Shipload of Love
Official Contest Rules
VIRGIN VOYAGES SHIPLOAD OF LOVE CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN QUEBEC, PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SPONSOR/PROMOTER: The sponsor and promoter of the Virgin Voyages Shipload of Love Contest (“Contest”) is Virgin Cruises Intermediate Limited located at 1000 South Pine Island Road, Suite 600, Plantation, FL 33324 USA (“Sponsor” or “Promoter”).
ADMINISTRATOR: The administrator of the Contest is Encore Worldwide, 3080 Northfield Place, Suite 116, Roswell, GA 30076 USA (“Administrator”).
ELIGIBILITY: An “Entrant” (the individual who nominates someone) must be a legal resident of Canada (excluding Quebec), the United Kingdom (England, Scotland and Wales only), one of the fifty (50) United States or the District of Columbia, and be twenty-one (21) years of age or older at the time of entry. A “Nominee” must be a legal resident of Canada (excluding Quebec), the United Kingdom (England, Scotland and Wales only), one of the fifty (50) United States or the District of Columbia, and be twenty-one (21) years of age or older at the time of nomination. Entrants may not nominate themselves. Nominee must be one (1) individual person and may not be a group of people, an organization or a company. Only eligible Nominees will be eligible to win a prize, though a narrow exception exists; see below in this paragraph. Contest may only be entered from and in eligible jurisdictions. Officers, directors, and employees of Sponsor and Administrator prize providers, and each of their respective parents, subsidiaries and affiliated companies, employees, agents and suppliers, including but not limited to Pixlee, Inc. (“Pixlee” or “Contest Application”) (collectively, the “Contest Entities”), and the immediate family (spouse, parents, siblings and children) and household members of each such person are not eligible to be an Entrant or to win any prize. Sponsor’s registered travel agents (“First Mates” in the Sponsor’s marketing parlance) are eligible as Entrants, but may not nominate another First Mate. Sponsor retains discretion to recognize any Entry from or including a facially ineligible Entry, Entrant, or Nominee for extraordinarily meritorious circumstances, to reward the Nominee. Such basis would be required to be separate from the facet(s) that made such Entry, Entrant, or Nominee ineligible, and be from an eligible jurisdiction. Administrator may request any potential prize winner to provide proof that such person is eligible to be the winner. All potential prize winners are subject to verification before any prize will be awarded. By participating in the Contest, Entrant fully and unconditionally agrees and accepts these official rules (“Official Rules”) and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
CONTEST PERIOD: Contest will begin at 8:00 AM Eastern Standard Time (“EST”) on February 14, 2021 and end at 8:00:00 PM EST on March 16, 2021 (“Contest Period”). Contest Application computer is the official time keeping device of the Contest.
HOW TO NOMINATE: To submit a nomination during the Contest Period, create an original video of yourself exhibiting why your Nominee is deserving of a Virgin Voyages sailing (“Video”), with a duration of no longer than sixty (60) seconds. Videos must be in .avi, .mov, .mp4, .mpg format and no larger than 200 MB in size. To submit your entry, visit the website https://www.shiploadoflove.com to access the Contest Application and follow the online instructions to complete the nomination form and check the box indicating that you have read and agree to these Official Rules and Pixlee’s Terms of Service, and upload and submit your Video during the Contest Period (an “Entry” or “Entries”). Your Entry must be in English or else will not be eligible. Entries submitted via any other method will not be accepted or entered. All Entries become the property of Sponsor and will not be acknowledged or returned. Automated, script, macro or robotic Entries submitted will be disqualified. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules (in Sponsor or Administrator’s absolute determination) will be disqualified. Sponsor may, but without obligation, choose to display Entries at Sponsor’s websites or social media platforms, including but not limited to, Twitter, Instagram or Facebook, in whole or in part, as determined by Sponsor in its sole discretion. The use of an Entry by Sponsor does not have any effect on the winner selection process. By submitting an Entry, you warrant and represent that your Entry is original and was created solely by you and has not been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends or family) through any means, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, an Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify that Entry. By entering the Contest, each Entrant agrees to the posting of such Entrant’s name, city/state of residence, and Entry, in whole or in part, on the Contest Application, Sponsor’s websites and/or on Sponsor’s social media platforms, including but not limited to Twitter, Instagram, and Facebook. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and Entrants shall release and hold Contest Entities harmless from same.
