Terms and conditions

VisitScotland Year of Homecoming Scotland 2014 Prize Draw Terms and Conditions

TERMS AND CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. These are the Terms and Conditions for participation in this sweep. If you do not wish to accept these Terms and Conditions in their entirety, please do not submit an online entry to us. By participating in the sweep you will be deemed to have read and accepted all of the Terms and Conditions. Failure to comply with any of these Rules will disqualify you from taking part in the sweep.

2. How to Enter. Log onto www.visitscotland.com/win/hc2014
(referred to herein as "web site") and follow the directions to enter between 09:00: AM Mean Time ("GMT") on 1 October 2013 and 12:00 PM GMT on 30 July 2014. You must include on the entry form your complete name and email address. All entrants must have a valid email address. In case of dispute as to the identity of the entrant, the entry will be declared made by the authorised account holder of the email address submitted at time of entry. "Authorised Account Holder" is defined as the natural person who is assigned an email address by an internet access provider, online service provider, or other organisation (e.g. business, educational, institution, etc) responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to provide Promoter (defined below) with proof that such winner is the authorised account holder of the email address associated with a winning entry.

Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted, and any use of such automated devices will cause disqualification. Promoter (VisitScotland), its affiliates, partners, agencies and any entities involved with the administration or fulfilment of this prize draw are not responsible for technical, hardware, software, telephone or other communication malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, internet, or ISP availability, unauthorised human intervention, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the prize draw, including, insofar as permitted by law, any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this prize draw or downloading any materials in this prize draw. Promoter does not warrant that the entry mechanism will be available at all times during the period of the competition.

Limit one (1) entry per person or email address.

All entries become the sole property of the Promoter and receipt of entries will not be acknowledged or returned. Promoter is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected entries, which will be disqualified. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Promoter.

3. Eligibility. Participation open to persons aged at least 18 and over and must be a legal resident of the country selected upon entry. Full address verification and proof of identity may be requested. Employees, officers and directors of VisitScotland ("Promoter"), or partner companies within this promotion, and their parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of the prize draw materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Void where prohibited by local law.

Partner companies within this promotion over and above VisitScotland include Atholl Palace Hotel, Blair Athol Distillery, Caledonian Adventures, Cameron House, Castle Kennedy, Creative Mackintosh, Dark Sky Park, Dunvegan Castle, Enchanted Forest, Glenapp Castle, Hotel du Vin, House for an Art Lover, Jacobite Cruises, Kinloch Lodge, Loch Fyne, The Marine Hotel, Troon, National Trust for Scotland, The New Drumossie Hotel, Royal National Mod, Speyside Wildlife, Wilderness Scotland.

The prize draw is governed exclusively by the laws of Scotland, which shall be exclusively applicable to any and all disputes arising out of or in connection with the prize draw or these rules. Scottish courts shall have sole jurisdiction over any and all disputes arising out of or in connection with this prize draw provided that such exclusivity does not apply to legal actions initiated or brought by the Promoter.

4. Draw. One (1) winner will be selected in a draw from all eligible entries received. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by an independent organisation, on or about 13 August 2014. By entering the prize draw, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the prize draw.

5. Prizes. The prize is for two people (1) winner will receive the prize and the winner will be able to choose one travel companion to accompany them on the trip. The prize comprises:

  • Car hire for the duration of the trip - the winner (and/or travel companion) must have a full, clean drivers license valid for use in the UK and adhere to the car hire company conditions of hire
  • 7 nights’ DBB accommodation for 2 people in Scotland
  • Guided tour of Castle Kennedy Gardens and afternoon tea
  • Stargazing in the Dark Sky Park, Galloway Forest (weather permitting)
  • VIP Tour of Culzean Castle, Ayrshire
  • Spa and Lunch at the Marine Hotel, Troon
  • Lunch at the House for an Art Lover, Glasgow
  • Piping lesson at the National Piping Centre, Glasgow
  • Guided Walk in the Loch Lomond & Trossachs National Park with Wilderness Scotland
  • Lunch at Loch Fyne Cairndow Restaurant
  • Scenic cruise departing from Oban
  • Private tour of Dunvegan Castle on Isle of Skye and afternoon tea
  • Cruise on Loch Ness with Jacobite Cruises
  • Wildlife tour in the Cairngorms National Park with Speyside Wildlife
  • VIP Distillery tour at Blair Athol Distillery, Pitlochry
  • Tickets for events to celebrate the Year of Homecoming Scotland 2014

The winner and their travel companion will receive an economy class return flight to Scotland as agreed by VisitScotland and subject to booking availability. Departure point and airline will be chosen by VisitScotland and restrictions may apply.

The winner and their companion must travel to arrive in Scotland on Sunday 12 October 2014. The prize is available between the dates specified only: 12 - 19 October 2014. If the prize winner and companion are unable to travel at the specified times the prize will be forfeited and awarded to an alternative winner in a random drawing from all remaining eligible entries.  All activities, travel and accommodation are subject to availability, weather conditions and are subject to the individual operator’s standard terms and conditions. Height and age restrictions may apply.

