The Carnival Corporation 2017 Charity Challenge Sweepstakes
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR EACH APPLICABLE ENTRY PERIOD.
- VOID WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. The Carnival Corporation 2017 Charity Challenge Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) states in the United States, the District of Columbia, Puerto Rico or Canada (excluding Quebec) and who are at least twenty-one (21) years of age or older at the time of entry. Employees, officers and directors of Carnival Corporation (“Sponsor”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, Finnmax LLC and JMBP, LLC and the direct and indirect parents, subsidiaries, affiliated and related entities of each of the foregoing, and the principals, members, officers, shareholders, joint venturers, attorneys, production partners, contractors, directors, successors, licensees and assigns of each of the foregoing (collectively, the “Finnmax Parties”) (the aforementioned with Sponsor collectively, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
- Entry Periods. The Sweepstakes begins on or about 12:01 a.m. Pacific Time (“PT”) on Tuesday, December 13, 2016 and all entries must be received by the Sponsor on or before 5:00 p.m. PT on Monday, February 13, 2016 (the “Sweepstakes Period”). However, the Sweepstakes Period consists of seven (7) separate entry periods (each an “Entry Period”), which are specifically detailed in the chart below. All entries must be received by the end time and date (detailed in the chart below) for each respective Entry Period to be eligible for the corresponding drawing for that Entry Period. Additionally, non-winning entries from one (1) Entry Period will not carry over to subsequent Entry Periods; provided, however, all entries submitted during any Entry Period will be included in the drawings for the Runner-up Prize and Grand Prize. Individuals who receive an entry during an Entry Period will be receiving an entry for the corresponding drawing based on the chart below as well as the Runner-up and Grand Prize drawings.
Entry Period Timing Chart
|Entry Periods||Start Time/Date
|#1||12:01 a.m. PT on December 13, 2016||5:00 p.m. PT on January 2, 2017||January 3, 2017|
|#2||11:00 p.m. PT on January 2, 2017||5:00 p.m. PT on January 9, 2017||January 10, 2017|
|#3||11:00 p.m. PT on January 9, 2017||5:00 p.m. PT on January 16, 2017||January 17, 2017|
|#4||11:00 p.m. PT on January 16, 2017||5:00 p.m. PT on January 23, 2017||January 24, 2017|
|#5||11:00 p.m. PT on January 23, 2017||5:00 p.m. PT on January 30, 2017||January 31, 2017|
|#6||11:00 p.m. PT on January 30, 2017||5:00 p.m. PT on February 6, 2017||February 7, 2017|
|#7||11:00 p.m. PT on February 6, 2017||5:00 p.m. PT on February 13, 2017||February 14, 2017|
|Runner-Up/Grand Prize Entry Period||12:01 a.m. PT on December 13, 2016||5:00 p.m. PT on February 13, 2017||February 14, 2017|
All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s SOLE AND ABSOLUTE DISCRETION.
- How to Enter. To enter the Sweepstakes, during any Entry Period: (i) you must visit the Sweepstakes website at www.wlcl.com/challenge or www.apprenticecruisechallenge.com (the “Website”); (ii) vote for your favorite contestant on the show ‘Celebrity Apprentice’ (the “Show”); and (iii) submit an official entry form, which may include, among other things, his/her full name, email address and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible. All votes on the Website will be entered into the corresponding Entry Period drawing based on the date and time it was submitted as well as the Runner-up and Grand Prize drawings.
Limit of one (1) vote/entry, per celebrity, per person, per day will be accepted. A “day” begins at 12:00 a.m. PT and ends at 11:59 p.m. PT. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsor the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
- Selection of Winners and Prize Claiming. There will be at least one (1) Weekly Prize winner selected for each Entry Period but the total number of Weekly Prize winners selected by Sponsor for each Entry Period will be based on the total number of celebrities voted off of the Show during that week’s episode of the Show. Thus, if two (2) celebrities are voted off the Show in a given week, two (2) winners will be selected during that week’s drawing to win a Weekly Prize. There will only be one (1) Grand Prize winner and one Runner-up Prize winner in this Sweepstakes which will be selected based on all entries received during the Sweepstakes Period. For clarity, there will be a maximum total number of fourteen (14) Weekly Prize winners, one (1) Runner-up prize winner and one (1) Grand Prize winner in this Sweepstakes for a total of sixteen (16) total prize winners in this Sweepstakes. The potential winners will be selected through a random drawing on or about the dates set forth in the chart in Section 2 above from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final. The potential winners will be notified using the information provided during entry by any of email and/or telephone and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
Canadian Residents: Before being declared a winner, (each) selected entrant who is a resident of Canada will be required to correctly answer a mathematical skill-testing question without mechanical or other aid, to be administered over the phone or in writing. Failure to correctly answer the skill-testing question will result in the potential winner forfeiting the prize and an alternate potential winner being randomly selected.
