Cruise Giveaway Official Rules
Official Drawing Rules and Policy
Prize: A 4-night Caribbean cruise for two on Royal Caribbean Cruise Lines.
- NO CONTRIBUTION OR PURCHASE NECESSARY TO ENTER OR WIN. Tour Point, LLC’s Are Your Feeling Lucky Cruise Giveaway (the “Promotion”) is sponsored by Tour Point, LLC, a travel agency with its principal place of business at 796 Village Lake Terrace Unit 101B, St Petersburg, FL 33716. Promotion is only offered in Florida. Void outside Florida and where prohibited.
- Promotion is subject to all federal, state and local laws. Tour Point, LLC shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all its decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
- Promotion begins on June 21, 2019. Entry deadline is June 30, 2019 at 11:59 PM Eastern Time (“ET”). Drawing to determine potential winner will be held on July 4, 2019. Tour Point, LLC’s computer is the official time-keeping device for this Promotion.
- Winner will be issued an IRS 1099 MISC tax form (or its equivalent) for the ARV of the prize awarded if required and is solely and exclusively responsible for all state, federal or local income taxes that may result from his or her acceptance of prize.
- To be eligible, each entrant must be at least eighteen (18) years old and a legal United States resident who resides for at least three (3) months per year in Florida.
- Employees, officers, directors and volunteers of Tour Point, LLC, any other entity directly involved in the development or administration of the Promotion, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related.
PRIZE & ODDS
- Prize (1): Caribbean Cruise for winner and one (1) guest consisting of four(4) night (inside stateroom) aboard Royal Caribbean Cruise Line departing from any port on any future sailing, taxes and government fees, most meals, most entertainment, pre-paid gratuities, priority check-in, $50 onboard credit per stateroom. See below for important travel prize restrictions. Approximate Retail Value (“ARV”): $790.46.
- The odds of winning depend on the number of entries received.
- Actual value of prize or prize components may depend on seasonal or industry fluctuations. If the actual value of prize awarded is less than the ARV stated above, winner will not be entitled to any compensation or reimbursement for difference in value.
- Accommodations and travel dates are subject to availability and confirmation of reservations, are subject to change without notice, and may not be combined with any other offer. Winner must coordinate travel with specified travel agent. Blackout dates may apply. Prize tickets or certificates (if any) are non-transferable, are not redeemable for cash and are void if sold or bartered. The sale or barter of tickets obtained through redemption of prize certificates or vouchers is also prohibited. Any tickets obtained through such sale or barter are void and will not be honored.
- Winner or guest must be at least twenty-one (21) years old to check in. Guest must be at least eighteen (18) years old unless winner is parent or legal guardian and may be required to sign liability waiver and/or publicity release prior to receipt of travel documents and/or confirmation of reservations. Winner and his or her guest must travel on same itinerary.
- Prize does not include any ground or air transportation of any kind and winner and guest are solely and exclusively responsible for scheduling and paying for any transportation arrangements to and from Fort Lauderdale and port. Winner and his or her guest are solely responsible for obtaining, at their own expense, any picture identification, valid U.S. passport, visa, immunization, where applicable, or other requirements associated with travel as well as any travel insurance or any other form of insurance desired and to be in possession of all necessary travel documents at the time and point of departure. Winner and guest must have a valid U.S. passport with an expiration date that is six (6) months or more from the return date of the cruise. Non-U.S. citizens must contact their local consulate regarding required documents necessary for the listed ports of call. Carrier may deny boarding to any passengers without proper documentation. No refund or compensation will be made in the event of the cancellation or delay of any air or ground transportation.
- All elements must be used on the dates set forth above in the prize description or on any tickets or passes. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by cruise line as detailed in the relevant passenger ticket contract.
- All prize details shall be at Tour Point, LLC’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, fees, tips, gratuities, parking, concessions, souvenirs, merchandise, all transportation, additional travel or lodging, food, beverages, snacks, ship services, room service, laundry service, spa treatments, local and long distance telephone calls, Internet access, personal items, transfers, airline or airport fees, security fees, baggage charges, passport expenses, passenger tariffs or duties, trip or travel insurance, service or facility charges, shore and other excursions, sightseeing, and upgrades. Ship may require valid major credit card or cash deposit for incidentals.
- Prize is not redeemable for cash and may not be sold, bartered or auctioned. The right to receive prize is not transferrable. Prize or any portion thereof not used or accepted by winner is forfeited and no cash or substitute will be offered or permitted, unless required by law. Prize may not be substituted except that Tour Point, LLC in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
- Prize offered is provided “as is” with no warranty or guarantee either express or implied by WUSF 89.7. WUSF 89.7 has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize. Other restrictions apply.
- Entries will be accepted beginning June 21, 2019 at 12:00 PM (noon) ET and ending June 30, 2019 at 11:59 PM ET. There are two (2) ways to enter:
- Online: To enter online without making a purchase or donation, visit https://www.GayCruiseGetaways.com (the “Promotion Page“), click on the “Enter Now” button. Then follow the instructions and enter any Required Information; or
- In Person: To enter in person, visit the Tour Point Getaways / Lucky Star Lounge,Are You Feeling Lucky Cruise Booth at the St Pete Pride Festival on June 23, 2019 where you can speak with one of us and register to win by completing all Required Fields of the entry form in person.
