This promotion (the "Sweepstakes") is sponsored by Windstar Cruises, LLC, 2101 4th
Avenue, Suite 210, Seattle, WA 98121 (“Windstar” or “Windstar Cruises”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Purchase will not improve your chances of winning. To enter, submit your email address at the sweepstakes registration page at http://windstarsurveys.polldaddy.com/s/windstar-cruises-spring-2017-itinerary-survey
(the “Registration Page”). By participating in the Sweepstakes, you are providing data to Windstar Cruises and Xanterra Parks & Resorts, Inc. and other entities affiliated with Windstar Cruises to use for marketing and product development purposes. You will receive emails for special offers and you may unsubscribe from these promotional emails at any time. Multiple entries are automatically disqualified; only the first entry will be considered.
The Sweepstakes is open to all legal residents of the 50 United States and the District of Columbia who are twenty-one (21) years of age or older as of April 29, 2017, excluding Hawaii. Employees (and immediate family members and household members of employees) of Windstar Cruises and Xanterra Parks & Resorts, Inc. and their affiliates, assigns, advertising, promotional and fulfillment agents, attorneys, and other representatives (and their immediate family members and household members) and the persons with whom each of the above are domiciled are not eligible. This offer is void in Hawaii and wherever prohibited or restricted by law. Each entrant in the Sweepstakes must be the rightful holder of the email account submitted at entry. In the event of a dispute concerning the identity of the holder of the email account, the holder will be deemed to be the person who owns the email address according to the records of the email service provider. The email account must be opened prior to the commencement of the Sweepstakes.
The Sweepstakes will commence on April 29, 2017 at 9:00 a.m. (ET) and the last entry will be accepted no later than May 20, 2017 at 11:59 p.m. (ET) (the “Entry Period”). Windstar’s computer shall be the official clock of the Sweepstakes.
SELECTION AND NOTIFICATION OF WINNERS
One (1) potential winner will be selected by a random drawing from among the eligible entries received during the Entry Period. Potential winners will be chosen by Windstar Cruises no later than May 30, 2017. Potential winners will be notified by email no later than May 30, 2017 and required to execute and return an Affidavit of Eligibility and Release, including, where permitted, a publicity release (the “Affidavit”) and a release of liability and, where permitted, publicity (the “Release”) from their guest. If a potential winner does not return the Affidavit and Release within 7 days of delivery, the prize will be deemed forfeited and an alternate winner will be chosen. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If winner cannot or will not accept the prize, the prize will be forfeited and an alternate winner may be selected. Alternate winners will be chosen by a random drawing from among the remaining eligible entries.
One (1) Grand Prize winner will receive a trip for two (2) people on a 7-day Windstar itinerary based on the winner’s selection and availability and restricted to Category B staterooms only (the “Cruise”). Included in the prize is: (1) regular onboard meals for winner and one guest (excluding mandatory onboard gratuities, ground transportation, discretionary dining charges, meals in alternate dining venues, alcoholic beverages, wine, and/or specialty coffee drinks); (2) regular onboard entertainment for winner and one guest; (3) one standard, double-occupancy stateroom; (4) roundtrip airfare from selected US airports for winner and one guest from airport nearest winner’s home (or if winner resides within a 100-mile radius of the embarkation point of the Cruise, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for any difference in prize value), subject to the terms and conditions below; and (5) port fees and taxes. Not included in the cost are ground transportation, checked baggage fees, alcohol, shore excursions, and any purchased onboard amenities, hotels, pre or post cruise excursions and transfers to or from the ship, and other incidentals and expenses not specified. Estimated retail value of this prize is up to $12,000. Winner(s) should contact Windstar at firstname.lastname@example.org
to book the Cruise.
FINAL DECISION REGARDING THE PRIZE AWARDED WILL BE MADE BY WINDSTAR CRUISES BASED ON AVAILABILITY. JUDGES’ DECISIONS ARE FINAL AND BINDING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED.
