TERMS & CONDITIONS
My Dream Itinerary Contest brought to you by Rail Europe & Eurail Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility – Restricted only to Travel Agents, Euronet System Subscribers and Tour Operators
My Dream Itinerary Contest brought to you by Rail Europe & Eurail (the “Contest”) is open only to Travel Agents, Euronet System Subscribers and Tour Operators who are legal residents of the fifty (50) United States (and the District of Columbia) and Canada (excluding the province of Quebec) who are eighteen (18) or older at the time of entry. This Contest is not open to the general public. Void where prohibited. Proof of residency and age may be required. Employees and directors of Rail Europe North America Inc. (“Rail Europe”), Eurail, and Motivforce Marketing and Incentives Ltd. and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Contest and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Contest.
2. Sponsor and Administrator
Sponsor: Rail Europe North America Inc., 333 Westchester Ave., 2nd Floor West Building, Suite W2200, White Plains, NY 10604, United States of America. Administrator: Motivforce Marketing and Incentives Ltd., 17 Hanover Square, Mayfair, London W1S 1BN, United Kingdom.
Contest begins May 1, 2019 at 12:00 a.m. Eastern Time and ends May 22, 2019 at 11:59:59 p.m. Eastern Time (“Contest Entry Period”). Administrator is the official time keeper for this Contest. The Contest is governed by these Official Rules and is subject to all applicable federal, state, provincial and local laws.
4. How to Enter
During the Contest Entry Period go to www.raileurope-mydreamitinerary.com (which is accessible by logging in to agent.raileurope.com or agent.raileurope.ca) and complete the online entry form that includes your dream rail itinerary using the Eurail Global Pass (the “Dream Itinerary”). You must follow all steps indicated on the online entry form and stated in these Official Rules. The Dream Itinerary must include at least 5 different days of train travel and at least 3 different Eurail countries out of the 31 now available with the Eurail Global Pass (see details at: https://www.raileurope.com/pass/eurail-global-pass-5880 ). You must pick one of four categories for your Dream Itinerary: 1) Adult, 2) Youth, 3) Family or 4) Senior. You may only pick one Category per Dream Itinerary. You can submit a different Dream Itinerary for each Category, for a total of four total possible entries per entrant
Limit of one (1) Dream Itinerary per Category per person for the Contest. You are not permitted to share the same email address with another entrant. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Dream Itinerary submissions, all of which will be ineligible to win a prize.
5. Entry Requirements
The Dream Itinerary must comply with the following requirements: (i) the Dream Itinerary may not feature any person other than entrant without their consent; (ii) other than the Sponsor, its products, brands and/or logos, the Dream Itinerary may not show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Contest; (iii) the Dream Itinerary must be entrant’s own original work, created solely by entrant and not created professionally; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Dream Itinerary may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Dream Itinerary cannot promote illegal drugs or tobacco, illegal firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Dream Itinerary cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor or Eurail, their products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Dream Itinerary cannot contain any personal identification, such as personal names, without express permission; (viii) the Dream Itinerary cannot itself be in violation of any law; and (ix) the Dream Itinerary must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
6. Grant of Rights
By submitting a Dream Itinerary, the entrant represents and warrants that he/she has all right, title and interest necessary to grant Eurail, the Sponsor and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the entry (with or without Entrant’s name) in any media now known or later developed throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from Entrant or any other party on Entrant’s behalf. In addition, by submitting an entry, Entrant, forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights in the entry that may preclude Sponsor or its affiliated companies use of the entry, or require Entrant’s permission for the Sponsor or its affiliated companies to use the entry. Entrant acknowledges that Sponsor is in no way obligated to broadcast, post, publish, or use Entrant’s entry in any way. Entries become the sole property of the Sponsor and may not be acknowledged and will not be returned. Entrants acknowledge and agree their entries become the property of the Sponsor, which thereby has the right to promote and otherwise use the entries in any way Sponsor sees fit as permitted by law.
7. Representations and Warranties
Each entrant represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Dream Itinerary and for Sponsor’s right to use the Dream Itinerary for any purpose.; (ii) the Dream Itinerary is owned by entrant; (iii) the Dream Itinerary is wholly original with entrant and, as of the date of submission, the Dream Itinerary is not the subject of any actual or threatened litigation or claim; (iv) the Dream Itinerary does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Dream Itinerary does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous.
