“Vacation Royale” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY.
PURCHASE(S) WILL NOT INCREASE ONE’S CHANCES OF WINNING.
VOID IN THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED.
THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE U.S., THE DISTRICT OF COLUMBIA (“D.C.”), AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC) AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT A CURRENT LEGAL RESIDENT OF ONE OF THOSE AREAS.
- Eligibility : The “Vacation Royale” Sweepstakes (“Sweepstakes”) is open only to current legal residents of the 50 states of the U.S., D.C., and Canada (excluding the Province of Quebec), who are physically located and residing therein, and who are 18 years of age or older as of March 1, 2007. Residents of the province of Quebec, Canada are not eligible. Employees of Sony Pictures Home Entertainment Inc. and Yahoo! Inc. (collectively, “Sponsors”), Hilltop New Media, Inc., Sony Pictures Digital, Inc., Sony Pictures Entertainment, Inc., Kerzner International Resorts, Inc. (“Kerzner”), Expedia, Inc., Skycastle Entertainment, Inc., Sullivan Compliance Company (“Sweepstakes Administrator”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of this Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with this Sweepstakes (collectively, “Sweepstakes Entities”), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to enter this Sweepstakes.
- How to Enter: This Sweepstakes begins at 3:00 p.m. Pacific Time (“PT”) on March 1, 2007, and ends at 3:00 p.m. PT on April 30, 2007 (“Sweepstakes Period”). To enter, access the Sweepstakes web site located at www.VacationRoyale.com (“Web Site”) and follow the online instructions to complete (and thereafter submit) the entry form (“Entry”). Information required on the entry form consists of your Email Address, First Name, Last Name, Street Address (no P.O. Boxes), City, State/Province, Zip/Postal Code, Phone Number (including area code), Date of Birth, and Gender (collectively, “Entry Information”). Entries must be received by 3:00 p.m. PT on April 30, 2007. Yahoo! Inc.’s computer is the official clock for the Sweepstakes. Limit one (1) Entry per person/email address per day. Entries by the same person in excess of this limit will be disqualified. All required Entry Information must be completed in full. Proof of submitting an Entry will not be deemed by Sponsors as proof of receipt or entry into the Sweepstakes. Any attempted form of entry into this Sweepstakes other than as described herein is void.
- Prizes/Odds of Winning.One (1) Grand Prize: Grand Prize winner will receive a trip for two (2) to Atlantis, Paradise Island , Bahamas . Trip consists of roundtrip ground and air transportation from the Grand Prize winner’s home to and from Atlantis (landing in the waters of Paradise Island with limo service from the seaplane to the front door of the Royal Towers at Atlantis; limo and driver will also be on standby for the Grand Prize winner’s use, as directed, for his/her entire stay at Atlantis – 24/007); 7 night deluxe accommodations at The Bridge Suite at Atlantis, Paradise Island, Bahamas (room tax, gratuities, surcharge included); a 007 welcome arrival briefcase containing Grand Prize winner’s trip dossier; a staff of butlers and a personal concierge for the Grand Prize winner during his/her 7 night stay at Atlantis; Grand Prize winner’s choice between having his/her own personal chartered yacht for a day in the Bahamas OR a private sailing lesson on one of America’s Cup sailing yachts; private scuba lesson and VIP escorted underwater tour of some of the sites filmed for the James Bond movies located in the Bahamian waters for Grand Prize winner and guest; formal dinner on The Bridge Suite patio catered by Grand Prize winner’s personal NOBU chef (menu will be exclusively designed for the Grand Prize winner; another dinner will be arranged at celebrity chef Jean Georges redesigned Café Martinique; complimentary Gourmet Dining Plan for the duration of Grand Prize winner and guest’s 7-night stay; and a retreat for an entire day at the Mandara Spa, where Grand Prize winner and guest can take advantage of treatments and beauty services. Grand Prize winner will also receive a CASINO ROYALE prize pack containing one (1) shirt, one (1) hat, one (1) mini martini shaker, one (1) travel mug, one (1) poker chip key chain, one (1) 007 key ring light, and one (1) pen. Approximate Retail Value (“ARV”) of Grand Prize available: $154,995 U.S.). If Grand Prize winner cannot or does not want to accept the trip, he/she has the option to receive $10,000 U.S. in lieu thereof as full and complete satisfaction of Sponsors’ obligation to the Grand Prize winner. The ARV for the trip varies depending upon the point of departure, fare fluctuation, and whether Grand Prize winner takes a guest. Trip subject to air travel and hotel availability, holiday and black-out dates, all other prize and travel restrictions. Trip prize components subject to availability and are subject to the specific terms and conditions set forth by Kerzner and Expedia, Inc. as applicable. Kerzner and as applicable, Expedia, Inc., reserves the right to award the trip “as is” and to structure travel