CLOSING DATE TO SUBMIT ENTRIES IS 8:00:00 PM EST ON MARCH 16, 2021.
Limit one (1) Entry per person/email address. Should multiple users of the same email account submit an Entry and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said email account at the time of Entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Entrants may not participate with multiple email addresses nor may Entrants use any other device or artifice to participate multiple times or as multiple Entrants. Any Entrant who attempts to participate with multiple email addresses under multiple identities or uses any device or artifice to participate multiple times will be disqualified and may forfeit any prize won, in Sponsor's discretion. Each potential prize winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of Entrants in its sole discretion. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Entrants entering with a mobile device: Contest may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
Video should only contain images and likenesses (including locations) for which the Entrant has legal and valid right, permissions, and license. If a Video includes music, footage or graphic content, then the music, footage or graphic content must be provided by a copyright/royalty free library OR original music, footage or other content created and owned by the participant. Videos that contains identifiable images of any person other than the Entrant or the Nominee or that contain any materials embodying the names, likenesses, voices or other indicia identifying any person, including, without limitation, influencers and celebrities, athletes, musicians, and/or other public or private figures, living or dead, without consent of usage, or otherwise infringes upon the intellectual property rights or defames or invades the publicity or privacy rights of any third party, living or deceased, will be void and disqualify the Entrant, Entry, and Nominee. Videos that include trademarks, logos or trade dress (such as distinctive packaging) owned by others (other than those owned by the Sponsor) may be eligible, but may not be used or displayed, in whole or in part, by Sponsor or Contest Entities. Submissions featuring content that is obscene, profane, lewd, defamatory, disparaging or inappropriate, or subject matter related to pornography, the promotion of alcohol, tobacco, or illegal drugs, firearms or other weapons, any unlawful activity, abusive or hateful content of any kind (including bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, sexual orientation, gender (including gender identity and reassignment), pregnancy, disability, marital status, or nationality), images or activities that are dangerous, unsafe, illegal, cruel, or present unreasonable risk of harm to persons, animals or property, promote a political or religious agenda, that offend generally accepted standards of public decency and respect for others, or communicate a message or image inconsistent with the positive images and/or good will to which the Sponsor wishes to be associated, as determined by the Sponsor in its sole discretion, will be void and disqualify the Entrant, Entry, and Nominee. Entry should reflect the views/opinions of the individual Entrant, but must not contain content that is, appears to be, or is shown to be false, inaccurate or misleading.
Intellectual Property Rights: By participating in the Contest each Entrant grants the Contest Entities a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, not use, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant’s name and city/state of residence), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of the Contest Entities and each of their respective brands and/or products and services in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever agrees not to assert all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein.
JUDGING CRITERIA AND WINNER DETERMINATION: After the Contest Period, subject to moderator review, all eligible Entries received will be judged by a panel of Sponsor representatives (“Judges”), based on the following criteria (“Judging Criteria”):
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- Originality and Creativity of Entry (40%)
- How well the Entrant exhibits how the Nominee is deserving of a Virgin Voyages sailing (40%)
- Overall Quality (20%)
The Nominees nominated in the one thousand (1,000) Entries with the highest scores based on the Judging Criteria detailed above will each be deemed a potential prize winner, subject to verification of the Entrant and the Nominee’s eligibility. In the event of a tie, tied Entries will be re-judged by the Judges based on “How well the Entrant exhibits how the Nominee is deserving of a Virgin Voyages sailing” (100%). Sponsor reserves the right to select fewer than one thousand (1,000) potential prize winners, if, in its sole discretion, it does not receive at least one thousand (1,000) eligible and qualified Entries. No information regarding judging will be disclosed to any third party not involved in the conduct of the Contest and scores will not be released or made public at any time. Display of an Entry on the Contest Application, Sponsor’s websites, on any social media platforms or otherwise (or decision not to display an Entry) does not indicate or imply its eligibility for, or standing or score in this Contest.
NOTIFICATION OF WINNERS: Administrator will contact Entrants who’ve submitted potentially prize-winning Entries via email on or around April 16, 2021. Entrants will be asked to forward the notification (which will include a Declaration – see below) to their Nominee so that Nominee may redeem their prize. The Nominee will be required to digitally and securely sign a Declaration of Compliance, Liability Waiver and Publicity Release (where legal) and an Assignment of Rights (collectively, “Declaration”) within ninety-six (96) hours after delivery of the Declaration to the Entrant who submitted the winning video.
