TERMS & CONDITIONS
Land Rover Experience Tour Peru 2017 - Competition Terms
The general terms and conditions set out below (the “Competition Terms”) apply to the Land Rover Experience Tour Peru 2017 competition (the “Competition”) being run and administered across four (4) trial course locations, namely, one in Arizona, California, North Carolina and Vermont, by Jaguar Land Rover North America, LLC, 555 MacArthur Boulevard, Mahwah, New Jersey, 07430 (USA) and its affiliate and group companies (“Land Rover”) or any Operator appointed by JLR. This version of the Competition Terms applies to entrants in the United States (a “jurisdiction” for the purpose of this Competition and these Competition Terms).
1) Employees of Land Rover and employees of any third party affiliated with the Competition, Land Rover’s parent companies, subsidiaries, distributors and other prize suppliers, directors, officers, and each of their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and household members, whether or not related, or Land Rover’s affiliates, advisors or media/advertising/promotion agencies/partners (and their immediate family and household members whether or not related) are not eligible to enter the Competition.
2) The Competition is open only to legal residents of the fifty (50) United States and District of Columbia. Void outside the fifty (50) United States and District of Columbia and where prohibited by law.
3) You must have a valid email address in order to enter this Competition and to win a Trials Prize (as defined below).
4) You must be aged at least 21 years to enter the Competition and claim the Trials Prize (as defined below).
5) You must be able to travel to Peru during the following time periods: from October 28, 2017 through November 5, 2017 and from November 4, 2017 through November 10, 2017 (additional details provided below).
6) You must hold a valid and current United States driver’s license and be able to complete a driver’s license declaration form. You must have at least three (3) years uninterrupted driving experience on a valid driver’s license without a conviction for any driving offense or serious accident (which includes any accident involving any form of personal injury) in the last two (2) years. Winner must be in good physical condition and have no injuries, ailments or impairments that could jeopardize his/her safety or the safety of others while participating in the Competition, and may be required to sign an additional release and waiver as provided by Land Rover.
7) Your entry into the Competition is subject to your acceptance of, and compliance with, these Competition Terms, and any terms contained in applicable promotional material.
8) The prizes available to be awarded for the Competition are as follows:
A total of four (4) prizes, with one (1) prize per eligible Trials Course location in Arizona, California, North Carolina and Vermont will be available to be awarded to entrants who are subject to this version of the Competition Terms (each a “Trials Prize”). Each Trials Prize consists of a trip for one person to participate in one wave of the Land Rover Experience Tour 2017 in Peru. The trip includes round-trip economy class air transportation for each winner from the major international airport nearest winner’s residence to an airport in Peru designated by Land Rover (charter flights may be necessary); hotel or wilderness camping accommodations; round-trip ground transportation between designated airports in Peru; and meals. Itinerary for trip will be provided to winner at time of prize notification. Approximate Retail Value (“ARV”) of each Trials Prize is USD$15,000. The winner’s trip must be taken during one of the following two (2) waves determined by Land Rover in its sole discretion: from October 28, 2017 through November 5, 2017 (from the city of Cusco to Huancayo in Peru) and from November 4, 2017 through November 10, 2017 (from the city of Huancayo to Pisco in Peru). If an agreement cannot be reached with winner regarding the selection of the designated wave within seven (7) days of notification of the Trials Prize, Land Rover may select an alternate winner for the Trials Prize with the assistance of the judging panel. All travel details are at Land Rover’s sole discretion.
Prize requirements, restrictions and exclusions
9) The Trials Prize does not include any costs and expenses relating to the Trials Prize or enjoyment of the Trials Prize not specified in these Competition Terms, including without limitation expenses for food and refreshments unless otherwise specified to the winner in writing.
