flye First Promotion Official Rules

Transcription

1 flye First Promotion Official Rules March 2017 NO PURCHASE OR PAYMENT NECESSARY TO QUALIFY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF QUALIFYING. Notice: WorldVentures Marketing, LLC reserves the right in its sole discretion to modify or change these Official Rules without notice. 1. Eligibility The flye First Promotion ( Promotion ) is open for participation only to WorldVentures representatives who are at least eighteen (18) years old at the time of entry and throughout the Promotion Period and are resident of the 50 United States of America, including the District of Columbia and excluding Puerto Rico ( Eligible Participants ), subject to the terms and conditions of these Official Rules. Employees of WorldVentures Marketing, LLC, or any of its affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible and cannot qualify as Eligible Participants. The Promotion and participation in the Promotion are subject to all applicable federal, state and local laws and regulations. The Promotion and participation in the Promotion are void where prohibited by law. Participation in the Promotion constitutes entrant s full and unconditional agreement to these Official Rules. Sponsor s decisions are final and binding in all matters related to the Promotion. Participation in the Offer is contingent upon fulfilling all requirements set forth herein. 2. Promotion Sponsor The Promotion exclusive and sole sponsor is WorldVentures Marketing, LLC, 5100 Tennyson Parkway, Plano, Texas ( Sponsor ). Sponsor s decisions are final and binding in all matters related to the Promotion. 3. Promotion Period The Promotion shall begin March 4, 2017 at 12:01AM. Central Standard Time ( CST ) and shall end April 7, 2017 at 11:59 PM CDT. ( Promotion Period ). Sponsor is the official time keeper for this Promotion. Sponsor may terminate or cancel the Promotion at any time in its sole discretion. 4. Offers 1

2 During the Promotion Period Eligible Participants who make sales as enroller of at least one (1) DreamTrips Gold Membership ( DTG ) or one (1) DreamTrips Platinum Membership ( DTP ) or two (2) DreamTrips Memberships ( DT ) or two (2) DreamTrips U Memberships ( DTU ) will be qualified for the Offer, as defined below (each a Qualifier and collectively Qualifiers ). Each Qualifier will be eligible to purchase the flye smart card ( SmartCard ) at a priority within the fifth shipment of SmartCards made available at North America limited launch ( Limited Launch Date ). The Limited Launch Date will be determined at the sole discretion of Sponsor. SmartCards will be made available to Qualifiers by Sponsor at a time to be determined by Sponsor and at a price to be determined by Sponsor. All terms of the SmartCard user agreement and other associated terms and conditions shall apply to purchase, access, and use of the SmartCard. The Offer consists only in priority of purchase date of the SmartCard and the SmartCard must be purchased by Qualifiers in order to be received. 5. How to Qualify During the Promotion Period, an Eligible Participant who qualifies for the Promotion by making personal sales as enroller of one (1) DTG or one (1) DTP or two (2) DT or two (2) DTU will be eligible to access the Offer at fourth shipment date. Sponsor makes no guarantees as to the fourth shipment date. Upgrades from one membership level to the next are not applicable for qualification. 6. Qualifier Selection Sponsor in its sole discretion will determine the Qualifiers who meet the qualification criteria outlined in these Official Rules. Qualifiers will be announced on or about April 28, 2017 respectively, based only on sales of DTG, DTP, DT and DTU memberships which have not been refunded, cancelled, or subject to a chargeback. Each Qualifier will be notified by at the last known address Sponsor has on record. Eligibility to qualify for the Offer is subject to verification as provided in these Official Rules. As noted below, if any potential Qualifier is found not to be eligible or not in compliance with these Official Rules, if the notification is returned as undeliverable, or if the Offer is not accepted and purchased or otherwise rejected, then the potential Qualifier will be deemed ineligible and disqualified and the Offer will be deemed forfeited. The Offer is nontransferable and no cash redemption or Offer substitution is permitted. The Offer has no cash value. Limit one SmartCard and Offer per business center and per individual. 7. THE ELIGIBILITY OF EACH POTENTIAL PROMOTION QUALIFIER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. 2

3 8. Verification of Potential Promotion Qualifiers All Qualifiers must continue to comply with all terms and conditions of these Official Rules and eligibility is contingent upon fulfilling all requirements set forth in these Official Rules. As noted above, will be contacted via last known address on file with Sponsor, the accuracy and completeness of which is the sole responsibility of Qualifiers. The potential Qualifiers will be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability and publicity release (except where prohibited) in order to claim his/her Offer. If a potential Qualifier cannot be contacted, fails to sign and return the affidavit of eligibility and liability and publicity release within the required time period (if applicable), or if the Offer or Offer notification is returned as undeliverable, potential Qualifier shall be deemed to have forfeited the Offer. In the event that a potential Qualifier is disqualified for any reason, Sponsor may award the applicable Offer to an alternate by choosing the Eligible Participant with the requisite sales who is next in line, in the sole discretion of Sponsor. 9. Release By entering the Promotion, each entrant hereby releases Sponsor and its employees, contractors, agents, assigns, affiliates, and related entities, and any social media sites accessed for purposes of the Promotion from and against any and all damages, lawsuits, claims, expenses, and liabilities, of any kind and nature, whether based on tort, breach of contract or other basis, whether known or unknown, past, present and future, relating to and/or arising from the Promotion, any claim based, in whole or in part, upon or relating to any alleged invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, service mark, copyright or other intellectual property rights ( collectively Released Claims ). Released Claims, without limitation, include claims relating to and/or arising from property damage, death or personal injury, those arising out of and/or relating to a participant s participation in the Promotion, the Promotion, acceptance or use or misuse of the SmartCard or participation in the Offer (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry into the Promotion. 10. Publicity Participation in the Promotion constitutes Promotion Qualifier s perpetual consent to Sponsor s and Sponsor s representatives, agents, contractors, employees, affiliates and related entities use of Promotion Qualifier s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without any additional consideration. 11. Communications Participation in the Promotion constitutes entrant s consent to receive communications from Sponsor and its affiliates and related entities in the United States and abroad. Participation in the 3

4 Promotion constitutes entrant s consent to the transfer of data submitted for purposes of the Promotion. 12. General Conditions As noted above, Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any person it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. 13. Limitations of Liability SPONSOR AND SPONSOR S EMPLOYEES, REPRESENTATIVES, AGENTS, ASSIGNS, CONTRACTORS, AFFILATES AND RELATED ENTITIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSS OF PROFIT, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITVE DAMAGES, ACTUAL DAMAGES, OR ANY OTHER TYPE OF DAMAGES OR LOSS REGARDLESS SUCH LOSS OR DAMAGE ARISES UNDER TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER THEORY OR GROUND REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SPONSOR AND SPONSOR S EMPLOYEES, REPRESENTATIVES, AGENTS, ASSIGNS, CONTRACTORS, AFFILATES AND RELATED ENTITIES RECEIVED NOTICE OF SUCH LOSSES OR DAMAGES Disputes Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Offers awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Promotion, the SmartCard, or the Offer, shall be resolved exclusively by the United States District Court or the appropriate Texas State Court located in Collin County, Texas; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation 4

5 and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. 5