Official Rules and Limitations for Neptune Society Cruise Sweepstakes III and Legal Disclaimer
NO PURCHASES NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. To Enter. To enter, simply return the completed official entry card. All entries must be received between 12:00 AM EST on February 1, 2012 and 11:59 PM EST on March 27, 2012 (the “Promotion Period”). Limit: One entry per person during the Promotion Period. Sponsor will not verify receipt of entries. In case of dispute, entries will be declared made by the authorized account holder of the address submitted at the time of entry. Entries become property of Sponsor and will not be returned. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Sponsor and its affiliates and its advertising, publications and promotions agencies are not responsible for lost, late, illegible, misdirected or stolen entries or transmissions, or problems of any kind whether mechanical, human or electronic. Sweepstakes entries are the property of Sponsor and will not be returned.
2. Eligibility. Only open to residents of the States where Neptune Society services, except Louisiana where it is prohibited by law, who are 18 years or older as of the beginning of the entry period detailed above. This offer is void where prohibited or restricted by law. Employees of Sponsor and its affiliates, its dealers, its advertising and promotional agencies, its judging organization, manufacturers or distributors of Sweepstakes materials and their immediate families in the same household are not eligible. All federal, state and local laws and regulations apply. This promotion is intended for viewing in the States in which Neptune Society does business only. You are not authorized to participate in the Sweepstakes if you are not located within a state currently serviced by Neptune Society. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and The Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of laws rules or provisions.
3. Prize Details. There will be one prize drawing at the end of the Promotion Period. The prize drawing will be on or about April 3, 2012. The Prize will be “credit” in the amount of $1500.00 (fifteen hundred dollars) to be used towards a Cruise offered by Royal Caribbean Cruise Lines, Carnival Cruise Lines or Norwegian Cruise Line. Prize cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Prize is not transferable. Federal, state and local taxes are the responsibility of the winner. Sponsor reserves the right to substitute a prize with a prize of equal or greater value. Only one prize per family or household. Retail value of prize is up to $1500.00.
4. Drawing and Awarding of Prize. Winner of prize will be determined in a random drawing from all entries received. Drawing will be held on or about April 3, 2012 by Sponsor whose decisions are final on all matters relating to this Sweepstakes. Odds of winning are determined upon the number of entries received. Winner of the Sweepstakes will be notified by phone, email or mail no later than five (5) days after the drawing. If potential winner cannot be reached within ten (10) calendar days from the first notification attempt, then such person shall be disqualified and an alternate winner will be selected. Winner may be required to sign an affidavit of eligibility and liability/publicity release within 14 days after notification is mailed, or prize will be forfeited and awarded to an alternate winner. Winners are responsible for reporting and paying any and all income, sales or excise taxes that may apply to accepting prizes; the sponsor is not responsible for and will not pay any such taxes.
5. Limitation of Liability. Winners agree that (except where prohibited) Sponsor may use winner’s name, picture, portrait, likeness and voice for advertising and promotional purposes without further compensation. Sponsor, it’s promotional and advertising agencies, and all respective officers directors, employees, representatives and agents shall have no liability and shall be held harmless by winners for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this Sweepstakes. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration conducted Broward County, Florida. Any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorney’s fees. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In such event, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor and its promotion and advertising agencies are not responsible for technical, hardware, software or failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, illegible writing, errors and omissions on the entry form, whether caused by the sponsor, users or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Offers void where prohibited and subject to federal, state and local laws.
6. SWEEPSTAKES ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF THE JUDGES WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THE OFFICIAL RULES; (C) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (D) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EACH OF THE SWEEPSTAKES ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ANY OF THE SWEEPSTAKES ENTITIES’ CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SWEEPSTAKES ENTITIES OR BY AN ENTRANT, (VIII) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (IX) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES, (X) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SWEEPSTAKES ENTITIES, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (XII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE SWEEPSTAKES ENTITIES. EACH WINNER HEREBY ACKNOWLEDGES THAT THE SWEEPSTAKES ENTITIES 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 ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES PROVIDED BY ANY OF THE PRIZE SUPPLIERS ASSOCIATED WITH THIS SWEEPSTAKES.
7. Winners List/Rules. For a winners’ list or a copy of the Official Rules, send a stamped, self-addressed envelope for receipt by April 30, 2012 to Sweepstakes Rules c/o Legal Counsel, 1250 S. Pine Island Rd., Suite 500, Plantation, FL 33324. Please specify rules or winner information. VT residents may omit return postage. You may also review the rules at www.Neptunesociety.com
8. Sponsored: Neptune Society, 1250 S. Pine Island Rd., Suite 500, Plantation, FL 33324
9. Do Not Mail. If you do not wish to participate in this “no purchase necessary” sweepstakes drawing or if you wish to have your name and address removed from our mail list, please call 954-556-9492 to be added to the vendor’s suppression list. Please be advised that mailers are often produced months in advance and despite reasonable effort to add a name and/or address to the vendor’s suppression list, it could take up to 60 days for all mailers to be suppressed.