NOTE: The Declaration will require each potentially prize-winning Nominee, among other things, to assign to Sponsor all of their ownership rights in and to the Entry and all content therein, or else prize will be forfeited. If a potentially prize-winning Nominee does not return the Declaration or provide all required information within the time period specified by Sponsor, or if a Declaration is returned undeliverable, or in the event that a potentially prize-winning Nominee declines the prize, is or is later found ineligible for any reason or has not complied with or is in violation of these Official Rules, Sponsor will have the right to disqualify such potentially prize-winning Nominee, forfeit their prize or rescind the prize offer. All prizes will be awarded provided they are properly claimed. Administrator will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Administrator (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Administrator in a timely manner may result in disqualification and prize forfeiture. A Nominee is not a prize winner unless and until Nominee's eligibility has been verified and the Nominee has been notified that verification is complete and all required documentation fully and accurately executed. Sponsor will make one (1) attempt to contact an Entrant to award any given prize to the potentially prize-winning Nominee, and, if after the one (1) attempt a prize remains unclaimed or the potentially prize-winning Nominee is not confirmed, the prize may not be awarded in Sponsor’s sole discretion.
Potentially prize-winning Nominees/Entrants are restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating that they have been contacted or are a potentially prize-winning Nominee or prize winner until Administrator has fully verified eligibility and Administrator has notified potentially prize-winning Nominee in writing that he or she has been approved to communicate their prize winner status. Any violation of the foregoing sentence may disqualify such potentially prize-winning Nominee from receiving any potential prize.
PRIZES WILL ONLY BE AWARDED TO NOMINEE; ENTRANTS DO NOT HAVE THE OPPORTUNITY TO WIN A PRIZE. LIMIT ONE (1) PRIZE PER HOUSEHOLD.
NOMINEE PRIZING: Provided there are a sufficient number of eligible Entries received, one thousand (1,000) prizes will be awarded. Each prize consists of one (1) voyage for prize winner and one (1) guest on a Virgin Voyages’ sailing to be designated by Sponsor (“Voyage”) in a double occupancy Ltd View Sea Terrace cabin (“cabin”) to be designated by Sponsor, departing and returning to Miami, Florida USA (i.e., PortMiami). Approximate Retail Value (“ARV”) of each prize is: $3,054.52 (CAD) / £1,752.89 (GBP) / $2,400 USD. Total ARV of all prizes being awarded is $3,054,520 (CAD) / £1,752,890 (GBP) / $2,400,000 USD Voyage taxes and fees for prize winner and guest included. Prize winner may choose to upgrade their cabin category but will need to pay the difference in Voyage fare and taxes. If a prize winner manages to book a cabin that is not a Ltd View Sea Terrace without paying an incremental fee, Sponsor reserves the right to downgrade the reservation. Each prize winner will be bound by Sponsor’s Ticket Contract and solely responsible for all air transportation, ground transportation, gasoline, tolls, parking, and any and all in-cabin charges (e.g., mini-bar, room service, laundry service, telephone, internet and movies), sightseeing excursions, gratuities, travel upgrades, travel insurance, baggage fees, airport fees, transfers, personal incidentals, souvenirs, and any other expenses associated with the acceptance and use of the prize. Each prize winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined at Sponsor’s sole discretion, upon check-in, and all cabin charges, meals, beverages, upgrades, amenities, personal incidentals and any other expenses charged to such prize winner’s cabin will be charged to that major valid credit card or deducted from the deposit provided. Prize winner must make their booking by September 15, 2021 or their prize will be forfeited. Each prize winner and guest must travel on Voyage/dates designated by Sponsor (4 and 5 night voyages starting between September 22, 2021 and April 20, 2022 on Scarlet Lady; Christmas and New Years' Eve voyages that sail on or about 12/24/21 and 12/29/21, are excluded) or the prize winner will be disqualified. All Voyages must be completed by April 20, 2022 or prize will be forfeited in its entirety. In the event that a component of a prize is not available, for whatever reason, then the remaining elements of the prize shall constitute full satisfaction of Sponsor’s obligation to the prize winner and no additional compensation will be awarded. Prize winner will be solely responsible for any federal taxes on the prize. Prize winner and his/her guest must travel in the same cabin. Guest must be at least 21 years of age. Any upgrades required will be at the prize winner’s expense and are subject to availability. Prize winner and his/her guest must possess valid government-issued travel documents, VISA’s, passports, etc. at