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Please read the waivers, terms & conditions. By checking this box I have read and agree to all waivers, terms & conditions associated with this offer.
Missouri.vacations, LLC Getaway Giveaway Terms and Conditions Missouri.vacations, LLC "Getaway Giveaway" OFFICIAL RULES THIS PROMOTION IS OFFERED ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (excluding New York and Rhode Island) WHO ARE 25 YEARS OF AGE OR OLDER AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF MISSOURI. NO PURCHASE NECESSARY. TOUR PARTICIPATION IS NOT REQUIRED. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING SALES OF VACATION OWNERSHIP INTERESTS AND ANY NAMES, ADDRESSES, EMAIL ADDRESSES, TELEPHONE AND FAX NUMBERS ACQUIRED IN CONNECTION WITH THIS OFFER MAY BE USED FOR THAT PURPOSE. 1. TO ENTER: The Getaway Giveaway begins February 26, 2017 and ends March 25, 2017. Official Contest Rules are on display at Missouri.vacations or at any point of registration. An individual may enter this drawing by going to Missouri.vacations and completing an online entry form, prior to the giveaway end date. An individual may also request a copy of the entry form by contacting Missouri.vacations headquarters at the address or phone number listed below, completing the entry form, and mailing the completed form to the address below, prior to the Getaway Giveaway end date. By completing and signing the entry form, the entrant will be entered in the giveaway drawing to be conducted as described below prior to the giveaway end date. All information on the entry form must be complete and legible to be eligible. All valid entries must be received no later than seven (7) days prior to the drawing date (as defined herein) to be eligible to participate in said drawing(s). No mechanically or other form of reproduced entries allowed. Missouri.vacations (“Sponsor”) is not responsible for incomplete, lost, late, stolen, misdirected, damaged, or illegible entries, or for address changes of entrants. All entries become the property of Sponsor and will not be returned. 2. ELIGIBILITY: To be eligible to participate in the Getaway Giveaway, participants must be 25 years of age or older, have a valid driver’s license, and be a legal resident of the United States, excluding residents of New York and Rhode Island. Employees or independent contractors of Missouri.vacations, its affiliated or subsidiary companies, and each of their respective officers, directors, partners, managers, members, employees, agents, advertising/promotional agencies of Missouri.vacations or its affiliates of subsidiaries, as well as members of the immediate families of each of the foregoing are not eligible. Participation in this giveaway is void where prohibited. Grand prizes are guaranteed to be given away after a random drawing from the valid entries to be conducted by the Sponsor at a Missouri.vacations office, with the drawing occurring on or about March 25, 2017. Limit one entry per household. 3. GRAND PRIZE AND ODDS OF WINNING: There is a maximum one (1) Getaway Giveaways that may be awarded through the duration of this promotion. The Getaway Giveaway has the verifiable retail value of up to $160.00. Each Getaway Giveaway is good for accommodations for three (3) days and two (2) nights for a maximum of four (4) adults at a preferred partner hotel. The odds of winning the Getaway Giveaway will be dependent upon the total number of entries. Purchases do not increase the odds of winning and are not required. Prize is not transferable or assignable. For a list containing the name of the winner(s), send a stamped, self-addressed envelope, postmarked within 14 days following the drawing date, and to be received within 30 days of the drawing date, to Sponsor at its principal place of business listed below. Said list will not disclose any personally identifiable, non-public information about the winner. 4. COSTS AND CONDITIONS ASSOCIATED WITH USE OF THE PRIZE: Missouri.vacations is not responsible for any taxes or fees associated with winning. Missouri.vacations is not responsible for costs associated with transportation to and from the destination or any other incidental costs associated with the Getaway Giveaway (including but not limited to the cost of food or drink, parking fees, gratuities, and activity fees), or any other fee or cost associated with the giveaway other than the initial cost of the accommodations. The winner of the Getaway Giveaway must pay the costs listed above in order to use the prize. The winner must also meet additional conditions, which include but are not limited to providing 30 days advanced notice to process the reservation request, booking reservation dates within 12 months, and commencing travel within 18 months of the date the voucher is issued. The ability to make reservations is based on availability, which may be limited during major holidays. 