. Grand prize winner may be required to complete, sign and return an Affidavit/Declaration of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) business days of attempted notification or prize may be forfeited. Unclaimed prizes will not be awarded. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification (emails, comments, or otherwise) or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then the winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. If any prize correspondence is returned as non-deliverable, prize may be forfeited. Sponsor is not responsible for any change in Entrant’s email address, mailing address, phone number, Facebook account, or any other contact information.
Prizes: One (1) verified grand prize winner will receive one (1) $200 Princess Cruises® gift card and (1) Fathom gift pack consisting of a Fathom bag, water bottle, journal, and card. Approximate Retail Value (“ARV”) of prize: $225.
All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Gift cards subject to the terms and conditions set forth by Sponsor including, without limitation, those available here. Lost, stolen, or otherwise misplaced gift cards will not be replaced.
General Conditions: Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize will be awarded only to an address within the United States, DC, and Puerto Rico. Winner will be solely responsible for all applicable Federal, State, and local taxes connected with receipt of prize, the use and enjoyment of prize, or any other connection with this Sweepstakes unless otherwise required by law or unless this requirement is waived by the Sponsor in its sole discretion. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes.
Release: As a condition of participating, participants agree (and agree to confirm in writing), to the extent permitted by law: (a) to release Sponsor, Fathom Travel Ltd., each of their parent, subsidiary and affiliated companies, advertising and promoting agencies, any other party associated with the development or administration of this Sweepstakes, Facebook, Inc., and all of their respective officers, directors, employees, representatives and agents (collectively, “Releasees”) from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) that under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court.
General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. By participating in this Sweepstakes, Entrants understand and agree (and agree to confirm in writing): (a) to abide to these Official Rules which are final and binding and the decisions of Sponsor with respect to all aspects of the Sweepstakes, which are final, (b) to accept the prize as awarded, without substitution, and to release and hold harmless Releasees from and against any and all liability whatsoever, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damages, loss or destruction of property rights of publicity or privacy, defamation, or portrayal in a false light) in connection with this Sweepstakes and/or use of the Comment, or other errors in these terms and conditions; and (c) except where legally prohibited, by accepting the prize, winner agrees (and agrees to confirm in writing, if requested) to the use of his/her name, photograph, likeness, voice, image and biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in perpetuity, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval by the Sponsor and those acting under Sponsor’s authority.
Releasees are not responsible for loss, damage, or claims resulting from the Sweepstakes, including incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right to disqualify any Entrant or winner who attempts to tamper with any aspect of the Sweepstakes, or circumvent these Official Rules. Entrants may not enter with multiple email addresses nor may Entrants use any other device or artifice to register multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Sponsor reserves the right to remedy any such action, disruption, or circumvention in a manner, determined solely by Sponsor that is fair and equitable to Sweepstakes participants. Sponsor reserves the right, in its sole discretion, to void, modify, terminate or suspend this Sweepstakes (or any portion thereof) should fraud or any unauthorized human intervention or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to award the prize from among all eligible, non-suspect entries received prior to cancellation. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S 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 SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
Governing Law and Jurisdictions: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of California. By entering, participants consent that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, the jurisdiction and venue of the federal, state and local courts located in Los Angeles County, California.
Entrant’s Personal Information: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook. Please view the privacy policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
Names of Winner. For winner’s first name and surname initial, city & state, send a self-addressed stamped envelope to: PRINCESS CRUISES® +FATHOM SWEEPSTAKES Official Winners, 24305 Town Center Drive, Santa Clarita, CA 91355. Requests must be received no later than May 23, 2018.
Sponsor: Princess Cruises Ltd., 24305 Town Center Drive, Santa Clarita, CA 91355.