Each potential winner and the potential winner’s travel companion may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prizes. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prizes to an alternate winner. Parents or legal guardians of any prize winner under the age of majority may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize(s). If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
- Odds. Odds of winning will depend upon the total number of eligible entries received for each applicable Entry Period.
- Prizes and Values. The prizes to be awarded in this Sweepstakes as follows:
“Grand Prize” : One (1) ocean view cabin for one (1) winner and one (1) travel guest (double occupancy accommodations) on a 3, 4, or 7-day cruise onboard either a Carnival Cruise Line, Princess Cruises or Holland America Line cruise ship departing from and return to a United States port per year for each calendar year for the remainder of winner’s life. Prize consists of cruise fare only. Winner and travel guest are responsible for transportation to and from the port of departure and arrival, applicable taxes, fees and port expenses, gratuities and any and all other expenses incurred in connection with the cruise, including, without limitation, all excursion fees, specialty restaurant fees, travel insurance, bag check fees, parking fees, laundry service, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules. Grand Prize is valid for the remainder of the winner’s life, except that, if winner fails to take a cruise during any calendar year, such right to a cruise will be forfeited in its entirety for such year. Winner may not roll over any annual cruise and prize is non-transferable upon death of the Grand Prize winner. Also, to the extent that Sponsor is involved in a change of control transaction, Sponsor reserves the right, in its sole discretion to buy-out the remainder of Grand Prize winner’s cruise lifetime cruise rights for a one (1) time payment of Fifteen Thousand Dollars ($15,000). To the extent the Sponsor ever declares bankruptcy or otherwise ceases operation of its cruise business, the Grand Prize Winner forfeits his/her right to continue to receive the cruise for the remainder of his/her life.
The Approximate Retail Value (“ARV”) of the Grand Prize is $122,500. The ARV for the Grand Prize was calculated based on a twenty-one (21) year old winner with a life expectancy of seventy (70) years. However, the actual value of the Grand Prize will be based on the actual number of years the Grand Prize winner lives after winning the Grand Prize. Each individual yearly cruise offered as part of the Grand Prize has a value of up to $2,500. Actual ARV of each annual cruise will vary based upon itinerary, the cruise line selected, seasonal rates and date of sailing. The total ARV of the Grand Prize will ultimately depend on the lifespan of the winner. Any difference between stated and actual ARV will not be awarded.
“Runner-up Prize” : One (1) ocean view cabin for one (1) winner and one (1) travel guest (double occupancy accommodations) on a 3, 4, or 7-day cruise onboard either a Carnival Cruise Line, Princess Cruises or Holland America Line cruise ship departing from and return to a United States port per year for five (5) consecutive years from 2017-2021. Prize consists of cruise fare only. Winner and travel guest are responsible for transportation to and from the port of departure and arrival, applicable taxes, fees and port expenses, gratuities and any and all other expenses incurred in connection with the cruise, including, without limitation, all excursion fees, specialty restaurant fees, travel insurance, bag check fees, parking fees, laundry service, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules. Runner-up Prize is valid for one cruise every year for the next five (5) years, except that, if winner fails to take a cruise during any calendar year, such right to a cruise will be forfeited in its entirety for such year. Winner may not roll over any annual cruise.
The ARV of the Runner-up Prize is $12,500. Each individual yearly cruise has a value of up to $2,500. Actual ARV of each annual cruise will vary based upon itinerary, the cruise line selected, seasonal rates and date of sailing. Any difference between stated and actual ARV will not be awarded.
“Weekly Prize” : One (1) ocean view cabin for one (1) winner and one (1) travel guest (double occupancy accommodations) on a 3, 4, or 7-day cruise onboard either a Carnival Cruise Line, Princess Cruises or Holland America Line cruise ship departing from and return to a United States port. Prize consists of cruise fare only. Winner and travel guest are responsible for transportation to and from the port of departure and arrival, applicable taxes, fees and port expenses, gratuities and any and all other expenses incurred in connection with the cruise, including, without limitation, all excursion fees, specialty restaurant fees, travel insurance, bag check fees, parking fees, laundry service, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules.
The ARV of each Weekly Entry Period Prize is $2,500.
