Terms & Conditions
GO OVERSEAS CONTEST TERMS AND CONDITIONS
Welcome to Go Overseas Contest Terms and Conditions. NO PURCHASE IS NECESSARY TO ENTER OR WIN. PLEASE BE AWARE THAT A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS WITHIN THIS DOCUMENT THAT MAY AFFECT YOUR RIGHTS. VOID OUTSIDE THE U.S AND WHERE PROHIBITED. VOID IN THE STATE OF RHODE ISLAND.
Throughout this Agreement, the words “Go Overseas,” “us,” “we,” and “our,” refer to, Go Overseas, Inc., the Sponsor of this Contest. Throughout this Agreement, the Go Overseas website and any services offered will be referred to as the “Platform.” You (“you” or “your” or “User(s)”) shall refer to you, the party who is agreeing to this Agreement. “Contest Page” shall refer to the URL: https://www.gooverseas.com/scholarships/australian-outback that explains Contest prizes, details, and information.
The Contest is sponsored by Go Overseas, Inc., 2040 Bancroft Way, Suite 200, Berkeley, CA 94704 USA (“Sponsor”); email: [email protected] If you have any comments, concerns, questions, and complaints please contact us at the address or email listed above.
The Contest will be run between May 28th, 2019 and June 28th, 2019 (“Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest. New entries will not be accepted after the end of the Contest Period. At the end of the Contest Period, potential winners meeting the Sponsor’s judgment criteria shall be contacted (“Potential Winners”) no later than thirty (30) days after the Contest Period.
The Contest Period begins at 12:00:00 AM United States Pacific Time on May 28th, 2019 and ends at 11:59:59 PM United States Pacific Time on June 28th, 2019.
This Contest is open to legal U.S. residents of the 50 United States or DC except Rhode Island who are 18 years of age or older. Rhode Island residents are eligible for the additional scholarships offered by providers and institutions. Officers, directors, employees and agents (and their immediate families or household members) of Sponsor, and its respective Affiliated Companies, agencies, and authorized dealers are not permitted to enter the Contests. “Affiliated Company” (or its plural) shall mean any company participating, providing, or giving away a Prize in this Contest including but not limited to Territory Expeditions, Intrepid, AAT Kings, Wayoutback, SEIT Outback Adventures, and Tourism NT. The officers, directors, employees and agents (and their immediate families or household members) of an Affiliated Company may not participate in the Contest. The Contest is governed by U.S. law, is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law.
HOW TO ENTER.
TERMS OF SUBMITTING A USER ENTRY AND WINNER SELECTION CRITERIA
The User shall be required to properly fill out all sections on the user entry application page (“User Entry”) and submit the required documentation. In addition, the User must do the following:
- Provide truthful and accurate information regarding the User and submit only one entry.
- Choose up to three (3) tour options as listed in the “Tours Available” section.
Only one User Entry is permitted per User. User Entries improperly submitted or submitted after the Contest Period will not be considered. Sponsor has final discretion in determining whether User Entries were submitted in a proper and timely manner. By entering, User warrants that the User Entry and all elements thereof satisfy any content guidelines set forth within this Agreement. Additionally, the User warrants that the elements comprising the User Entry:
- 5.1 are the original work of the User;
- 5.2 to the User's best knowledge, have not previously been published or won an award or prize of any kind;
- 5.3 do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
- 5.4 are not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the User Entry or elements therein;
- 5.5 have obtained all permissions required to submit the User Entry and can provide such permissions using forms that will be provided by Sponsor; and
- 5.6 do not contain any content that is likely to be considered offensive by Sponsor or could reflect negatively the name, reputation, or goodwill of the Sponsor and/or its affiliates.
Once the Contest Period has closed Go Overseas shall appoint a panel to judge the User Entries. The User Entries will be judged by the following criteria:
- Completeness of User Entry.
Go Overseas reserves the sole discretion in judging and appointing any winners for the Contest.
USER ENTRY RESTRICTIONS
User Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, and must not:
- 6.1 include any trademarks, logos, or copyrighted materials not owned by User or used without the relevant owner's express written permission (such as people's names, faces, etc.);
- 6.2 use any individuals' full names, in whole or in part without permission in a form acceptable to Sponsor;
- 6.3 contain objectionable content;
- 6.4 defame, misrepresent, reference public figures, or contain disparaging remarks about other people or companies , including, but not limited to Sponsor;
- 6.5 make threats of any kind or intimidate, harass, or bully anyone;
- 6.7 contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission; or
- 6.8 violate any local, state, provincial, territorial, national or international law or post any content that would encourage or provide instructions for a criminal offense and be contrary to the public orders of the designated countries.
