Kennedy Space Center “Summer of Mars” Consumer Sweepstakes
Kennedy Space Center “Rover Tour Sweepstakes” Sweepstakes
Sweepstakes offer sponsored by Kennedy Space Center Visitor Complex
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE, PAYMENT, ENTRY FEE OR PROOF-OF-PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR TYPE OF ENTRY (IN PERSON OR THROUGH SPONSOR’S SITE) DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
1. Sweepstakes Description and Period: The DNC Parks & Resorts at KSC, Inc. (the “Sponsor”) “Rover Tour Sweepstakes” (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on July 14, 2017. All entries must be submitted before 11:59 p.m. ET on August 13, 2017, which end date may be extended in Sponsor’s sole discretion (the “Submission Period”).
Following the conclusion of the Submission Period, the Sponsor will randomly select one winner. One (1) first prize (described below) will be awarded and the winner will be notified within five business days on or after the end of the Submission Period (the “Sweepstakes End Date”) to claim the prize. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2. Eligibility: The Sweepstakes is open only to legal residents of the United States 18 years of age and older or, if different, the age of majority as established by such individual’s state of residence (19 years in Alabama, Delaware, Nebraska or 21 years in Mississippi) as of the date of entry submission. The officers, directors, members and employees of Sponsor, Sponsor’s affiliates, Crossmark, Inc. or its affiliates, or any other entities involved in the marketing, sponsoring, fulfilling or administration of the Sweepstakes or supplying any portion of the prize for the Sweepstakes or any of such entities’ respective affiliates, or the immediate family members and/or those living in the same household (whether related or not) of any of the foregoing are not eligible to participate or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months per year, whether related or not. This Sweepstakes is void in Puerto Rico, and all other U.S. territories, U.S. military installations in foreign countries and possessions and wherever prohibited by law. Any individual who has been awarded a prize by Sponsor since January 1, 2017 is not eligible to participate or win.
Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
3. How to Enter: During the Submission Period, you may enter by (i) visiting the Sponsor’s site athttps://www.kennedyspacecenter.com/landing-pages/summer-of-mars/forms/rover-sweepstakes (“Sponsor’s site”) and following the instructions to complete the entry form; or (ii) completing an entry form in person during one of the stops on the NASA Mars Rover Tour (each, an “Entry”). To find the most current information about the NASA Mars Rover Tour (the “Tour”), along with the dates, times and locations of each stop of the Tour, visit https://www.kennedyspacecenter.com/landing-pages/summer-of-mars/forms/rover-tour (the “Tour Site”). Before submitting an Entry, you must certify that you have read and agree to these Official Sweepstakes Rules.
Each entry form that you complete will be considered one (1) Entry and you may only submit one (1) Entry during the Submission Period by using either of the two entry methods described in this section. In order to submit an Entry, all entrants must submit name, email address, phone number and date of birth. In the event of a dispute over the identity of an entrant, the Entry will be deemed to be submitted by the Authorized Account Holder (as described below) at the time of Entry, and the entrant may be required to provide identification sufficient to show that he/she is the Authorized Account Holder. For the purposes of these Official Sweepstakes Rules, the “Authorized Account Holder” means the natural person who is assigned that email address by an internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to provide proof of eligibility upon request prior to prize award.
By entering the Sweepstakes, each entrant represents, warrants and agrees that entrant is entering the Sweepstakes for himself or herself alone and not as part of a group (i.e., two or more) of entrants.
Normal Internet access, phone charges and usage charges imposed by your online/phone service providers will apply.
It is your sole responsibility to notify Sponsor prior to the end of the Submission Period if you change your email address by sending an email to firstname.lastname@example.org with subject “Rover Tour Sweepstakes".
Sponsor and any other entities involved in the sponsoring, fulfilling or administration of or supplying any portion of the prize for the Sweepstakes and any of Sponsor’s and such other entities’ respective officers, directors, members or employees (collectively, the “Released Parties”) are not responsible for or assume any liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes or for any miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility or unavailability of the Internet, including any failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof; or (e) any injury or damage to the entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Sweepstakes or access or download any materials from the Sweepstakes Site or the Sponsor’s website. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen prize notifications.
