Romantic Getaway Contest Terms and Conditions

 Zoosk Cirque du Soleil “Zumanity Experience” Contest Official Rules

Zoosk Romantic Getaway Contest Official Rules

  1. No Purchase Necessary; Entry Instructions. NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AND ON THE SKILL OF THE ENTRANT. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS.

To participate in the Zoosk “Zumanity Experience” Contest (the “Promotion”) beginning at September 24, 2014 at 12:01 PM Pacific Daylight Time (“PT”) and ending on October 1, 2014 at 12:01 PM PT (the “Promotion Period”), you must during the Promotion Period register and provide all requested information at the Promotion submission page located at www. zoosk.com/romanticgetaway, including submitting a story describing your best romantic getaway as a couple (collectively, the “Entry”). Zoosk’s computer is the official time-keeping device for the Promotion.   Time and eligibility of Entry will be determined by Zoosk in its sole discretion. On or about October 7, 2014, Zoosk will select the winners. Zoosk will announce the winners via email, phone, and/or Social Media Platform e.g., Facebook.

All Entries must meet the following criteria:

  1. Entries must be original and not violate any third-party rights, and the entrant must have all rights necessary to submit the Entry.
  2. Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law.
  3. Entries must be appropriate for viewing by the general public; appropriateness will be determined by Zoosk.

In the event of a dispute as to any entrant, the authorized account holder of the account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the account by an Internet access provider, online service provider or other organization responsible for assigning addresses for the user name associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Zoosk shall have the ultimate right to determine the identity of a potential winner in its sole discretion.

  1. Eligibility. In order to be eligible, participants (including both members of the couple who are the subject of the story) must (i) be current legal U.S. residents; (ii) at least 21 years of age; (iii) currently be in a relationship, have or had their membership account with Zoosk.com, and have met their significant other via Zoosk; (iv) be willing to participate in interviews and a video about their relationship and their participation in the promotion and their use of the prize (the “Video”); and (v) be legally able to participate. Employees of Zoosk or Cirque du Soleil and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are eligible to participate but are not eligible to win any prize.

For further clarity, each participant understands that by entering into this Promotion, he/she may be asked to participate in the Video and that his/her participation is a material condition in order to win the Grand Prize (as hereinafter defined). In this regard, the Grand Prize winner and his/her guest will be asked to sign a release, whereby Grand Prize winner and his/her guest will each, namely, authorize Cirque du Soleil and Zoosk, if need be but without any obligation on its part, to use his/her name, photographs, likeness, image, voice, place of residence or any verbal or written statement he/she made or may make about the Entry or the Promotion (the “Appearance”), irrevocably and in perpetuity, for the purpose of the Promotion or for any other promotional or commercial purposes (including for Cirque du Soleil’s and Zoosk’s internal purposes), at any time and without restriction of any kind, at Cirque du Soleil’s and Zoosk’s sole discretion and without any compensation or consideration, and without further consent. For further clarity, the Grand Prize winner and his/her guest must namely agree to the unlimited use of their Appearance in the Video and its diffusion on any of Cirque du Soleil’s or Zoosk’s websites or in any other media or on any support and in any country of the world, for advertising, promotional or other purposes, at any time and without restriction of any kind, at Cirque du Soleil’s and/or Zoosk’s sole discretion and without any compensation or other consideration, and without further consent.

  1. Prizes.   There will be one (1) grand prize and ten (10) second place prizes awarded.

A. Grand Prize.

(1)  Cirque du Soleil will fulfill and coordinate the following Grand Prize to the winning couple:

(i)   round trip economy airfare for TWO (2) people from the airport closest to the grand prize winner’s or his guest’s residence to Las Vegas, Nevada, United States of America, (departure airport and airfare company to be determined at the sole discretion of Cirque), having an approximate retail value not to exceed One Thousand United States Dollars (USD $1,000.00) per person; and

(ii) TWO (2) hotel night accommodations for two (2) people in ONE (1) standard room at the New York New York Hotel & Casino located in Las Vegas, Nevada, United States of America (two guests to be accommodated in one single room, room to be determined at the sole discretion of Cirque du Soleil), having an approximate retail value not to exceed Three Hundred United States Dollars (USD $300.00) per night; and

(iii) Two (2) Category B tickets to attend ONE (1) performance of Zumanity by Cirque du Soleil presented at the New York New York Hotel and Casino located in Las Vegas, Nevada, United States of America before March 31, 2015. Each ticket shall have an approximate retail value not to exceed One Hundred Forty-Eight United States Dollars and Forty Five Cents (USD $148.45); and

(iv) ONE (1) Seventy-Five United States Dollars (USD $75.00) dining credit to be used at Nine Fine Irishmen restaurant located within the New York New York Hotel and Casino (altogether, the “Grand Prize”)

Maximum cost of Grand Prize to be provided by Cirque du Soleil will be Two Thousand Nine Hundred Seventy-one United States Dollars and Ninety United States Cents (USD $ 2,971.90).