the time of travel. Prize winner and his/her guest are each solely responsible for obtaining his/her own travel to/from PortMiami, medical, and life insurance and the associated costs. If either a prize winner or his/her guest cannot fully enjoy the prize due to infirmity or illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award or any part thereof. Each prize winner and his/her guest must obey all local laws and regulations while on the Voyage and act in a manner that is safe and respectful of the Sponsor and Sponsor’s other guests. Should a prize winner or his/her guest, while on the Voyage, violate the terms of the Ticket Contract, Sponsor shall have the right, in its sole discretion, to modify, cancel or suspend the Voyage or any portion thereof without notice and without any compensation being paid to the prize winner or prize winner’s guest. Sponsor accepts no responsibility for any additional expenses, omissions, delays, rerouting or acts of any government or authority. Sponsor is not responsible for any fees or additional charges resulting from any changes to itinerary or accommodations made by a prize winner and/or his/her guest. All travel is subject to any and all advisories, restrictions or requirements instituted by the U.S. Department of Defense, the U.S. Department of Homeland Security and/or the U.S. Centers of Disease Control and Prevention, as required, including but not limited to passing one (1) or more COVID-19 antigen and screening tests and testing negative for COVID-19 and executing any assumption of risk or other documents relating to COVID-19. The ARV of the advertised prizes set forth above represents Sponsor’s good-faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event that the stated ARV of a prize is more than the actual fair market value of such prize, the difference will not be awarded in cash or otherwise. The ARV of the prize may vary based on itinerary.
All prizes will be awarded provided a sufficient number of Entries are received. Resale of any element of the prizes is prohibited. A Prize is not eligible/combinable with any promotions or offers from Virgin Voyages (e.g., WAVE 2021, Circles), except for “Bar Tab.” Prizing may be subject to United States withholding taxes and to taxation in your country of residence. See “Taxes” section below for information on tax withholding. There will be only one (1) prize per prize winner. Sailings have limited capacity; prize details and availability are subject to change. Sponsor reserves the right to exclude additional Voyages should it need to further delay operations due to the COVID-19 public health emergency. Prizes do not include any other item or expense not specifically described in these Official Rules, and any such additional items or expenses are the sole responsibility of each individual prize winner. Only advertised prizes will be awarded, and no other prizing or substitutions will be made (except as stated above for prize unavailability). No more than the stated number of prizes will be awarded. Prize winner agrees to accept the prize “as is”.
Taxes: Any valuation of the prize stated above is based on available information provided to Administrator and the value of any prize awarded to a prize winner will be reported for tax purposes as required by law. Each U.S. prize winner must provide Administrator with a valid taxpayer identification number or social security number (as applicable) before any prize will be awarded. A Form 1099 will be issued to the U.S. prize winner for value of prize $600 or more. Outside of the U.S., the prize winner may be subject to a tax on the value of any prize awarded. The prize winners are solely responsible for reporting and paying any and all applicable taxes. The prize winners understand and agree that the prize winners may be responsible for taxes exceeding the amounts listed above, for reasons such as, without limitation, prize winner’s tax bracket.
PUBLICITY: Except where prohibited by law, participation in the Contest constitutes your consent to Contest Entities to use your name, likeness, biographical information (city, state, country and/or territory), and Entry (including your Video) for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.
PRIVACY: Information submitted by you will be collected by Sponsor’s systems based in the United States and such collection will be subject to applicable privacy laws depending on the country where you reside. Your participation in this Contest constitutes consent for Contest Entities to use your personal information for the purpose of administering the Contest and awarding the prizes.
For United Kingdom (England, Scotland and Wales only) residents: Both the Administrator and the Sponsor are based in the United States. You are legally entitled to exercise in front of the data controller your rights of access, rectification, erasure, limitation of processing, objection to processing, to profiling and to automated decisions, and portability if applicable, at any time. You are also entitled to file a complaint with the UK Information Commissioner’s Office.