5. NOTICE OF WINNING AND DELIVERY OF PRIZE: Winners will be notified by telephone. The Getaway Giveaway will be redeemable by the winner within 5 (five) days of being notified of winning. Any item required to redeem the Getaway Giveaway will be delivered to the winner within 10 (ten) days of the Sponsor representing that they have won the Getaway Giveaway. Sponsor will effect delivery by sending any such document via certified mail to the address provided on the winner’s entry form or via email to the email address listed on the winner’s entry form. 6. GENERAL: The verifiable retail value of each Getaway Giveaway is up to $160.00. Entry in the giveaway constitutes entrant’s full and unconditional agreement to and acceptance of the Getaway Giveaway Terms and Conditions. The completion and signing of the entry form by any method described above will constitute the entrant’s express written authorization for Missouri.vacations, LLC to call him or her using a manual phone, cellular phone, or an automatic telephone dialing system or prerecorded voice, to send him or her recorded messages or texts, and/or to send him or her emails about its products, services, or promotions (including the present promotion) using automated technology to his or her telephone/cellular number(s) and/or email address(s) provided above. By signing the entry form, entrant is further attesting that he or she understands (1) that he or she is not required to give his or her consent as a condition of any purchase and (2) that his or her mobile phone service provider may charge him or her fees for calls and text messages sent and that Sponsor has no liability for the cost of such calls or text messages. Should entrant desire not to be contacted via telephone, he or she may contact the Sponsor at (417)-689-2734 or email@example.com and ask to be added to Sponsor’s DNC list. Winners agree that their names and/or photographs or likenesses may be used in future marketing or advertising promotions without further compensation. Entries may be electronically data based. Entrants agree that the Sponsor, their affiliated or subsidiary companies, and each of their respective officers, directors, partners, managers, shareholders, members, employees, agents or other representatives of any kind shall not be responsible or liable for damages or losses of any kind arising out of or resulting from entry in the Sweepstakes, acceptance or use of the Prize, or any other matter related to the Sweepstakes, including, without limitation, claims based on property damage, personal injury and/or death, publicity rights, defamation or invasion of privacy. All applicable federal, state and local laws and regulations apply. Missouri.vacations, LLC P.O. Box 958 Nixa, MO 65714 417-689-2734 Getaway Giveaway Entry Agreement NO PURCHASE NECESSARY. PURCHASES WILL NOT INCREASE CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. COMPLETING THE ENTRY FORM AND SIGNING THE AGREEMENT BELOW WILL ENTER YOU IN THE ABOVE REFERENCED SWEEPSTAKES FOR A CHANCE TO WIN ONE OF THREE (3) GETAWAY GIVEAWAYS, EACH HAVING A VERIFIABLE RETAIL VALUE OF UP TO $160.00. MUST BE 25 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF THE UNITED STATES (EXCLUDING NEW YORK AND RHODE ISLAND) TO ENTER. ONE ENTRY PER HOUSEHOLD. By typing my name above and pressing submit, I acknowledge and agree that: 1. I am signing this Agreement electronically and that my electronic signature (“e-signature”) is the equivalent of my written signature. I further agree that no certification authority or other third party verification is necessary to validate my e-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of this Agreement. My consent to use electronic means applies only to my entry into the “Win a Missouri.vacation sponsored Vacation” (“Sweepstakes”). 2. I have been advised and understand that I have the right to have a paper copy or other non-electronic copy of this Agreement provided to me at no expense to me. A paper copy of this Agreement can be obtained by contacting Missouri.vacations, LLC (“Sponsor”) at (417) 689-2734. 3. I have been advised and understand that I have the right to withdraw my consent to use electronic means by contacting Sponsor at (417) 689-2734. I acknowledged that my electronic entry into the Sweepstakes will be canceled should I withdraw my consent to use electronic means. Upon the cancelation of my electronic entry, I will have the opportunity to request a paper copy of the entry form and this Agreement by contacting Sponsor’s headquarters at (417) 689-2734 or P.O. Box 958 Nixa, MO 65714; completing the entry form and signing this Agreement; and mailing the completed forms to the address listed above, prior to the Sweepstakes end date. 4. I am responsible for ensuring that my computer hardware and software meets the minimum requirements necessary to enter the Sweepstakes through any online or computer based method described in the Getaway Giveaway Terms and Conditions. The following are the minimum hardware, software, and operating system requirements necessary to enter the Sweepstakes via any online or computer based method: • PC or Mac computer with keyboard & mouse • Internet connection at least 2 MB per second • Screen with at least 1024 by 800 pixels • At least one of the following Browsers: Internet Explorer version 9 to current, Fire Fox 10 to current or Chrome 15 to current • At least 512 MB of RAM • At least 5 MB of available hard drive space I agree that Sponsor is not responsible for errors or failures from any malfunction of my computer, browser, or software, and that Sponsor is not responsible for computer viruses or related problems associated with use of an online system. 