CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. You have not yet won a prize. Each prize valued at $250. Starts 12/19/16. Ends 12/28/16. See Official Rules for prize restrictions. Odds of winning depend on total number of eligible entries received. The Sponsor of this Sweepstakes: Carnival Corporation, 3655 NW 87th Avenue, Miami, Florida 33178.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. MASTERCARD IS NOT A PARTICIPANT IN OR SPONSOR OF THIS SWEEPSTAKES.
1. Eligibility. The Carnival 2017 Wave Sweepstakes (the “Sweeps”) is open only to individuals who are legal residents and physically located in 1 of the 50 states in the United States, the District of Columbia, or Puerto Rico, and who are at least 21 years of age or older at the time of entry. Employees, officers and directors of Carnival Corporation (“Sponsor”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (with Sponsor collectively, the “Sweeps Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweeps or win a prize. For purposes of this Sweeps, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least 3 months a year, whether legally related or not. Void where prohibited by law. By participating in the Sweeps, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
2. Entry Period. The Sweeps begins on or about 12:01 a.m. Eastern Time on 12/19/16 and all entries must be received by the Sponsor on or before 11:59 p.m. Eastern on 12/28/16 (the “Entry Period”).
3. How to Enter. The following are the methods of entry for this Sweeps: (i) Online Entry: To enter the Sweeps, during the Entry Period, you may visit the Sweeps website at www.carnival.com/ColorMeCarnival (the “Website”). The Website will contain a description of the Sweeps and the official entry form. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, email address and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible. Limit of 1 online entry per person. Once registered on the Website, entrants to the Sweeps will have the option to earn additional entries as follows: (a) Illustration Upload Method of Entry: After an entrant to the Sweeps submits his/her entry form through the Website, entrants will be prompted with an opportunity to obtain an additional entry by coloring and uploading their coloring page to the Website. Limit of 1 illustration upload entry per person. (b) Send-to-a-Friend Method of Entry: After submitting your entry form through the Website, entrants will be prompted with an opportunity to obtain up to 10 additional entries to the Sweeps by referring friends and relatives to receive a promotional message from Sponsor. For each valid email address submitted using the form provided on the Website, entrant will receive 1 additional entry into the Sweeps. Remember you are only permitted to provide email address of individuals that you know personally and have a personal relationship with. Any mass spamming of emails or text messages to individuals will result in your disqualification from the Sweeps, in Sponsor’s sole discretion. Individuals may not earn additional entries through the refer-a-friend method of entry by referring friends residing in Canada or otherwise outside of the United States.
There is a total maximum limit of 12 entries per person for this Sweeps. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in disqualification. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweeps at Sponsor’s sole and absolute discretion. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Website’s database clock will be the official timekeeper for this Sweeps. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules may be disqualified. All entrants submitting content as part of the Sweeps will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsor the right to use such content, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
4. Selection of Winners and Prize Claiming. There will be 10 winners selected in this Sweeps. The potential winners will be selected through a random drawing on or about 7/3/17 from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweeps, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final. The potential winners will be notified using the information provided during entry by any of email within 5 business days after the drawing. The Sweeps Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. The Sweeps Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Sweeps Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
5. Odds. Odds of winning will depend upon the total number of eligible entries received.
6. Prizes and Values. Each winner in this Sweeps will receive the following prize: 1 MasterCard® prepaid cash card issued in the amount of $250 (USD). Reference to third parties in connection with prizes are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweeps. The prepaid card prize is subject to all terms, conditions and restrictions stated on the card and any imposed by the issuer. Card may be subject to other fees as imposed by issuer, including those available here: http://www.carnival.com/cruise-deals/vifp-club/past-guest-offers-colormecarnivalmcgc/terms.aspx. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Limit 1 prize per person for the Entry Period. The total ARV of all of the prizes awarded in this Sweeps is $2,500.
7. Publicity Release. Subject to applicable law, winners irrevocably grant the Sweeps Entities the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweeps, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
8. Tampering with Sweeps. The Sweeps Entities are not responsible for the actions of entrants in connection with the Sweeps, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweeps. Persons found tampering with or abusing any aspect of this Sweeps, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweeps, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Sweeps. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
9. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweeps by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweeps by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweeps or prize.
10. Waivers, Disclaimers and Releases. By participating in the Sweeps, entrant agrees to release, discharge, indemnify and hold harmless the Sweeps Entities, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”), from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweeps (including travel to/from any Sweeps activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweeps activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweeps and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweeps; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweeps and to release all rights to bring any claim, action or proceeding against Released Parties.
11. Entry Information and Sweeps Communications. As a condition of entering the Sweeps, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweeps and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweeps or on a Sweeps winner’s list. By participating in the Sweeps, you hereby agree to the collection and use of your personal information and acknowledge that you have read and accepted the Sponsor’s Privacy Policy at http://www.carnival.com/about-carnival/legal-notice/privacy-policy.
12. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweeps will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. BY ENTERING THE SWEEPS, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPS, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Miami-Dade County, Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweeps shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Miami-Dade County, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Miami-Dade County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. List of Sweeps Winners. To receive a list of winners, send a stamped self-addressed envelope to: “Carnival Corporation Wave Sweepstakes Winners List”, 3655 NW 87th Avenue, Miami, Florida 33178, Attn: Customer Marketing. Requests must be received by April 30, 2017.
15. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweeps-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
16. Sponsor. This Sweeps is sponsored by Carnival Corporation, 3655 NW 87th Avenue, Miami, FL 33178.
17. Opt-Out. If you do not wish to receive future sweepstakes mailings from Carnival Corporation, please send your complete name and mailing address to: Name Removal Request, Carnival Opt-Outs, 3655 NW 87th Avenue, Miami, FL 33178.