These are the only methods of entry. Entries will not be accepted via any other method.
- IMPORTANT: DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE PROMOTION.
- All entries must be received by Tour Point, LLC no later than June 30, 2019 at 11:59 PM ET. Proof of sending is not proof of receipt by Tour Point, LLC. Tour Point, LLC will not accept screen shots as proof of entry.
- Regardless of method, limit one (1) entry per person or e-mail address. Additional entries received from any such person or e-mail address thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in Tour Point, LLC’s sole discretion. No group submissions will be accepted.
- Entries must include a working daytime telephone number or valid e-mail address for the entrant. Tour Point, LLC is not responsible for electronic communications that are undeliverable because of any form of active blocking or filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.
- Entrants who fail to provide any Required Information may be disqualified without further notification by Tour Point, LLC. Tour Point, LLC is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. Tour Point, LLC reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of Tour Point, LLC and will not be returned or acknowledged.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
- On July 4, 2019, or within a reasonable time thereafter, Tour Point, LLC or its designee will randomly choose one (1) name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner.
- Tour Point, LLC will contact potential winner using the information supplied by winner on his or her entry form. Winner must respond to Tour Point, LLC within forty-eight (48) hours of initial notification and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents and to provide such documents to Tour Point, LLC within ten (10) days of initial notification, and as a condition of receiving prize. Tour Point, LLC in its sole discretion may allow for transmission of verification documents via fax or e-mail. Winner will receive instructions on claiming or receiving prize. If prize is mailed or shipped, winner shall assume all risk of loss, damage, theft, late or missed delivery. If applicable, Tour Point, LLC, in its sole discretion, may permit a verified winner to authorize, in writing, another adult to pick up his or her prize; however, winner must agree to release and hold Tour Point, LLC harmless from all liability for any prize claimed by his or her authorized designee and winner’s designee will be required present photo ID.
- If potential winner (a) cannot be contacted directly by, or does not respond to, Tour Point, LLC within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, Tour Point, LLC in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
- Tour Point, LLC may, in its sole discretion, post the verified winner’s name on the Promotion Page and/or any of Tour Point, LLC websites, including https://www.tourpointgetaways.com, https://www.worldwidegetawayguide.com, https://www.worldwideluxurygetaways.com, and on or in any of Tour Point LLC’s social media pages or channels.
- By accepting a prize, winner agrees to award Tour Point, LLC the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on Tour Point, LLC’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
- By entering the Promotion, you agree that Tour Point, LLC, Lucky Star Lounge, and any other company involved in the development or administration of this Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not properly submitted or received by Tour Point, LLC by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the selection or announcement of thewinner or prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion;(e) are not responsible for any unauthorized third party use of any entry materials; (f) are notresponsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance ofentries, the selection of winner, the prize or otherwise in any Promotion-related materials.
- RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THEPROMOTION.
- By entering the Promotion, you agree to release and hold Released Parties harmless from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Promotion or any Promotion-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Promotion; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of prize; and (d) any other claim or cause of action you may have against any Released Party.
- BY ENTERING THE PROMOTION, YOU FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THEPROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES.
- SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- Tour Point, LLC reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if Tour Point, LLC determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Tour Point, LLC’s control. In such an event, Tour Point, LLC will post notice of same at the Promotion Page and select the winner at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as Tour Point, LLC, in its sole discretion, deems fair and appropriate under the circumstances.
- Tour Point, LLC reserves the right to disqualify any individual from further participation in the Promotion if Tour Point, LLC concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards Tour Point, LLC or any other entrant or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including by using any prohibited device or method. Any failure by Tour Point, LLC to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
- ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND TOUR POINT LLC RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
- All activity arising out of and relating to the Promotion, including any reference to the status of any person as a “winner” is subject to verification and/or auditing for compliance with the Official Rules. If Tour Point, LLC determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, Tour Point, LLC reserves the right to disqualify such entry and/or entrant from the Promotion and prize at any time. Tour Point, LLC reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if Tour Point, LLC determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Tour Point, LLC. Each entrant agrees to cooperate with Tour Point, LLC and its representatives in connection with all verification, auditing and/or background check activities.
- Tour Point, LLC reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Tour Point, LLC reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Promotion, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
- By entering the Promotion, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Pinellas County, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in thePromotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
WINNER’S NAME/OFFICIAL RULES
- For a copy of the Official Rules or the final Winner’s Name, visit the Promotion Page, https://www.gaycruisegetaways.com/cruise-giveaway-official-rules or mail a SASE to: Tour Point, LLC Are Your Feeling Lucky Cruise Giveaway c/o Tour Point LLC, 796 Village Lake Ter, Ste 101B, St Petersburg, FL 33716, specifying either “Winner’s Name” or “Official Rules.” Winner’s Name will be available after July 4, 2019.
- Sponsor: Tour Point, LLC.