Each entrant hereby agrees to indemnify and hold the Sponsor, Administrator, Eurail, and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
9. Winner Determination (Selecting Finalists and Voting Determining One Grand Prize Winner)
After the end of the Contest Entry Period, a panel of qualified judges, determined by Sponsor in its sole discretion, will select the four (4) best Dream Itineraries, one (1) from each Category, from among all eligible Dream Itineraries that were submitted, based on an application of the following five (5) criteria (with a 100 point total scale):
- Originality (20%);
- Creativity (20%);
- Popularity (20%);
- Ease of Use in Training Webinar (20%); and
- Reason for the Submission (20%)
The four (4) selected Dream Itineraries will be Finalists. In order to be a Finalist, the Dream Itinerary must have a score of 80 points or higher. In the event of any tie for a final Finalist spot (among those entries that scored 80 or higher), the entrant who received the higher score in the “Originality” category, as determined by the qualified judges in their sole discretion, will be selected from among the tied entrants as the Finalist. If this still does not determine a Finalist, the entrant who submitted their entry first will be a Finalist.
If there are fewer than four entries or there are no entries that score 80 in a specific Category then Finalists can be chosen from the best submissions overall, irrespective of Category, and/or Sponsor may choose to have fewer or more than four (4) Finalists. The Dream Itinerary from each Finalist will be displayed at www.raileurope-mydreamitinerary.com and www.raileurope-mydreamitinerary.ca for voting between June 3, 2019 and June 28, 2019. Anyone is able to vote once they complete an email registration. The one Finalist that gets the most votes will be the Grand Prize winner. A person may only have one spot as a Finalist, even if they submitted a Dream Itinerary in more than one Category.
Verified vote counts will be determined by Sponsor and/or Administrator. If there is a tie between two or more Dream Itineraries for the most votes, the winner will be determined by the Sponsor. Each person is limited to one vote per Dream Itinerary and may only vote using one account. Finalists may not directly or indirectly offer or pay any monetary or other form of consideration in exchange for a vote. You may not use any manual or automated vote process or methods, or multiple e-mail addresses, to circumvent the one-vote limit per person per Dream Itinerary. Doing so will subject all of your votes to disqualification. The Sponsor may also disqualify a Finalist, if the Sponsor receives multiple or irregular votes from the same user or users, receives votes in a manner that indicates manual, automated or other vote manipulation, or attempts to compensate voters. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor has the right to determine the Grand Prize winner by using non-suspect votes, or by any other means they deem appropriate. The Sponsor and Administrator are not responsible for, and are not required to count any vote which, in their judgment, is incomplete, late, misdirected, damaged, unlawful or illicit. This includes votes secured in breach of the voting rules above, as well as those lost for technical reasons or otherwise in violation of these Official Rules.
10. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR. SPONSOR AND ADMINISTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE CONTEST.
Prize winner will be considered to be potential prize winner until Sponsor confirms his or her prize winner status. Entrant acknowledges and grants Sponsor the ability in its sole discretion to announce the names or any identifiable information of a potential prize winner on its Website, or in any other form of public communication, including social media.
11. Verification of Potential Winner
Potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability, and/or Waiver of Rights and Publicity Release (where permitted by law) (collectively, the “Affidavits”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted within five (5) business days or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept (within ten (10) business days), receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Contest or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
All four (4) Finalists will go on an all-expense paid FAM trip to Europe together on a date determined by Sponsor that will be between September and November 2019. If a Finalist is not able to go on the FAM trip on the stated dates the trip will be forfeited, and no other consideration will be provided. The itinerary for the FAM trip will be that of the Grand Prize winner. FAM trip includes round-trip economy air from North America to Europe (from an airport chosen at Sponsor’s sole discretion), single room hotel accommodation, 1st-class Eurail Global Passes, train reservations, meals, sightseeing and entrance fees (ARV $4,050 USD). Out-of-pocket expenses will be the responsibility of each Finalists. All four (4) Finalists will win a leather monogrammed Tech Case from Mark & Graham (ARV $149).
One Grand Prize winner will be selected through the voting process out of a choice of four (4) Finalists. Grand Prize winner will receive bragging rights for having the best overall itinerary, as well as a 2-piece set of monogrammed luggage from Mark & Graham (ARV $490).
For all prizes: No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. For US residents only, winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential prize winner fully complies with these Official Rules. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which alternate winners may be selected and unclaimed prizes may be awarded at the Sponsor’s sole discretion. If there are not enough entrants who qualify for prizes, less than the stated number of prizes may be awarded.
13. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless the Sponsor, Administrator, Eurail and Rail Europe and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledge that Grand Prize is awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, World Wide Web, or any other form of media, without further limitation, restriction, compensation, notice, review, or approval.
15. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date.
16. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error in the administration of the Contest or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of each prize will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in Westchester County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual 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 these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
18. Entrant’s Personal Information
19. Contest Results
For Contest results, send an email with the subject line of “Winner’s List – Rail Europe North America My Dream Itinerary Contest” to email@example.com. Requests for the Winner’s List must be received by September 1, 2019.