All travel arrangements are subject to availability, blackout dates and other restrictions. Reservations must be confirmed at least (90) days prior to intended date of departure and are subject to availability at time of request. Prize travel must be completed by Winner and guest must travel on same itinerary throughout. Rebooking and changes are not permitted. Tickets are non-refundable and non-transferable. All unspecified expenses related to acceptance/use of prize and, except as expressly provided herein, all taxes on prize are winner’s sole responsibility. Winner and guest must depart from one of Windstar’s US gateway airports: Los Angeles International Airport (LAX), John F. Kennedy International Airport (JFK) or George Bush Intercontinental Houston Airport (IAH).
No prize substitution or cash redemption is allowed, except by Windstar, in its sole discretion, if advertised prize is unavailable and only then for prize of equal or lesser value. No prize transfers are allowed.
Terms and Conditions of Prize
Limit one entry per person/household/per email address. Windstar reserves the right to disqualify any person or email address that submits more than one entry regardless of entry method. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of delivery or receipt by Windstar. Use of any automated system or third-party software or website to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. Windstar reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method and to disqualify any person or e-mail address that submits more than maximum allowed entries. All entries become the exclusive property of Windstar and will not be acknowledged or returned and no correspondence will be entered into by Windstar regarding the status of an entry.
All prize details not specified in the Official Rules will be determined in Windstar Cruises’ sole and absolute discretion. Prize includes all applicable government fees and taxes for the Cruise and airfare only. Winner and guest are responsible for all other taxes, including income taxes on prize. Cruise must be completed by December 31, 2018 or the prize will be forfeited.
Except as expressly provided herein, Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein; including, but not limited to, all ground transportation, shore excursions fees, discretionary hotel and dining charges, mandatory onboard gratuities, meals in alternate dining venues, alcoholic beverages, boutique purchases, travel upgrades and any other personal incidental costs or other expenses not specifically set forth herein.
All reservations and air and cruise arrangements including, without limitation, the dates and times are at the sole discretion of Windstar Cruises. Cruise must be taken by December 31, 2018; no alternative cruise dates are available or Prize will be forfeited, except that, if Windstar Cruises cancels the selected Cruise, Windstar Cruises will issue the Winner credit for a comparable cruise and airfare to be taken within the following 12 months. All prize details are subject to availability and restrictions such as blackout dates, including holidays, may apply. The winner’s guest must be 21 years of age or older as of the date of departure, unless the guest is the Winner’s minor child. Minors must be accompanied at all times during trip (including, but not limited to, cruise travel, cruise activities and all other prize-related events) by minor’s parent. Winner and guest must cruise on same itinerary. Cruise guest must (or a guest’s parent if guest is an eligible minor in his/her state/province of residence) sign and return a cruise liability/publicity (where permitted) release before any ticketing of Cruise occurs. The Winner and guest must have all necessary identification and/or cruise documents (including, but not limited to, a valid U.S. driver’s license, valid passport, visa (if applicable), and all other necessary travel documents) required for Cruise. Once the guest is selected, he/she may not be substituted, except in Windstar’s sole and absolute discretion. Cruise is subject to the terms and conditions of the Windstar passage contract. As set forth in more detail in the passage contract, Windstar reserves the right to refuse to embark Winner or any guest, at any time if, in the sole opinion of Windstar, Winner or guest, or any minor or other person in Winner or guest’s care during the Cruise, is unfit for any reason for the Cruise. Windstar Cruises shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by Cruise operators or any other persons providing any prize-related services or accommodations. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Windstar Cruises has not, and will not, obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged Cruise tickets, travel vouchers or certificates will not be replaced or exchanged. If unclaimed, the prize will not be re-awarded. Additional prize award details and travel information will be provided to the prize winner at the time of notification.
BY ACCEPTING PRIZE, WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR, LAND AND SEA TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES TO THE EXTENT ALLOWED BY LAW THAT PROMOTIONAL PARTIES (DEFINED HEREIN) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
The estimated retail value of Prize: Up to $12,000 USD plus value of the included air travel. Actual value of the Prize may vary based on cruise fare and airfare fluctuations. Any difference between the stated approximate retail value and the actual value of the Prize will not be awarded.
