The $10,000 Treasure Hunt (the “Promotion”) is sponsored by Explorica, Inc. (the “Promotion Sponsor”). The Promotion Sponsor will operate a series of ten (10) tours, as listed in Section 1 below, each with a skill-based “treasure hunt” component (each, a “Treasure Hunt Tour”).
1. ELIGIBILITY:
Tour Group Eligibility. To be eligible to participate in the Promotion, a tour group must be either a Private Tour Group or a Consolidated Tour Group and registered in one (1) of the Treasure Hunt Tours (each, an “Eligible Tour Group”). A “Private Tour Group” is a tour group consisting of at least thirty-five (35) full-paying tour participants. A “Consolidated Tour Group” is comprised of more than one tour group, each tour group with at least twenty (20) full-paying tour participants that are participating together in the same Treasure Hunt Tour. The total number of tour participants constituting a Private Tour Group or a Consolidated Tour Group may not exceed fifty (50) total travelers. Commercial enterprises and business entities are not eligible to participate in a Treasure Hunt Tour.
Participant Eligibility. In order to participate in the Promotion, individual tour participants must be legal residents of Ontario, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta or Newfoundland and Labrador, who are at least ten (10) years of age at the time of their Eligible Tour Group’s Treasure Hunt Tour departure and have fully enrolled and paid for their Treasure Hunt Tour (each, a “Tour Participant”). Where lawful, all Tour Participants must also supply all requested release agreements and/or waivers to the Promotion Sponsor upon enrolment. By participating in the Promotion, each Tour Participant and his or her parent or guardian (as applicable) accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Promotion Sponsor and warrants that she/he is eligible to participate in the Promotion. Employees, independent contractors, officers, and directors of the Promotion Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Promotion. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, provincial and local laws and regulations.
Tour Eligibility: Eligible Tour Groups must be registered for one (1) of the following ten (10) Treasure Hunt Tours operating on the dates specified below in order to participate in the Promotion:
Paris & London Treasure Hunt Tour
May 27 - June 4, 2010
July 1 - July 8, 2010
Madrid & Paris Treasure Hunt Tour
June 10 - June17, 2010
June 23 - June 30, 2010
Madrid & Barcelona Treasure Hunt Tour
June 1 - June 8, 2010
July 5 - July12, 2010
Rome & Florence Treasure Hunt Tour
June 14 - June 21, 2010
June 30 - July 7, 2010
Art of France & Italy Treasure Hunt Tour
June 1 - June 10, 2010
June 21 – June 30, 2010
Treasure Hunt Tour departure dates are subject to change at the Promotion Sponsor’s sole discretion.
A tour group may register for any one of the Treasure Hunt Tours through the Promotion Sponsor’s website (www.explorica.ca), paper application (mailed to: Explorica, Inc., 3080 Yonge Street, Suite 5052, Box 32, Toronto, ON M4N 3N1) or via the phone (888.378.8845). Any registrations received less than 99 days prior to the chosen Treasure Hunt Tour’s departure date will be subject to certain fees and may be subject to limitations. Please see www.explorica.ca for more details regarding registration and tour booking. Eligibility requirements set forth above regarding Tour Group Eligibility and Participant Eligibility apply. Only one (1) Eligible Tour Group per Treasure Hunt Tour may participate in the Promotion and will be determined on a first come, first serve basis. Participation in the Promotion is voluntary.
Once a tour group is registered, each tour group leader will be notified via email and given access to their Treasure Hunt Tour’s individualized webpage (the “Tour Center”). Each tour group leader will then provide each Tour Participant with access to the Tour Center. The contest period will begin for each Eligible Tour Group when their Tour Center is created and the contest period will end prior to the departure of the return flight home on the last day of their Treasure Hunt Tour (each, a “Contest End Date”) (such period referred to herein as a “Contest Period”).
2. PRIZE: Each Eligible Tour Group is eligible to win a prize that is to be awarded to its chosen Designated School (as defined below). Each Private Tour Group (as defined in Section 1 above) is eligible to win a $10,000 cash prize. Each Consolidated Tour Group (as defined in Section 1 above) is eligible to win a $10,000 cash prize that will be equally divided amongst the tour groups that comprise the Consolidated Tour Group, who have earned the necessary 10,000 points during the applicable contest period (as described in Section 3 below), and distributed to each of the tour group’s Designated Schools accordingly. Each prize awarded shall be issued only to the Designated School(s). Neither an Eligible Tour Group nor its Tour Participants shall have any right to any portion of a prize if won. Only one (1) prize can be awarded per Eligible Tour Group. The total value of all prizes to be awarded by the Promotion Sponsor in connection with the Promotion shall not exceed $100,000.
Each Eligible Tour Group leader must designate a school of their choice to receive their Eligible Tour Group’s prize, if any, one hundred and twenty (120) days prior to the Eligible Tour Group’s date of departure (each, a “Designated School”). Only one (1) Designated School may be chosen per Eligible Tour Group. Any prize won by an Eligible Tour Group will be issued directly to the Designated School by the Promotion Sponsor. For the purposes of this Promotion, a “school” means any educational institution, including, without limitation: colleges, universities, primary and secondary schools.
The Promotion Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Promotion Sponsor is responsible only for prize delivery. Following each Contest End Date, the Promotion Sponsor will contact the Designated Schools for each winning Eligible Tour Group within five (5) days of the corresponding Contest End Date. Any and all taxes on any portion of the prize, including income and/or sales taxes, are the sole responsibility of such Designated Schools.