(2)  The following conditions apply to the Grand Prize:

(i)   The Grand Prize must be used before March 31, 2015. Trip must be taken on dates agreed upon by Cirque du Soleil. If Grand Prize Winner cannot travel on the dates specified, the Grand Prize will be forfeited.

(ii)All travel arrangements must be made through a travel agent selected by Cirque du Soleil. Grand Prize Winner and his/her guest must travel together. Once the arrangements are completed, no modifications will be accepted. All accepted parts of the Grand Prize must be used by the Winner and his/her guest during the same trip

(iii) If grand prize winner lives within a 200-mile radius of the destination, prize will not include the air-transportation portion of the prize.

(iv)Grand Prize Winner will be responsible for all gratuities, additional meals and beverages, ground transportation, fees, taxes, and any other incidental costs or expenses not identified in these rules and in the Grand Prize description above.

(v)   TAXES, IF ANY, RELATED TO THE PRIZE ARE THE RESPONSIBILITY OF THE WINNER.

(vi)All tickets and accommodations are subject to the vagaries of schedule variation, work stoppages, and schedule changes;

(vii)  The guest accompanying the Grand Prize Winner must have reached the age of twenty-one (21) years old at the time of travel;

(viii) Grand Prize Winner must select his/her travel dates within fourteen (14) days of the receipt by Cirque du Soleil of his/her completed and signed release;

(ix) No compensation will be awarded to the Grand Prize Winner or his/her guest if the actual value of the traveling expenses is less than the approximate retail value detailed hereinabove;

(x)  All seat locations to Zumanity are subject to availability and seats shall be determined at the sole discretion of Cirque du Soleil. Selected performance is subject to blackout dates, holidays and show extended dark periods;

(xi)If the Grand Prize or any part of the Grand Prize is not used, no compensation will be awarded to the Grand Prize Winner and his/her guest;

(xii) The Grand Prize may be accepted by the Grand Prize Winner in whole or in part. In the event that the Grand Prize is accepted in part by the Winner, Zoosk or Cirque du Soleil shall have no other obligation than to provide to Grand Prize Winner such accepted part of the Grand Prize. Winner shall not be entitled to claim any part of the Prize that he/she has refused and both Zoosk and Cirque du Soleil shall be released of any obligations pertaining to such refused part of the Grand Prize;

(xiii) No prize substitution or cash redemption allowed by the Grand Prize Winner. The Grand Prize is not transferable. Zoosk and Cirque du Soleil reserve the right to substitute a prize of equal or greater value if any portion of the featured Prize becomes unavailable.

GRAND PRIZE WINNER MUST BE AWARE THAT USE OF THE TRAVEL PRIZE CAN BE HAZARDOUS AND CAN PRESENT UNUSUAL RISKS OF DEATH, SERIOUS ILLNESS AND INJURY, AND PROPERTY DAMAGE. GRAND PRIZE WINNER PARTICIPATES IN USE OF THE PRIZE WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREES TO ACCEPT ANY AND ALL RISKS OF INJURY, ILLNESS, DEATH AND PROPERTY DAMAGE.

B. Cirque du Soleil will fulfill and coordinate each of the TEN (10) second place winners the following:

(1)  ONE (1) Cirque du Soleil Zumanity gift bag; each gift bag having an approximate retail value not to exceed fifty United States Dollars (USD $50.00) for the total ARV of all ten second place prizes: Five Hundred United States Dollars (USD $500.00) (the “Secondary Prizes”).

(2)  The following conditions apply to the Secondary Prizes

(i)   If a Secondary Prize or any part of a Secondary Prize is not used, no compensation will be awarded to a Secondary Prize Winner;

(ii)No substitution, assignment or transfer of the prize is permitted, except by Cirque du Soleil, who has the right to substitute a prize with another of comparable or greater value.