Terms Applicable To Each Cruise Prize Described above: The prizes do not include transportation for winner and guest to/from the cruise port of call selected by each winner and winner’s home. Each winner is solely responsible for all costs and expenses associated with transportation to/from the port of call for both winner and guest. Travel guests must (or travel guests’ parent or legal guardian if a travel guest is an eligible minor in his/her state/province of residence) sign and return a travel/publicity release before any ticketing of travel occurs. Winners and travel guests must: (i) have all necessary identification and/or travel documents (including, but not limited to, a valid passport or other document) required for travel; and (ii) comply with all check-in requirements, including, but not limited to, the presentation of a major credit card. No cash redemptions. Travel guests must travel on the same itinerary as cruise prize winner. Any portion of the cruise prize not accepted by a winner will be forfeited, and Sponsor shall not be responsible for any inability of a winner to accept or use any portion of the cruise prize for any reason. Sponsor does not guarantee the cruise prize will be available on the exact sailing dates requested by a winner. Other limitations and restrictions may apply. Date confirmation is subject to stateroom availability and other factors. Cruise prize is non-transferable, cannot be substituted (except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value), and may not be sold or combined with any other offer. Cruise prize winners must notify Sponsor of desired dates of travel pursuant to these Official Rules, by no later than thirty (30) days prior to the date of departure of the desired cruise sailing. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. Any cancellations of the sailing will result in forfeiture of the cruise prize. Cruise prize consists of cruise fare only. All expenses and incidental costs not expressly stated herein, including, but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airfare, airline fees, surcharges, airport fees, service charges or facility charges, pre and post-voyage accommodations, personal charges at lodging, fees, taxes, port expenses, onboard expenses, premium dining, spa treatments, alcoholic beverages and soft drinks, shore excursions, incidental costs, or other expenses are the responsibility solely of cruise prize winners and travel guests. No “Vacation Guarantee” or similar type offer shall apply to the cruise prize. Cruise prize is subject to the terms and conditions set forth in these Official Rules and those set forth and detailed in cruise line’s passenger ticket contract (for Carnival Cruise Line found here: http://www.carnival.com/about-carnival/legal-notice/ticket-contract.aspx, for Princess Cruises found here: http://www.princess.com/legal/passage_contract/pcl.html and for Holland America Line found here: https://www.hollandamerica.com/legalAndPrivacy/Main.action). No stateroom upgrades or downgrades shall be permitted. No refund, credit, or compensation will be made in the event of the cancellation or delay of any flight or ground transportation. Infants accompanying an adult on the cruise must be at least six (6) months of age. At least one individual on the cruise must be twenty-one (21) years of age. Cruise is subject to all carrier restrictions, requirements, rules, regulations, policies, service charges, blackout dates, advance ticketing requirements, capacity controls, availability and other restrictions. It is the cruise prize winner’s sole responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary identification (including photograph) at the time of travel. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Travel is subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused prize element will be forfeited by and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay. In the event a winner and/or his or her travel guest engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner and/or his or her travel guests home with no further compensation. Unused components of the prize have no redeemable cash value. Sponsor reserves the right to substitute any prize for one of equal or greater value. Winners may not request prize substitution.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize) will be awarded. In the event that 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, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit one (1) prize per person for the Sweepstakes Period. The total ARV of all of the prizes awarded in this Sweepstakes is One Hundred Seventy Thousand Dollars (170,000). Sponsor is not responsible for and winners will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.
- Publicity Release. Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
- Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SWEEPSTAKES WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities, NBCUniversal Media, LLC and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) other than Sponsor’s own personnel, equipment and operation of its cruise business, maintain no control over the personnel, equipment or operation of any air, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.
- Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Miami-Dade County, Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Miami-Dade County, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Miami-Dade County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- List of Sweepstakes Winners. To receive a list of winners, send a stamped self-addressed envelope to: “Carnival Corporation 2017 Charity Challenge Sweepstakes Winners List”, 3655 NW 87th Avenue, Miami, Florida 33178, Attn: Group Marketing. Requests must be received by April 30, 2017.
- Sponsor. This Sweepstakes is sponsored by Carnival Corporation, 3655 NW 87th Avenue Miami, FL 33178. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. Finnmax LLC and JMBP, LLC are not sponsors of the Sweepstakes and are not affiliated with the Sweepstakes in any way. “The Celebrity Apprentice” and all related logos and slogans TM and © JMBP, LLC. NBCUniversal Media, LLC is not a Sponsor of the Sweepstakes and is not associated with the administration of the Sweepstakes in any way.
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