route in its sole discretion. Air transportation and accommodations must be taken together and cannot be taken separately. Flight times and accommodations to be selected by Kerzner and Expedia, Inc. as applicable, at their sole discretion. In the event that any component of the Grand Prize is unavailable, canceled or postponed for any reason, the Grand Prize will be awarded with the exception of those components (as applicable) and the remaining elements of the prize shall constitute full satisfaction of Sponsors’ prize obligation to the Grand Prize winner; no substitute prize component for such components shall be awarded. If Grand Prize winner elects to travel or partake in the trip without his/her allotted guest, no additional compensation will be awarded. Grand Prize w inner and his/her travel guest must travel together on the same flights throughout the entire itinerary. Grand Prize winner must give a minimum of 30 days advance notice of desired departure date. All travel must be completed within one year of awarding. Reservations are based on space availability and at the sole discretion of Kerzner, excluding all blackout periods (as defined by Kerzner International). Once the reservation has been made, no amendments will be accepted. No extension of effective dates is permitted. Original travel certificate must be submitted by Grand Prize winner at check-in. A copy of the certificate will not be accepted. Check-in-time is 3:00 p.m. and check-out is 11:00 a.m. A credit card imprint or cash deposit will be required during check-in procedures. Grand Prize winner and his/her guest must take air travel on the same travel itinerary. I f Grand Prize winner is a resident of a jurisdiction that deems him/her to be a minor, his/her parent/legal guardian must be the allotted guest. Guest must be at least 21 years of age or older. Grand Prize w inner and his/her guest are solely responsible for obtaining and providing all necessary travel and identification documents (e.g., passports). Failure to provide such documents may result in trip cancellation upon airport check-in. Grand Prize is non-transferable and cannot be exchanged for cash. All unspecified meals, beverages, insurance, airport taxes, additional gratuities, ground transportation, incidentals and any other expenses not specified herein, are the sole responsibility of the winner and his/her travel companion. Ten (10) First Prizes: Each First Prize consists of a CASINO ROYALE prize pack containing one (1) shirt, one (1) hat, one (1) mini martini shaker, one (1) travel mug, one (1) poker chip key chain, one (1) 007 key ring light, and one (1) pen. ARV of each First Prize: $107 U.S. Odds of winning any prize depends on the total number of eligible Entries received. Total ARV of all prizes available: $156,065.00 U.S. No substitution, transfer or cash equivalent for any prize (or component of any prize), except that Sponsors, at their sole discretion, may substitute a prize (or component of a prize) of equal or greater value due to prize unavailability for any reason. Any depictions of prizes are for illustrative purposes only. All winners are solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. All federal, state, provincial or other taxes (if applicable) are the sole responsibility of each winner. Canadian Winners are responsible for all customs fees/import/duties or other tariffs that may be incurred with claiming/shipping of prizes. CASINO ROYALE prize packs will be shipped to winners at street addresses within the 50 states of the U.S., D.C. or Canada (excluding Quebec) only. Grand Prize winner will receive an IRS Form 1099 for the year in which the Grand Prize is awarded from Sponsors for the total ARV noted in these rules. Limit one (1) prize per person/family/household.
- Drawings and Notification of Winners. Potential winners will be randomly selected from among all eligible Entries received in a drawing to be held on or about May 14, 2007 by the Sweepstakes Administrator, an independent judging organization. Potential Grand Prize winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified by phone (at the phone number provided on that entrant’s entry form) within one (1) week of the date his/her name was randomly selected. Each other potential winner ( or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be notified by mail (at the street address provided on that entrant’s entry form) within one (1) month of the date his/her name was randomly selected. If a Canadian resident is selected as a potential winner of any prize, he/she will be called by phone (at the phone number provided on that entrant’s entry form) and asked a time based mathematical skill testing question which he/she must answer correctly in the time allocated in order to be eligible to receive a prize. If any potential winner cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible (including, but not limited to, for Canadians, incorrectly answering the mathematical skill testing question or inability to answer in the time allotted), he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified and, an alternate potential winner of such prize will be selected at Sponsors' sole discretion.