For non-UK residents: The country, state, or province in which you live may require the Sponsor to delete your personal data upon written request, which we will be bound to honor. However, you will be disqualified if personal data is withdrawn or deleted prior to the determination of the prize winner(s) and fulfillment of the prize(s). This is not a penalty – it is recognition that in doing so our ability to administer the contest is removed as to a person withdrawing their permission for Contest Entities to use their personal data or asking that their personal data be deleted prior to the determination of the prize winner(s) and fulfillment of the prize(s). Information submitted by you is subject to Pixlee’s Privacy Policy and Sponsor’s Privacy Policy. Contest Entities will process your personal information solely for the purpose of administering the Contest and awarding the prizes. For information regarding Pixlee’s Privacy Policy, please visit https://pixlee.com/privacy. For information regarding Sponsor’s Privacy Policy, please visit https://www.virginvoyages.com/privacy-policy.
ERRORS AND UNAUTHORIZED ACTIVITIES: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including without limitation, fraud, pandemics or epidemics, virus or other technical problem, or any other reason beyond the control of Contest Entities, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or terminate the Contest and, if feasible, award the prizes from among all eligible Entries received up to the time of the impairment based on the judging criteria listed above. Contest Entities reserve the right to modify prize award procedures. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE: Subject to any applicable laws, by participating in the Contest or winning a prize, you agree to release Contest Entities, Instagram, Twitter, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, “Released Parties”), from and against any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Contest to the extent possible under applicable law (except where the Contest Entities are at fault through intentional or negligent conduct), including without limitation: (a) acceptance, possession, use, misuse, or nonuse of any prize that may be awarded; (b) any incorrect or inaccurate information, whether caused by Entrant or Nominee, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (c) technical and/or communications malfunctions, errors or failures of any kind; (d) unauthorized human intervention in any part of the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of Entries; (f) if Administrator must cancel or terminate the Contest for any reason; (g) if any prize cannot be awarded due to circumstances beyond Contest Entities’ reasonable control; and (h) any and all claims, demands, causes of action, judgments, costs and expenses (including attorneys’ fees) arising from a claim that your Video infringes the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party. You agree that in any cause of action, the Released Parties’ liability shall, to the extent permitted by applicable law, be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorneys’ fees or other legal costs.
You acknowledge that the Released Parties have neither made nor are in any manner responsible or liable, to the extent permitted by law, for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, a prize’s quality or availability.
Each prize winner and his/her guest irrevocably waives all claims against the Released Parties and agree that the Released Parties will have no liability or responsibility and shall be held harmless by prize winner for any claim arising in connection with a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of a prize winner and/or guest participating in the Contest and related activities, wherever, whenever or however the same may occur. Each prize winner and his/her guest fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
DISPUTES: By entering the Contest, each Entrant and Nominee agree that (a) any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event will a Entrant or Nominee be entitled to receive attorneys' fees or other legal costs; and (c) under no circumstances will any Entrant or Nominee be permitted to obtain any award for, and Entrant and Nominee hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants, Nominees, and Sponsor in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Florida in the United States exclusive of conflict or choice of law rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
For U.S. residents: Any dispute, claim or controversy arising out of correlating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Miami, Florida before one arbitrator. The parties may agree to online/virtual proceedings. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
For non-U.S. (international) residents: Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The seat of the arbitration will be Miami, though the parties may agree to online/virtual proceedings. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
Confidentiality in Arbitration. For any arbitration, whether U.S. or international, the parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the privacy of the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
NO OBLIGATION TO USE: Contest Entities shall have no obligation (express or implied) to use any Entry or to otherwise exploit any Entry, or, if commenced, to continue the distribution or exploitation thereof, and Contest Entities may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants and Nominees shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or Video, or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules (including without limitation, to vest all right, title and interest in and to a Video to Contest Entities) then each Entrant and Nominee agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
LANGUAGES: To the extent permitted by applicable law, you agree that in the event of inconsistency between your local language version and the English version of these Official Rules, the English version shall prevail, and your local language version shall be deemed to be amended accordingly to the extent necessary for such inconsistency to be in conformity with the English version of these Official Rules.
WINNERS’ LIST: To obtain a list of the prize winners available after April 30, 2021, request must be received by April 30, 2021 by sending a 3” x 5” piece of paper with your complete name and address, including country, with sufficient postage to be mailed to the U.S. to: Virgin Voyages Shipload of Love Contest Winners List c/o Encore Worldwide, 3080 Northfield Place, Suite 116, Roswell, GA 30076 USA.
NATURE OF SPONSOR’S BUSINESS: Travel.