  1. Winners. The winners of the Promotion will be determined based on the following:

The object of the Promotion is to most creatively and compellingly convey your most romantic vacation.   Judging will be based on demonstrated romantic nature of trip, storytelling ability, creativity, and ability to convey appeal of destination. Judging will be done by Zoosk or its designees.

In the event a potential Grand Prize winner is disqualified, the prize will be given to the next entrant eligible to win a prize based on the judging criteria. The Grand Prize winner will be attempted to be notified and will have 10 days from notification to accept the prize. Neither Zoosk nor Cirque du Soleil is responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account. Except where prohibited, participation in the Promotion constitutes participant’s consent to Zoosk’s and Cirque du Soleil’s use of participant’s Entry and his or her and his or her significant other’s name, likeness, voice, opinions, biographical information, and residence for promotional purposes in any media without further payment or consideration. Winner (and winner’s significant other) may be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will further allow Zoosk and Cirque du Soleil to use a winner’s name, likeness, voice, opinions, biographical information, and residence for publicity and promotional purposes without further compensation where permitted by law.

 

Because this is a contest of skill, winning the Promotion is dependent on the quality and number of submissions received.

  1. Conditions of Participation. By submitting an Entry for this Promotion, you agree (i) to abide by these Official Rules and any decision Zoosk makes regarding this Promotion, which Zoosk or its designees shall make in their sole discretion and (ii) if selected as Grand Prize winner, to participate in interviews and filming, as requested by Zoosk, to (a) to capture winner’s use of the prize with his or her significant other and (b) to execute Zoosk’s standard Success Story terms and to cooperate with Zoosk to enable Zoosk to use winner’s couple success story for promotional purposes. Zoosk reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Zoosk’s reasonable suspicion, tampers with Zoosk site, the entry process, intentionally submits more than the allowed entries, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner.
  2. Intellectual Property: Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Zoosk’s rights to reprint, display, reproduce, perform, use, and exhibit the Entry for the purpose of administering and promoting the Promotion and for Zoosk’s marketing and advertising purposes. By participating in the Promotion, each entrant grants to Zoosk a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the Entry and materials and information submitted on and in connection with the Promotion or use or receipt of the prize for any and all purposes in any medium. Each participating entrant hereby warrants that any Entry and other materials and information provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the Entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the Entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the Entry and information and materials by Zoosk in the manner set forth in the Official Rules without additional compensation.

Each entrant warrants that the Entry and materials and information provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential, and that the Entry, materials and information provided do not violate any laws or regulations. Entrant represents and warrants that he or she has permission from any necessary third party to enter the Promotion, take and submit the photo and Entry, and receive the prize.   Entrant agrees that Zoosk has the right to verify the ownership and originality of all Entries and that, upon Zoosk’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant understands and acknowledges that in the event a submission is selected as a winning Entry, and entrant’s ownership, rights and the originality of the Entry cannot be verified to the satisfaction of Zoosk or is in any other way ineligible, Zoosk may select an alternate winner based on the same judging criteria.

  1. Disclaimer, Release and Limit of Liability. NEITHER ZOOSK Nor Cirque du Soleil MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS ZOOSK, CIRQUE DU SOLEIL, FACEBOOK AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USEOR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USEOR MISUSE OF ANY PRIZE. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Zoosk, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Zoosk reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
  2. Governing Law. This Promotion and the rights and obligations of Sponsors and participants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action; (ii) 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 (iii) 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.
  3. Entrant’s Personal Information. Information collected from entrants is subject to the Zoosk Privacy Policy, which is available at https://www.zoosk.com/en/privacy?from=footer.
  4. Winners List. Individuals may request the name of the winners by submitting a self-addressed stamped envelope prior to Friday, October 31, 2014 to Zoosk “Zumanity Experience” Contest, Winners List Request, Zoosk, Inc. 989 Market Street, Fifth Floor, San Francisco, CA 94103. Vermont residents may omit postage.
  5. Sponsors. Sponsors of this Promotion are Zoosk, Inc. located at 989 Market Street, Fifth Floor, San Francisco, CA 94103 (“Zoosk”) and Cirque du Soleil America, Inc. located at 980, Kelly Johnson Drive, Las Vegas, Nevada, 89119 (“Cirque du Soleil”) (collectively, the “Sponsors”). Facebook is not a sponsor of, or otherwise affiliated with, this Promotion.