- General Conditions : This Sweepstakes is subject to these Official Rules and all federal, state, provincial and local laws and regulations (collectively “Rules and Laws”). After notification, potential Grand Prize winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be required to execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), and any other documentation that the Sweepstakes Administrator and/or Sponsors may require (collectively “Affidavit/Release”), within five (5) days after receipt, or potential Grand Prize winner will be disqualified, and an alternate potential Grand Prize winner will be selected. Grand Prize winner’s guest will be required to execute, have notarized, and return a Liability Release, Publicity Release and any other documentation that the Sweepstakes Administrator and/or Sponsors require (“Guest Release”) within five (5) days after receipt by potential Grand Prize winner. By returning a completed Affidavit/Release, Grand Prize winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If any winner is a resident of a jurisdiction that deems him/her to be a minor, such prize will be awarded in the name of his/her parent/legal guardian. Once submitted, Entries become the sole property of Yahoo! Inc. and will not be returned. Sponsors reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes, the Web Site, or any Web page or Web banner ad related to the Sweepstakes; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with the Sweepstakes will be ineligible to win a prize and will be prosecuted to the full extent of the law. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsors, in their sole discretion, reserve the right to cancel, suspend or modify the Sweepstakes and instruct the Sweepstakes Administrator to conduct a drawing and award the prize(s) from all eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsors, or award the prizes in a manner that is fair and equitable. In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules and, at Sponsors' sole discretion, may be required to provide proof of ownership of the email account.
- Disclaimers : Sweepstakes Entities are not 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 illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete, or otherwise not in compliance with these Official Rules, and all such Entries will be disqualified. By entering the Sweepstakes, each entrant agrees and acknowledges to be bound by the Rules and Laws, as well as the decisions of the Sweepstakes Administrator which are final and binding in all respects; to waive any rights to claim ambiguity with the Rules and Laws, and that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in the Sweepstakes; disputes over answers to mathematical skill test questions; acceptance/possession, defects, and/or use/misuse of any prize (including, but not limited to, unavailability of prize elements due to reasons beyond Sponsors’ control); discontinued prize merchandise; shipping delays; human error; incorrect or inaccurate transcription of Entry Information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Sweepstakes or by entrant; interruption or inability to access the Sweepstakes, a particular Individual Sweepstakes, the overall sweepstakes, Web Site, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; cancellation and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of the components of the prize to the Grand Prize winner and his/her guest due to reasons beyond Sponsors’ and/or Sweepstakes Entities’ control, and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities . Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsors, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsors or their parents, subsidiaries and affiliated companies.
- ARBITRATION / WAIVER OF INJUNCTIVE RELIEF / GOVERNING LAW: BY SUBMITTING ENTRY, ENTRANTS AGREE TH AT A NY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Entrants further understand and agree that they shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Sweepstakes, or any Sony Pictures Entertainment Inc. (or any of its parent companies, subsidiaries or affiliates) productions, projects or pictures.
Entrants acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
Privacy: By entering the Sweepstakes, you agree to Yahoo!'s use of your personal information, as described in the Yahoo! Privacy Policy, located at http://privacy.yahoo.com/privacy/us/promo/index.html. If you have checked the appropriate box on the entry form, the personal information collected from you will be shared with Sony Pictures Home Entertainment, Inc. ("SPHE"). For more information about how SPHE uses your personal information, please see the SPHE Privacy Policy, located at www.sonypictures.com/corp/privacy.html. Notwithstanding anything to the contrary in Sponsors’ privacy policies and except where prohibited by law, entry into the Sweepstakes and/or a winner’s acceptance of a prize constitutes permission of such winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) for Sponsors to use, without notice or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Web Site, winner’s first name, last initial, city, and state/province for purposes of advertising, trade, promotion and publicity. Additionally, if an entrant chooses to opt-in to a specific offer from a participating Sweepstakes Entity, his/her personal information will be subject to that Sweepstakes Entity’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from that particular Sweepstakes Entity. Respective privacy policies of Sweepstakes Entities participating in opt-ins will be accessible from the Sweepstakes entry page. Sponsors are in no way responsible for such independent offers from the Sweepstakes Entities.
Rules/Winners List: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope to: “Vacation Royale” Sweepstakes “Rules”/”Winners List” (specify which), P.O. Box 10877, Burbank, CA 91510. All requests must be received by July 2, 2007. The Official Rules will be accessible from the Web Site during the Sweepstakes Period. The Winners List may be posted on the Web Site.
- Sweepstakes Administrator : Sullivan Compliance Company, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes Administrator is not the supplier or guarantor of any prize.
- Sponsors: Sony Pictures Home Entertainment Inc., 10202 W. Washington Blvd., Culver City, CA 90232 and Yahoo! Inc., 701 First Ave., Sunnyvale, CA 94089.