OBJECTIONABLE CONTENT AND ITS REMOVAL
GO OVERSEAS HAS NO TOLERANCE FOR THE SUBMISSION OF ANY USER ENTRIES THAT DISPLAY OBJECTIONABLE CONTENT ON THE PLATFORM. Any Objectionable Content (defined below) will be immediately removed from the Contest Entry and the submitting User may be removed from the Contest. “Objectionable Content” is defined as, content that:
- 7.1 is not up to community standards, is illegal, or otherwise harmful;
- 7.2 defames, misrepresents, references a public figure, or contains disparaging remarks about other people or companies;
- 7.3 makes threat of any kind or intimidates, harasses, or bullies anyone;
- 7.4 is in Go Overseas’ sole discretion deemed to be objectionable.
Please be aware that Go Overseas has the sole and ultimate discretion in deciding what constitutes Objectionable Content.
RELATIONSHIP BETWEEN USER AND SPONSOR
Each User hereby acknowledges and agrees that the relationship between the User and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the User's decision to provide content to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the participation in the Contest, other than as set forth in this Agreement.
LICENSE AND TRANSFER
Each User acknowledges and agrees that such User will not be entitled to any compensation as a result of Sponsor's use of any User Entry submitted, selected, and/or used in the Contest. By submitting a User Entry, and to the extent allowed by law, User grants Sponsor, the Affiliated Companies, and their assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of the User Entry through any medium currently invented or invented in the future. This license allows us to use your User Entry without the requirement to make payment to you or any third party or the need to seek your or any third party’s permission. This license includes the right to host, index, cache, distribute, and tag any User Entry. Go Overseas may do any or all of the foregoing for any purpose necessary or relating to the Platform, its services, products or advertising.
Users hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with any User Entries.
Each User acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, with respect to the infringement or protection of the User Entry. Finally, each User acknowledges that, with respect to any claim by User relating to or arising out of any Sponsor's actual or alleged exploitation or use of any User Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable User will not be irreparable or otherwise sufficient to entitle such User to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the User Entry, and User's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. The Contest is subject to all applicable federal, state and local, provincial and international laws and regulations.
WINNER SELECTION AND NOTIFICATION.
At the end of the Contest Period, Sponsor will select potential winners (the “Potential Winner(s)”) based on the judgment criteria listed above. There will be a total number of one (1) Potential Winner.
Sponsor reserves the right to not choose any User Entries during from the Contest Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified User Entries as outlined in this Agreement. Although Sponsor selects the Potential Winners of the Contest, Sponsor is in no way obligated to use the Potential Winners' User Entry in any advertising material. The Sponsor's decisions are final and binding in all matters relating to this Contest.
After the Potential Winner is selected, they shall be contacted through the email listed in their Go Overseas account or via the Platform. The Potential Winner must respond via the instructions provided by the email within 48 hours of the notification attempt. If potential Winner cannot be contacted, does not respond within 48 hours from the time the Sponsor first tries to notify potential Winner, and/or if the prize notification is returned as undeliverable, such Potential Winner will forfeit all rights to win the Contest or receive the prize. If so, an alternate Potential Winner may be selected at the Sponsor’s discretion.
If a Potential Winner responds in a timely and proper manner, the Potential Winner may be asked to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail or email per instructions to be provided) to Sponsor or its Affiliated Companies within seven (7) days of notification: (1) a Potential Winner Copyright Transfer Agreement/Photo Release; (2) an Affidavit/Declaration of Eligibility and Liability Waiver; (3) IRS W9 Tax Form and (4) where lawful, a Publicity Release. If any documents sent by any means are returned as undeliverable or if a contacted Potential Winner fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with this Agreement, the Potential Winner and associated User Entry will not be considered and no prizes will be issued to the Potential Winner. If a Potential Winner fulfills all the requirements listed in this Agreement in a timely manner, the Potential Winner shall be deemed a “Prize Winner” and be awarded any Prizes that he or she may be eligible for.
A total of one (1) grand prize shall be awarded (“Grand Prize”). The Grand Prize description is listed below:
10-Day Trip in the Northern Territory with Wayoutback Australian Safaris.
Blackout dates: July 1st – August 15th
Prizes may be subject to additional requirements, and terms and conditions of the Affiliated Company giving away the Prize.
TRANSFER FEES AND TAXES OF PRIZES
Sponsor shall be solely responsible for arranging the transfer of prizes to a Potential Winner(s) after the verification and execution of relevant releases and agreements. Please contact Sponsor for any issues related to the receipt of any prizes. Additionally, Potential Winner understands that he or she may be required to submit additional information and may be required to cooperate with the third parties giving away the prizes to receive any Prize listed.
Sponsor is not responsible for any taxes, fees or governmental expenses associated with any prizes awarded for this Contest. All users receiving prizes agree that they will pay any applicable local, state, and federal taxes associated with their prizes.
ODDS OF WINNING.
The odds of winning depend on the number of eligible Users participating in the Contest. As this is a skill based contest dependent on judging, odds will depend on the number of User Entries submitted.
NO PRIZE TRANSFER OR SUBSTITUTION.
Any portion of the prize that is not used is forfeited. There will be no prize substitution, except Sponsor may substitute prize of equal or greater value if prize offered becomes unavailable for any reason. If Sponsor offers any non-cash prizes, such prizes will not be redeemable for cash.
Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest as determined by Sponsor in its sole discretion. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; (iii) any injury or damage to Users or any other persons computer related to or resulting from participating in the Contest; or (iv) any injury to any person or property suffered by Users or any third parties as a result of participating in the Contest. Sponsor reserves the right to permanently disqualify from this Contest any User it believes to be tampering with the entry process or the operation of the Contest, falsifying personal information required during User registration or the claiming of any prize or otherwise to be acting in violation of these Agreements. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The forfeiture of the prize or any other prizes shall in no way prevent Sponsor from pursuing other avenues of recourse. Sponsor’s failure to enforce any term of this Agreement shall not constitute a waiver of that provision.
By accepting or participating in the Contest, each User irrevocably consents to the use of such Users name, photo, persona, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, related social media information, and statements relating to the Contest or Sponsor, without further compensation, in all world-wide marketing and publicity carried out in perpetuity by any Sponsor or any Affiliate Companies in connection with this Contest. Furthermore, Potential Winners agree that they may be required to sign a Publicity Release before receiving any Prizes.
DISCLAIMERS AND RELEASE OF LIABILITY
USERS HEREBY ACKNOWLEDGE THAT SPONSOR OR THE AFFILIATED COMPANIES HAS NEITHER MADE OR IS RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE), IN FACT OR IN LAW, RELATIVE TO ANY PRIZE. WITHOUT LIMITING THE FOREGOING, THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPONSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE CONTESTS WILL MEET YOUR REQUIREMENTS; (B) THE CONTEST WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) ANY ERRORS IN THE PLATFORM, CONTEST, OR SERVICE WILL BE CORRECTED.
BY PARTICIPATING IN THIS CONTEST, USERS AGREE TO RELEASE, SPONSOR, ITS OFFICER, DIRECTORS AND EMPLOYEES, ITS AFFILIATE COMPANIES FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT INCLUDING ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM OR IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE OR WITH PARTICIPATION IN THIS CONTEST. BY ACCEPTING THE PRIZE, THE PRIZE WINNER AGREES TO RELEASE THE SPONSOR AND THE AFFILIATED COMPANIES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND CAUSED BY ENTERING THE PROMOTION OR FOR DAMAGES OF ANY KIND CAUSED BY ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE/MISUSE OF PRIZE AWARDED. USERS FURTHER AGREE THAT WE ARE NOT RESPONSIBLE FOR THE FOLLOWING:
- 17.1 electronic transmissions that are lost, late, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason;
- 17.2 any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of User Entries or related materials, or for destruction of or unauthorized access to, or alteration of, User Entry or related material;
- 17.3 failed or unavailable hardware, network, software or telephone transmissions, damage to User’s or any person's computer and/or its contents related to or resulting from participation in this Contest, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest;
- 17.4 any User Entries submitted in a manner that is not expressly allowed under this Agreement (all such User Entries will be disqualified);
- 17.5 printing errors in this Agreement or in any advertisements or correspondence in connection with this Contest; or
- 17.6 cheating or fraud by any participant. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should virus, bugs, fraud or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
WHERE A TOTAL LIMITATION OF LIABILITY IS NOT PERMITTED, USERS AGREE THAT UNDER NO CIRCUMSTANCES WILL GO OVERSEAS BE LIABLE TO ANY USERS FOR AN AMOUNT GREATER THAN $100, AS A RESULT OF ANY DISPUTE OR CLAIM LODGED BY USERS REGARDING THIS CONTEST.
Users acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms and that they have been taken into account in the decision by Sponsor to offer the Contest. All User’s rights, obligations and responsibilities are strictly personal to the User and may not be assigned under any circumstances.
Each party is solely responsible for any filing fees to commence arbitration and any costs to attend the arbitration hearing that shall take place in Alameda County, CA.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive the discontinuation, cancellation or suspension of use of our Platform and the Contest. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
FORUM OF DISPUTE
Any dispute arising from or relating to this Agreement not covered by the Arbitration clause will be heard solely by a court of competent jurisdiction in or nearest to Alameda County, CA. Additionally, you agree that (a) these disputes, claims and causes of action shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Contest and the maximum allowed by this Agreement but in no event attorneys' fees; and (c) to the extent allowed by applicable law, under no circumstances will Users be permitted to obtain awards for, and users hereby waive, all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, Users' rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
User agrees to defend, indemnify and hold harmless Sponsor, the Affiliated Companies, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User’s participation in the Contest and User’s access to the Platform or use of any Prizes awarded.
In the event that a provision of the Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of the Agreement are deemed to conflict with each other’s operation, Sponsor shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of the Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
USE OF DATA AND INFORMATION
Sponsor will also share this information with all Affiliated Companies. By participating in the Contest and providing this information, entrants hereby agree to such sharing and use by the Affiliated Companies and acknowledge that they have read and accepted all parties’ Privacy Policies. Users agree to Sponsor’s collection, usage and sharing of their personal information and acknowledge that they have read and accepted the Affiliated Companies’ Privacy Policies.