User Agreement

Effective as of March,1 2007.


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By registering on the Travelsweepstake.com Web Site (the "Site") or using any of the services available on or through the Site, you are deemed to have agreed to these terms and conditions of use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, which includes by incorporation our Privacy Policy, you may not access or otherwise use the Site or services.

This Site is provided by Travelsweepstake.com for your and others' personal, non-commercial enjoyment, subject to these Terms and Conditions of use and all modifications thereto, and any other rules or guidelines, including any Travelsweepstake's rules that may be published from time to time by Travelsweepstake.com on this Site. Travelsweepstake.com reserves the right to modify the Site from time to time, for any reason, and without notice. You should check these Terms and Conditions periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.

Competition closing date:

The current Travel Sweepstake competition will be closing at the end of October 2007. A winner will be drawn on 1 November, and the judges decision will be final.

Conditions for Participation in the Site

Travelsweepstake.com makes this Site available free of charge to individuals who voluntarily register on the Site ("Members"), and agree to, and abide by, these Terms and Conditions. The Site is intended to provide our Members with a fun, rewarding and unique Internet experience.

In accordance with the Internet Gambling Prohibition Act, individuals who reside in Illinois, Indiana, Louisiana, Michigan, Nevada, New Jersey, New York, Oregon, South Dakota, Washington State, Wisconsin are not allowed to take part in the Travelsweepstake competition.

As a condition of your ability to visit and use the Site, you represent and warrant that:

  1. You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Site in accordance with these Terms and Conditions;
  2. All information supplied by you is true and accurate (without limitation of the foregoing, any speculative, incorrect, misleading, false or fraudulent information that you provide is prohibited);
  3. You understand and agree that Travelsweepstake.com may share personally identifiable and other information provided by, and aggregated information about, Members with its partners, sponsors, advertisers, service providers and marketers for marketing promotions, lookup and reference services applications, and other entities that Travelsweepstake.com believes are able to provide Members with special offers and opportunities, as more fully described in the Travelsweepstake.com Privacy Policy.
  4. You understand that abuse of the Site may result in your being denied access to such Site and/or the termination of your membership;
  5. You understand and agree that, in addition to these Terms and Conditions, the Site will be governed by the official rules applicable to the Site;
  6. You will not:
    1. Harvest, sweep, or use any other means, to collect information about Members of the Site;
    2. Maintain more than one account on the Site;
    3. Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Site;
    4. Conduct your own contests and promotions;
    5. Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions or your membership on the Site without prior express written authorization of Travelsweepstake.com;
    6. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Site Content; or g. Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site (including without limitation, Member information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
  7. You do not reside in any of the US states affected by the Internet Gambling Prohibition Act, prohibiting online gambling. The states affected are: Illinois, Indiana, Louisiana, Michigan, Nevada, New Jersey, New York, Oregon, South Dakota, Washington State, Wisconsin.

Travelsweepstake.com may reject any registration application from any person with or without cause at its sole discretion. Travelsweepstake.com reserves the right to terminate a Member account in the event that such Member provides false or misleading Registration Information or otherwise violates any term of these Terms and Conditions. Your status as a registered Member creates only a customer relationship with Travelsweepstake.com and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.

Compliance With Law

By visiting this Site or participating in the Site, you agree to comply with all relevant local, state, provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.

Third Party Sites and Promotions

The Site may display and make available promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that Travelsweepstake.com shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against Travelsweepstake.com arising from your participation in, or inability to participate in, any Third Party Promotion.

Intellectual Property Rights

The Site contains intellectual property owned by Travelsweepstake.com and other parties. As between Travelsweepstake.com and you, Travelsweepstake.com is the sole owner of the Site in general, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Site Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site Content solely for your personal, non-commercial use or records, provided that any Travelsweepstake.com or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.

Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site Content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may write to Travelsweepstake.com at the address provided below.

Linked Sites

You may be able to link to third parties' Web sites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by Travelsweepstake.com in any way and Travelsweepstake.com is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply Travelsweepstake.com's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall Travelsweepstake.com be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Travelsweepstake.com reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.

Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link. To seek our permission, you may write to Travelsweepstake.com at the address provided below. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, at any time.

Privacy Policy

The information collected and used on the Site is governed by Travelsweepstake.com's Privacy Policy.

Disclaimer of Warranties

THIS SITE, INCLUDING THE SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, TRAVELSWEEPTAKE.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND THE SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRAVELSWEEPSTAKE.COM DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

Limitation of Liability

IN NO EVENT WILL TRAVELSWEEPSTAKE.COM, ITS PROPRIETORS, PARENTS, PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF TRAVELSWEEPSTAKE.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR THE SITE. TRAVELSWEEPSTAKE.COM SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES OR ARISES OUT OF AN IRREGULAR SITE PLAY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THE SITE.

Indemnification

You agree to defend, indemnify and hold Travelsweepstake.com, its parents, partners, affiliates, successors and assigns and their respective officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a result of your use or inability to use the Site or any violation of these Terms and Conditions by you. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site must be filed within six (6) months after such claim or cause of action arises, or forever be barred.

Termination

Termination by You: You may terminate your membership at any time, and upon termination you understand that you will not be eligible to receive any prizes after the date of termination. If you re-apply to become a registered Member at a later date, you will receive a new Member I.D., password, and account.

Termination by Travelsweepstake.com: Travelsweepstake.com reserves the right to terminate your membership without notice, with or without cause, at its sole discretion, for any reason, including:

  • Your breach of any provision of this Agreement;
  • Any conduct by you which is or may reasonably be believed to be contrary or detrimental to the business interests or reputation of Travelsweepstake.com; or
  • Any action taken by you that harms or potentially harms any Travelsweepstake.com relationship with its registered Members, suppliers, and/or providers of Third Party Promotions.

If Travelsweepstake.com terminates your membership, you will be ineligible to re-enroll as a registered Member at any future date.

Applicable Laws / Jurisdiction

[You agree that the laws of Gibraltar, excluding its conflicts-of-law rules, shall govern your use of the Site, and these Terms and Conditions. Your use of the Site may be subject to other local, state, national, and international laws.

Travelsweepstake.com
New Haven Office Center
Emancipatie Boulevard 31
PO Box 6052, Curacao
Netherlands, Antilles