1. Eligibility: No Purchase Necessary to Enter or Win. The 2020 Embarcks Giveaway (“Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older. Employees, officers, directors, agents and representatives of Embarcks Travel LLC (hereafter, “Sponsor”) and each such individual’s immediate family members (mother, father, sister, brother, child, husband, wife and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or win. Void where prohibited by law. All applicable federal, state and local laws apply.
2. Promotion Period: Promotion begins 12:00:00 am Eastern Time (“ET”) on February 1, 2020 and ends 11:59:00 pm ET on Feb 28, 2019 (hereafter, “Promotion Period”).
3. How to Enter:
1. Online Entry: During the Promotion Period, go to the following websites: Embarcks.com (“Websites”) and purchase one premium membership from during the Promotion Period (“Purchase Entry”). Entrants must complete all required information. RECEIVE ONE ENTRY FOR EVERY PREMIUM MEMBERSHIP. Your premium membership entry to product "GIVEAWAY PREMIUM MONTHLY" is your proof of entry. No other proof or tickets will be provided.
2. Mail-in Entry: To obtain an entry without making a purchase, legibly handprint your name, street address, city, state, zip or postal code, telephone number, complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: The 2020 Embarcks Hawaii Giveaway, 2825 E. Cottonwood Pkway Suite 500 Salt Lake City Utah, 84121. Requests must be received by February 1, 2020. All mail-in entries must be legibly hand written (including addressing), mailed separately with no outer envelope and have sufficient postage. RECEIVE ONE ENTRIES PER MAIL IN REQUEST.
All entries, regardless of method, must be received by 11:59 p.m. ET on February 28, 2020 to be eligible. The use of script, macro or automated devices (or any other devices intended to automate or subvert any aspect of entry) to enter the Sweepstakes is prohibited and any entry through such means and any entry that is deemed to be ineligible (at Sponsor’s sole discretion and in accordance with these Official Rules) are void. In the event of a dispute as to the identity of an entrant based on the email address submitted, entry will be awarded to the person named on the applicable entry (regardless of whether that is the name of the authorized account holder of the email address from which said entry form was submitted), provided such individual is eligible according to these Official Rules.
Sponsor is not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, inaccurate, or undelivered registration forms, emails, or for telephonic, human, electronic or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, electronics, satellite, network, cable, Internet Service Provider (ISP), phones, mobile, or other device (including wireless phones/handsets or other wireless devices), phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of registration forms, emails, scans or entries or the announcement of a prize; or for any injury or damage to entrant’s or any other person’s computer or wireless device relating to or resulting from participation in this Sweepstakes, or for printing, typographical, human or other errors appearing in these Official Rules or other Sweepstakes-related materials. Entrants are responsible for any charges of online service providers or wireless carriers. Sponsor reserves the right, in its sole discretion, to void any entries of entrants whom Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes or is in violation of these Official Rules.
4. Winner Selection: Potential winners will be selected in a random drawing from among all eligible entries received on March 1st, 2020. By entering, entrants agree to be bound by these Official Rules and to the decisions of the Sponsor and judges, which will be final and binding in all respects. Potential winners will be notified at the mobile telephone number and/or email provided in his/her registration form. If any initial potential winner does not answer phone or email (or is otherwise unavailable during initial contact attempt and/or does not claim their prize at the requested designation by the requested date/time), an alternate potential winner may be chosen, time permitting and at Sponsor’s sole discretion. Odds of winning depend upon the total number of eligible entries received throughout the Promotion Period. Potential winners (and/or his/her parent/legal guardian if winner is a minor) will be contacted by telephone or email. The return of any notification as undeliverable or failure to respond to notices or return any required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined solely by the Sponsor, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner in a random drawing from among the remaining eligible entries.
5. Prize Details: All costs and expenses associated with the acceptance and use of any prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, (and if applicable, any/all transportation, shipping fees, parking fees, food, beverages, and souvenirs) are winner’s sole responsibility. Prizes are awarded “as is” without any warranty or guarantee, either express or implied by Sponsor. Certain terms, restrictions and conditions apply on gift card(s) as designated by issuer in its sole discretion. Exact details including, but not limited to, date of travel, airline, price of ticket, or other prizes associated with the Sweepstakes are at Sponsor’s sole discretion. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winner of giveaway agrees that Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the giveaway. Arrangements for delivery of prize(s) will be made after winner validation. If a prize is won by a minor, it will be awarded in the name of the winner’s parent/legal guardian.
6. Miscellaneous: No transfer, assignment, cash redemption, or substitution of a prize (or portion thereof) is permitted except by Sponsor who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Potential winners may be required to execute and return paperwork designated by Sponsor prior to being awarded a prize. Non-compliance with the foregoing, with these Official Rules or return of prize notification as non- deliverable may result in disqualification and, at Sponsor’s discretion and time permitting, awarding of prize to an alternate winner. Entrants agree, by entering, that 1) Sponsor and its designees may use (unless prohibited by law), entrant’s name, city and state of residence, photograph, any recording (voice, film or video), and/or likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, and 2) the Sponsor shall have no liability and will be held harmless by entrant for any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize and any travel or travel-related activity thereto (including, but not limited to, attendance at the Event) or participation in this Giveaway. Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Sweepstakes (or portion thereof) for any reason, including should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, in the case of termination, at its discretion, select the winners from eligible non-suspect entries received prior to the event that required such termination. CAUTION: Any attempt to deliberately damage the website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek any and all remedies available from any such person(s) responsible for the attempt to the fullest extent permitted by law.
7. Arbitration: Except where prohibited by law, as a condition of participating in this Giveaway, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Giveaway), and entrant further waives all rights to have damages multiplied or increased.
8. Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Utah, USA.
9. Winners’ Names: For the names of winners receiving prizes, send a self-addressed, stamped envelope to be received by within thirty (30) days following the end of the Promotion Period to 2020 Embarcks Giveaway, 2825 E. Cottonwood Pkway Suite 500, Salt Lake City Utah, 84121
10. Sponsor: Embarcks Travel, LLC, a Utah limited liability company.