Proof of submission of Entry does not constitute proof of delivery of Entry. Each Entry must be manually key stroked and manually entered by the individual entrant. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prize by means of a random drawing comprised of all eligible entries received for the affected drawing prior to and/or after (as appropriate) the action taken by Sponsor, or otherwise award the prize for such affected drawing in a manner which is fair, appropriate, and consistent with these Official Sweepstakes Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Sponsor’s website at https://www.kennedyspacecenter.com/landing-pages/summer-of-mars/forms/rover-sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
4. Entrant Information. In order to submit an Entry on the Sweepstakes Site or in person during a stop on the Tour, the entrant will be required to supply name, email address, phone number and date of birth on the entry form, and the entrant will receive communications from the Sponsor regarding services, incentives, offers, promotions, or other messaging related to the Sponsor’s services until the entrant chooses to opt-out of such communications. The entrant is permitted to opt-out from communications from the Sponsor at any time after submitting its Entry and opting-out from such communications from the Sponsor will not impact the entrant’s chances of winning.
Entries that do not comply with these Official Sweepstakes Rules, as determined in Sponsor’s sole discretion, will be disqualified from the Sweepstakes and may not appear or be removed from the Sweepstakes Site. Decisions of the Sponsor in all matters relating to the Sweepstakes are final and binding.
5. Winner Selection:
The Sweepstakes will have one (1) first prize winner to be selected by random chance drawing conducted by Sponsor. The winner will be contacted using the e-mail address provided in his or her Entry within three (3) business days thereafter. Each winner will have three (3) business days to respond to the email notification and provide Sponsor with a day-time telephone number where such winner can be contacted in order to verify his or her eligibility to participate in the Sweepstakes. A winner who does not respond to the email contact within three (3) business days will forfeit his or her prize, and the prize will be awarded to an alternate entrant. Each winner will be required to execute and return an Affidavit of Eligibility/Release/Indemnification and a Publicity Release, where allowed by law, within five (5) business days after it is received by winner as a condition precedent to receiving the winner’s prize.
At the sole discretion of the Sponsor, disqualification, forfeiture of a prize and the selection of an alternate winner may also result from any of the following: (i) the return of an email notification as undeliverable after three (3) attempts; (ii) winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (iii) winner’s failure to execute and return an Affidavit of Eligibility/Release/Indemnification and a Publicity Release where allowed by law within five (5) business days after it is received by winner; (iv) winner’s failure to validly claim the prize by August 13, 2018; or (v) any other non-compliance with these Official Sweepstakes Rules. In the event of a prize forfeiture, such prize will be awarded to an alternate winner selected from remaining non-winning eligible entries.
6. Prize Details and Restrictions: The first prize winner will receive one (1) prize package good for a trip for a family of 4 (or a winner and 3 guests) to visit Kennedy Space Center Visitor Complex in Florida. Subject to the restrictions on the maximum retail value of the prize, the prize includes the following:
- Four (4) admission tickets to the Kennedy Space Center Visitor Complex that includes all the exhibits, shows and attractions available at the Kennedy Space Center Visitor Complex;
- Four (4) tickets to a lunch with a NASA astronaut;
- Four (4) tickets for a Kennedy Space Center Special Interest guided bus tour;
- Domestic round trip economy class air transportation for winner and three (3) guests between the major airport closest to winner’s residence and the Orlando, FL International Airport;
- Ground transportation for winner and three (3) guests; and
- Hotel accommodations (one room, standard quad-occupancy) for winner and three (3) guests for two nights and three days in a hotel to be selected in KSC’s reasonable discretion.
The approximate retail value of the prize is $3,340. The final retail value of the prize may not exceed $4,999. In the event that any portion of the prize would cause the final retail value of the prize to exceed $4,999, then Sponsor will only pay for airfare up to an amount that does not cause the final retail value of the prize to exceed $4,999. Final retail value of the prize may be lower than the approximate retail value. If the final retail value of the prize is less than the approximate retail value, the difference will not be awarded. Any depiction of the prize is for illustrative purposes only. Any portion of the prize not accepted or used by the winner will be forfeited.