5. I am a legal resident of the United States, I am 25 years of age or older, and I do not live in New York or Rhode Island. 6. I am not an officer, director, partner, manager, member, employee, independent contractor, agent, or advertising/promotional agency of Sponsor, its affiliate or subsidiary companies, nor am I the immediate family member (spouse, mother, father, sister, brother, daughter, or son) or member of the same household (whether related or not) of any of the foregoing, and I have not participated in the Sweepstakes on behalf of any such officer, director, partner, manager, member, employee, independent contractor, agent, or advertising/promotional agency. 7. I have read, have complied with, and will continue to comply with all the rules, regulations, terms, and conditions set forth in the Getaway Giveaway Terms and Conditions; all of the information I have provided and will provide to Sponsor has been and will be true, accurate, and complete; I have not perpetrated and will not perpetrate any fraud or deception in connection with the Sweepstakes; and I have not sought to influence the outcome of the Sweepstakes other than by participating in the Sweepstakes as expressly permitted in the Getaway Giveaway Terms and Conditions. 8. I understand that, in the event I am awarded one of the Getaway Giveaways, Sponsor or its agents may be required to advise the United States Internal Revenue Service of the value of the Getaway Giveaway in the form of a 1099. 9. In the event I am awarded one of the Getaway Giveaways, I will provide Sponsor or its agents with all information requested in order to effectuate delivery of the prize within the 10 day time frame set forth in the Getaway Giveaway Terms and Conditions, including but not limited to, providing Sponsor with a completed W9 form. 10. I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH ME, HEREBY RELEASE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS SPONSOR AND ALL OF ITS REPSPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND ADVISORS (COLLECTIVELY “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, AND LIABILITIES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RESULTING FROM MY ENTRY IN THE SWEEPSTAKES, MY ACCEPTANCE OR USE OF THE PRIZE, OR ANY OTHER MATTER RELATED TO THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, PRIVACY RIGHTS, PERSONALITY RIGHTS, “MORAL RIGHTS,” OR DEFAMATION, AND ANY AND ALL TAXES LEVIED, ASSESSED OR COLLECTED WHETHER CAUSED BY, CONTRIBUTED TO, ARISING OUT OF, OR OTHERWISE RELATED TO THE SWEEPSTAKES, THE GRAND PRIZE, OR MY POSSESSION, ACCEPTANCE, USE, OR MISUSE THEREOF, OR MY OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH. 11. I have been given a full opportunity to review and analyze all provisions in this Agreement as well as the promotions in the Getaway Giveaway Terms and Conditions. I fully and completely understand all of the terms of this Agreement and sign it voluntarily, freely, and knowingly. I acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the Released Parties, and that no action will be taken by or on behalf of the undersigned with respect to any such claims or rights, it being understood that this release shall be binding upon my heirs, executors or administrators, and anyone claiming by or through me. 12. I hereby expressly give consent to Missouri.vacations, LLC, a Missouri Limited Liability Company, to send marketing calls and/or text messages using an automatic telephone dialing system or prerecorded voice and/or to send me emails about their products using automated technology to my telephone/cellular number(s) and/or email address provided above. I understand that my mobile phone service provider may charge me fees for calls and text messages sent, and I agree that the Missouri.vacations, LLC shall have no liability for the cost of such text messages I understand that I am not required to give my consent as a condition of any purchase. 