3. HOW TO WIN: In order to be designated a “Winning Tour Group” and win a prize, each Private Tour Group and each individual tour group that is part of a Consolidated Tour Group must each earn a cumulative 10,000 points during the applicable Contest Period. An individual tour group (that is part of a Consolidated Tour Group) that earns less than 10,000 points will not win a prize even if other individual tour groups within their Consolidated Tour Group earn the necessary 10,000 points. Points shall be awarded to a tour group upon successful completion of the clues and/or objectives provided to the tour group and its individual Tour Participants during the applicable Contest Period, as determined by the Promotion Sponsor in its sole discretion. All clues and/or objectives are skill-based requiring a skill-testing question to be answered in order to earn points. The number of points to be earned for each clue and/or objective will be determined by the Promotion Sponsor and all such decisions will be final.
Some clues and/or objectives will be provided through the Tour Center while other clues and/or objectives will be circulated to the tour group during the Treasure Hunt Tour itself. Depending on the clue or objective, points may be earned by individual Tour Participants or the tour group itself. Points may be earned by individual Tour Participants prior to the departure date by successfully completing the pre-tour clues and/or objectives provided through the Tour Center. Points earned by individual Tour Participants will be applied towards his or her tour group’s cumulative point balance. Points earned may not be transferred from one tour Group to another. The Promotion Sponsor may, in its sole discretion, transfer points earned by Tour Participants of a tour group where that tour group is being consolidated onto a different Treasure Hunt Tour or on a different departure date. Points have no cash value.
Individual Tour Participants can only begin to earn points once they have satisfied the eligibility requirements set forth in section 1 above. Every tour group has an equal chance of winning and will have an equal number of points available to be earned during each applicable Contest Period.
4. TERMINATION OR MODIFICATION: The Promotion Sponsor reserves the right to cancel, terminate, modify the rules or administration of or suspend the Promotion, or any Treasure Hunt Tour, without prior notice with no obligation or liability, including if for any reason the Promotion is not capable of running as planned, whether due to technical failure, or computer virus, tampering, fraud, or corruption of security or proper administration of the Promotion or other causes beyond the control of the Promotion Sponsor. The Promotion Sponsor reserves the right, in its sole discretion, to cancel any Treasure Hunt Tour and nullify any points earned by individual Tour Participants or Eligible Tour Groups if the Eligible Tour Group does not have the minimum number of Tour Participants required under section 1 above. Points earned in connection with a Treasure Hunt Tour that, for any reason, is cancelled or does not run, will not be valid or transferable.
5. SELECTION OF WINNERS: On each Contest End Date the Promotion Sponsor will determine in its sole discretion whether each Eligible Tour Group has accumulated the requisite number of points to be designated a Winning Tour Group. Decisions of the Promotion Sponsor will be final and without any right of appeal.
The Winning Tour Groups and their Designated School will be notified by mail, telephone or email using the information provided when the individual Tour Participant registered for the Treasure Hunt Tour, within five (5) days of the applicable Contest End Date. Prize will be issued in the form of a cheque written on behalf of the Promotion Sponsor to each Winning Tour Groups Designated School recipient and will be issued no later than five (5) business days after notification has been issued. In the event the Designated School does not accept the prize, is ineligible, or the prize or prize notification is not deliverable, an alternate school may be selected by the Winning Tour Group leader. The Promotion Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any Winning Tour Group or Designated School. By participating in the promotion, Winning Tour Groups agree to provide appropriate releases to the Promotion Sponsor allowing for the use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the individual Tour Participants of the Winning Tour Groups (or their parent or guardian if under the age of majority) may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.
6. CONDITIONS: The Winning Tour Groups will be solely responsible for all expenses not specifically set forth herein, including but not limited to Treasure Hunt Tour registration. The Promotion Sponsor, and its agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors, are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) any condition caused by events beyond the control of the Promotion Sponsor; (ii) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of the prize, or any portion thereof that may have been awarded, or in connection with participation in a Treasure Hunt Tour; or (iii) any printing or typographical errors in any materials associated with the Promotion. The Promotion Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion, in whole or in part, should any unauthorized human intervention or other causes beyond the Promotion Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. The Promotion Sponsor also reserves the right, in its sole discretion and without any right of appeal, to disqualify any individual Tour Participant and deduct any points earned by him or her from the tour group’s point balance for any actions which the Promotion Sponsor determines to be cheating, fraudulent or deceptive in any manner. By participating in the Promotion, each Tour Participant (and their parent or guardian if under the age of majority) agrees to release, discharge and hold harmless the Promotion Sponsor, and its agents, directors, officers, shareholders, employees, insurers, servants, parents, divisions, subsidiaries, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Promotion shall be governed by Ontario law and all Tour Participants (or their parent or guardian if under the age of majority) expressly agree that the Ontario courts shall have sole jurisdiction over any dispute or litigation arising from or relating to this Promotion and agree to submit to the laws of and the jurisdiction of the federal and provincial courts of the Province of Ontario, and hereby waive the jurisdiction of any other court that now or in the future could be considered competent for any reason. The venue shall only be Toronto, Ontario.
7. PROMOTION SPONSOR:
Explorica, Inc.
Explorica’s $10,000 Treasure Hunt
3080 Yonge Street
Suite 5052, Box 32
Toronto, ON M4N 3N1
8. NOTICE: The Promotion Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law.
Copyright 2009 Explorica, Inc. All rights reserved. Explorica and the associated logo are trademarks of Explorica, Inc.