All travel, activities, and accommodations are at winner’s and travel companion’s risk. Transportation to and from departure airport, taxes, meals, gratuities, travel upgrades, or any other expenses not specifically listed herein are the responsibility of the winner and travel companion. Travel subject to booking availability. Winner and travel companion must travel on the same itinerary. The travel companion must be of the age of majority in their jurisdiction of residence unless winner is travel companion’s parent or legal guardian. Promoter is not liable for delays, cancellations or unforeseen events related to the flights. Winner and his/her travel companion will be solely responsible for obtaining valid identification and compliance with all travel and health requirements (i.e. passports, visas) relating to acceptance and use of the travel prize packages and must have no impediment to entering Scotland. Promoter will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.

6. Notification. Selected winners will be notified by email by 18 August 2014. If a winner does not respond within 7 days of first notification attempt, if any prize notification is returned as undeliverable, or in the event of noncompliance with these prize draw rules and requirements, the Promoter reserves the right to withdraw prize entitlement and the prize will be forfeited and an alternative winner will be selected. Upon prize forfeiture, no compensation will be given.

7. Conditions. Participation in the prize draw and acceptance of prize constitutes winner’s permission for Promoter to use his/her name, address (city and state/province/country), likeness, biographical information and any statements made by winner regarding the purposes without notice or additional compensation, except where prohibited by law. On entering the competition entrants agree to take part in any pre and post-event competition publicity if required. By participating, and insofar as is permitted by law, entrants, winner and travel companion agree to release and hold harmless VisitScotland, and their respective advertising and promotion agencies, their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the prize draw, or possession, acceptance and/or use or misuse of prize or participation in any prize draw related activity and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Promoter is not responsible if any portion of the prize cannot be awarded due to travel cancellations, delays or interruptions due to Acts of God, Acts of War, natural disasters, weather or terrorism.

Entrants who do not comply with these Official Rules, or attempt to interfere with this prize draw in any way shall be disqualified.  No substitutions or cash redemptions available, in whole or in part. In the case of unavailability of all or any portion of the prize(s), or owing to circumstances outside the reasonable control of the Promoter, Promoter reserves the right to substitute a prize of equal or greater value. There is no purchase or sales presentation required to participate. A purchase does not increase the odds of winning. The prize is not transferable in any way (except by Promoter) and must be taken by the designated winner and his/her chosen travel companion. The winner and travel companion are responsible for their own travel insurance, and valid passports.

8. Additional Terms. Promoter reserves the right to cancel, terminate, modify, or suspend this prize draw should circumstances make this unavoidable, including, but not limited to virus, bugs, non-authorised human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the prize draw. In such case, Promoter may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Promoter. Promoter reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the prize draw or Web site.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PRIZE DRAW MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8b. For USA and Canada

Participation The Promotion is open only to residents of the 50 United States and DC who are eighteen (18) years of age or older at the time of participation. Persons in any of the following categories are NOT eligible to participate or win prizes in the Promotion: (a) any person who on or after (start date)  was or is an   owner or employee or a director, officer, employee, agent, or independent contractor of: Promoter; any of their respective parent companies, subsidiaries, affiliated companies or service agencies; and any entities retained by Promoter for the administration of the Promotion; (b) individuals who are engaged in the development, production or distribution of Promotion materials or the prize supply for the Promotion; and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who reside in the same household as, any person in any of the preceding categories. Void outside the 50 United States, DC and where prohibited.

ARBITRATION DISCLOSURE: By participating in this Promotion in the applicable states of the United States and D.C. each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Releasees arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of Prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Promoter; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Promotion; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or Promoter’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the Participant and Promoter shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Promoter exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Promoter agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator.  In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Promoter will pay as much of the Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by  AAA, 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 (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Promoter nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019.

This prize is open to residents in Australia, Austria, Belgium, Canada, France, Germany, Italy, Spain, Sweden, Switzerland, The Netherlands, New Zealand and the USA. Not Open to Residents of the Province of Quebec.
 
9. Use of Data. Promoter will be collecting personal data about participants when they enter the prize draw in accordance with its privacy policy. Marketing information will be sent only to entrants who have "opted-in" to receive further information from VisitScotland and its affiliates. Please review the Promoter’s privacy policy at www.visitscotland.com/sitewide/privacypolicy. By participating in the prize draw, entrants hereby agree to Promoter’s collection and usage of their personal information and acknowledge that they have read and accepted Promoter’s privacy policy. All ‘opt-in” entrants are welcome to discontinue receiving the emails at any time by using the unsubscribe link in any email we send to you.

10. Winner Information. To obtain the names country and locality of the winner after 31 August 2014 please write to VisitScotland International Sweepstakes, c/o International Marketing, VisitScotland,.Ocean Point One, 94 Ocean Point Drive, Edinburgh, Scotland, UK, EH6 6JH.

11. Promoter. VisitScotland, Ocean Point One, 94 Ocean Drive, Edinburgh, Scotland, UK, EH6 6JH.