13. I give Sponsor and its subsidiaries/affiliates the express written permission to contact me using the contact information provided above in regards to its products, services, or any promotions of Sponsor or its respective subsidiaries/affiliates, including the present promotion, in accordance with all applicable federal, state, and local laws and regulations. I understand this permission overrides my listing on any state and/or federal do not call or do not contact list (collectively “DNC” list). Specifically, I give Sponsor and its respective subsidiaries/affiliates permission to call my wireless number if such number is herein provided. I can opt out of future contacts at any time by requesting to be placed on the company DNC list by calling (417) 689-2734 or sending an email to firstname.lastname@example.org. 14. In the event I am awarded one of the Getaway Giveaways, I irrevocably grant to Sponsor, and those acting with its authority, the unrestricted, absolute, perpetual, worldwide right and license to use my name, address, photograph, likeness, voice, biographical and personal background information, statements, and Sweepstakes entry, and without limitation, any notes, photograph, film, or video or audio tape that may be taken of me or of such materials (collectively the “Content”) without further compensation, consideration, or notice or permission to me or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast (publicly or otherwise), or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, graphics, and video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser, or optical-based media), in connection with Sponsor (or its designee)’s advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials. 15. I have and will continue to have all rights and licenses necessary to grant to Sponsor the full and unrestricted enjoyment of the rights and licenses granted under Section 14. I further acknowledge and agree that neither Sponsor nor anyone acting with its authority shall be obligated to exercise any of the rights or licenses granted under Section 14. 16. I acknowledge and agree that the Sweepstakes, this Agreement, and the parties’ respective rights and obligations in connection therewith, shall be governed and construed under the laws of the State of Missouri, without application to its conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement shall be submitted to final and binding arbitration, to be held in the City of Springfield, Missouri under the prevailing rules of the American Arbitration Association. Either party may, in order to initiate such proceedings, serve upon the other a written notice stating that such party desires to have the controversy, disagreement or dispute reviewed by an arbitrator. Any party hereto shall be entitled to cause judgment on the decision or award of the arbitrator(s) to be entered by any court of competent jurisdiction. The parties shall share the expense of the arbitrator equally. The decision and award of the arbitrator so selected shall be binding upon both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this paragraph shall affect either party’s ability to seek injunctive or equitable relief from a court at any time. 17. I hereby represent and warrant that all statements made by me in this Agreement are true, accurate, and complete, and I hereby indemnify the Released Parties from and against any and all losses or damages (including attorneys’ fees) arising out of or relating to any statements or representations made by me in this Agreement or otherwise in connection with the Sweepstakes. I agree to return immediately, upon demand, to Sponsor the value of the prize that may be awarded to me if any statement or representation made by me in this Agreement is discovered or believed to be false or misleading, and I acknowledge and agree that all available legal and equitable remedies may be pursued in connection therewith. 18. I acknowledged that any conditions, requirements, or contest provisions contained in the Getaway Giveaway Terms and Conditions, to the extent that they are not expressly stated in this Agreement, are incorporated by reference and fully enforceable by either party. I expressly consent to comply with all conditions, requirements, and provisions contained in both the Getaway Giveaway Terms and Conditions and this Agreement. 19. I represent and affirm that this this Agreement does not conflict with any other commitments or obligations on my part. I agree that this Agreement supersedes all prior negotiations and understandings between myself and Sponsor relating to the rights granted herein and no provision of this Agreement can be modified by any other instrument or document unless in writing and signed by me and Sponsor. The fact that any instrument or document modifying this Agreement is in electronic form or that the parties signed the documents electronically shall not invalidate any modification Agreement between myself and Sponsor. 20. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. I have been given a full opportunity to review and analyze this Agreement as well as the promotions in the Getaway Giveaway Terms and Conditions. I fully and completely understand all of the terms of this Agreement and sign it voluntarily, freely, and knowingly.
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