The prize will be awarded, provided there is at least one (1) eligible entry. Prize is non-transferable and cannot be sold or, except at the sole discretion of Windstar, redeemed for cash. In the event that a prize is unavailable, Windstar Cruises reserves the right to substitute a cash payment of equal or greater value.
Except as expressly provided herein, winner is solely responsible for all federal, state and/or local taxes (including but not limited to income taxes on the prize) and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, is used, excluding Cruise taxes and air travel taxes provided by Windstar.
By participating, Sweepstakes entrants affirm that they have read these Official Rules and Terms and Conditions of Prize, agree to be bound by them and the selection of the winner, which shall be final, and waive any right to claim ambiguity in the Sweepstakes and/or these Official Rules and Terms and Conditions. Windstar’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term. Acceptance of prizes constitutes permission to use the winner's name, voice, likeness, biography, and prize won for purposes of advertising, promotion, marketing and publicity without additional notice or compensation, except where prohibited or restricted by law.
As a condition of entering, Sweepstakes entrants agree (and agree to confirm in writing): (a) to release Windstar Cruises and Xanterra Parks & Resorts, Inc. and their affiliates, subsidiaries, retailers, sales representatives, advertising, promotion and fulfillment agencies, distributors, and each of their officers, directors, employees and agents (collectively, the “Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Sweepstakes entrants hereby release, discharge, and hold harmless the Released Parties from any and all liability or damages arising from the administration of the Sweepstakes and the use or misuse of any prize received in this Sweepstakes, including, without limitation, the following: (i) late, lost, incomplete, delayed, misdirected or unintelligible entries, (ii) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes, (iii) any damage to the entrant's or any third party’s computer, related equipment, data files, and software resulting from entrant's completing the survey, downloading of information regarding the Sweepstakes or participation in the Sweepstakes; (iv) telephone, computer, hardware, software, satellite, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or errors, or failure to properly process surveys or entries; (v) communication disruption or other forces beyond the reasonable control of Windstar, including inability to access the Registration Page, submit entries or other disruption related to Internet traffic, virus, bug, or nonauthorized intervention.
Except as provided above, Windstar Cruises and Xanterra Parks & Resorts, Inc. may only use the personally identifiable information obtained from the entrants in accordance with their respective privacy policies, which may be found at http://www.windstarcruises.com/PrivacyPolicy.aspx
Windstar Cruises reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes and an unawarded prize remaining at the time of modification or suspension shall be awarded to eligible non-winning participations selected by random drawing conducted from among all eligible non-winning entries unaffected by technical failures and received prior to the action should a virus, bug, computer problem or other cause beyond Windstar’s control corrupt the administration, security or proper operation of the Sweepstakes or if, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures or any other causes which Sponsor deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes. In the event of the foregoing, Windstar shall post notice of such action on the Registration Page. Windstar Cruises may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that he/she is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking or employing other unfair practices or by abusing other entrants or the representatives of Windstar Cruises and Xanterra Parks & Resorts, Inc. or their affiliates.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, IN SUCH EVENT, WINDSTAR CRUISES RESERVES THE RIGHT TO PURSUE ITS REMEDIES AND DAMAGES (INCLUDING COSTS AND ATTORNEY'S FEES) TO THE FULLEST EXTENT OF THE LAW.
Any disputes, claims and causes of action arising from the Sweepstakes or any prize awarded (collectively, “Claims”) will be determined according to the laws of the State of Washington, without reference to its conflict of laws principles, and the entrants consent to the personal jurisdiction of the State and Federal Courts located in the State of Washington over them and agree that such courts have exclusive jurisdiction over all such disputes. Claims shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal Courts located in the State of Washington; 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 attorneys’ fees; and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
For the names of the prize winners, e-mail your request to CONTEST@WINDSTARCRUISES.COM no earlier than June 1, 2017 but no later than December 31, 2017. You may also send a self-addressed stamped envelope to Windstar Cruises, Attention: Itinerary Survey Contest, 2101 4th Avenue, Suite 210, Seattle, WA 98121 during the time period above.