Each prize must be redeemed by no later than August 13, 2018 (the “Prize Expiration Date”). If a winner has not redeemed the prize prior to the Prize Expiration Date, that winner will forfeit such prize in its entirety, after which no alternate winners will be selected, nor unclaimed prize awarded. All potential winners are subject to verification of eligibility. Each prize is nontransferable except to a surviving spouse residing in the same household or otherwise with the Sponsor’s permission. No substitutions of any prize are allowed, except with Sponsor's permission or where required by law, a prize of equal or greater value may be substituted. If for any reason the announced prize (or portion thereof) becomes unavailable, Sponsor, in its sole discretion, may award a substitute prize/prize component of equal or greater value (except as otherwise indicated herein).
The prize cannot be refunded, commissioned, bartered, exchanged, or redeemed for cash from the Sponsor. None of the Released Parties assumes any responsibility or liability for damages, losses or injury resulting from acceptance or use of any prize. None of the Released Parties are responsible for lost, stolen, late, misdirected, or delayed prize.
Federal, state and local taxes and other governmental charges (as applicable), and the reporting consequences thereof, are the sole responsibility of the winner. The winner must submit a valid executed IRS Form W9, and will receive a 1099 tax form reflecting the fair market value of the prize received.
Odds of winning the prize depend on total number of eligible Entries received during the Submission Period. Under no circumstances will Sponsor award more than one prize.
All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility. Prize conditions may be added or modified by Sponsor, in its sole discretion.
7. Releases and Indemnification. Each entrant agrees to release, defend, indemnify and hold harmless the Released Parties from any and all liability for claims, injuries, causes of action, losses or damages of any kind, including without limitation, wrongful death, personal injury or intellectual property infringement, arising out of or related, in whole or in part, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrant’s possession, acceptance, receipt or use/misuse of any prize, whether under contract, tort or any other legal theory, and, further agrees to indemnify Released Parties against any liability or expense (including reasonable attorney’s fees) arising in connection with the foregoing. Released Parties are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason.
8. Publicity Release: By participating in the Sweepstakes, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any entrant in the Sweepstakes, each entrant irrevocably grants the Sponsor and its respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media anywhere in the universe for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes and hereby releases the Released Parties from any liability with respect thereto.
9. Force Majeure: In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Sweepstakes as contemplated by these Official Sweepstakes Rules by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the Submission Period, Sponsor will (if possible) select the winner(s) from all eligible Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances
10. DISPUTES/ARBITRATION/CHOICE OF LAW: Except where prohibited, and subject to the release and waiver of claims provisions herein, entrants agree: (1) that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules set forth below, then effective; (2) to waive any right to seek or obtain injunctive or other equitable relief; (3) that any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (4) that 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of entrant and/or Released Parties in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard for conflicts of law doctrine of Florida or any other jurisdiction.
By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in the county of Brevard, State of Florida, U.S.A.; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Sweepstakes Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Florida law and United States law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
12. General. Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Sweepstakes Rules or otherwise governing the Sweepstakes. Sponsor also reserves the right, in its sole and absolute discretion, to modify, suspend, extend, or terminate the Sweepstakes, for any reason or no reason. If the Sweepstakes is terminated by Sponsor before the end of the Submission Period, Sponsor may select the winner(s) from all eligible Entries received as of the date of the termination and inclusion in any such drawing will be each entrant’s sole and exclusive remedy. Notice of such action by Sponsor will be posted on the Sponsor’s website at https://www.kennedyspacecenter.com/landing-pages/summer-of-mars/forms/rover-sweepstakes. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Sweepstakes Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Sweepstakes 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.
13. Winners List: To request any legally required winner’s list, send an email with subject line: “Rover Tour Sweepstakes” and the year of the Sweepstakes to email@example.com. The name of the winner is available after the Sweepstakes End Date.