10) Where a Trials Prize involves travel:
a. It shall not, unless expressly specified to the contrary in these Competition Terms, include taxes, ground transfers, additional transportation, food and beverages, gratuities, incidentals, baggage costs, telephone calls, excursions, charges for changing dates and/or reservations, additional accommodation and any other expenses that might reasonably be incurred by the winner in receiving or using the Trials Prizes, unless otherwise specified to the winner in writing;
b. The winner must have, and is solely responsible for obtaining, all necessary identification and/or travel documents and visas required for travel, including, but not limited to, a passport valid for at least 6 months at the time of travel and any necessary Visas and vaccinations. Land Rover may assist where necessary in its sole discretion;
c. The winner’s name used for the Competition entry must match valid government issued identification;
d. A valid credit or debit card may be required for security deposit purposes when checking into any hotel included in a Trials Prize;
e. Released Parties (defined below) are not responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, third party prize providers or any other persons involved in providing any prize-related goods, services or accommodations;
f. Released Parties will not be responsible for missed flights, trains, buses, etc. for any reason, winner’s failure to book or confirm the same consistent with Land Rover’s instructions, or any resulting expenses;
g. Released Parties are not responsible if the winner is denied entry to, or re-entry from, any aircraft, Peru or the United States. In such event, the winner will be solely responsible for all additional expenses incurred and may waive participation in the Trials Prize, in whole or in part;
h. The winner must depart from and return to the same departure point;
i. The winner will share a vehicle and driving time with one other Trials Prize winner for the duration of the trip (winner may not be able to exchange vehicles with other Trials Prize winners, any vehicle changes will be at the absolute discretion of Land Rover);
j. Itinerary for each Trials Prize to be determined by Land Rover in its absolute discretion;
k. Frequent flyer points will not form part of the Trials Prize; and
l. All travel details, including, but not limited to, air carrier and hotel and other accommodations, will be determined by Land Rover in its sole discretion.
11) In the event of war, terrorism, state of emergency or disaster, Land Rover reserves the right to cancel, terminate, modify or suspend the Competition or suspend or modify the Trials Prize.
12) Each winner will be exclusively responsible for any potential taxes due as a result of being awarded a Trials Prize.
13) Trials Prizes are subject to availability and Land Rover reserves the right to substitute any Trials Prize (or portion thereof) for another prize of comparable or greater monetary value at its sole discretion.
14) Trials Prizes are non-negotiable, must be accepted as awarded and may not be exchanged for any cash or other alternative (subject to the sole discretion of Land Rover), are not transferable, divisible, permitted to be sold or resold, or offered for sale by winners and are not for use in conjunction with any other promotion or offer. Trials Prizes cannot be replaced or refunded in the event of loss, theft or missed opportunity.
15) Any Trials Prize, if won, could result in time off from work or study. You should ensure prior to entering the Competition that you are able to take this time off from work or study, where necessary. It is the sole responsibility of the winner to arrange time off if necessary.
16) To the fullest extent permitted by applicable law, Trials Prizes will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
17) The winner acknowledges that the Trials Prize is an expedition and not a vacation. The winner will be expected to participate in long days of driving, including periods of extreme off-road driving in varying weather conditions, with other participants in the vehicle. Winner acknowledges that the driving portion of the Trials Prize is a dangerous activity which may result in injury or death, and participates at his/her own risk. By accepting and participating in the Trials Prize, the winner represents that he/she is in good physical and mental health, and does not suffer from any condition or injury which might jeopardize his/her health or safety during participation in the Trials Prize. Winner acknowledges that accommodations will include camping which may require rigorous physical activity involved in setting up camp and cooking. Winner must be able to travel to Peru and spend extended periods of time at altitudes in excess of 15,944 feet.
18) Land Rover retains absolute discretion to decide whether the winner is fit to travel; the winner may be required to provide a certificate of good health by a medical practitioner. Land Rover will not be liable to pay compensation to any winner or Guest who is deemed unfit or unable to travel.
19) The Release Parties are not responsible should the winner be dissatisfied with the Trials Prize.
20) In order to enter the Competition, you must follow the entry process set out below or otherwise indicated in any promotional material. The entry process involves driving an off-road trials course (a “Trials Course”). Each Trials Course will be timed and will require driver accuracy to avoid hitting gates consisting of canes or other obstacles. Each entrant will be accompanied by an instructor right seat in the vehicle. No guest passengers other than the instructor are permitted in the vheilce during the Trail.
21) In order to enter the Competition, entrants must participate in a Trials Course during the Overland Expo West in Flagstaff, Arizona scheduled on May 12, 2017 (“Overland Opening Date”) through May 14, 2017 (“Overland Closing Date”), or at a Land Rover Experience Center located in the United States between June 1, 2017 (“LREC Opening Date”) and August 31, 2017 (“LREC Closing Date”) (Overland Opening Date and LREC Opening Date are collectively known as “Opening Dates” and Overland Closing Date and LREC Closing Date are collectively known as “Closing Dates”).
22) All entries are deemed to be entered into the Competition at the time of participation in the Trials Course. Each entrant may use only one email address to participate in the Competition.
23) Entries received after the Closing Dates will not be accepted.
24) A Competition participant is limited to one entry (i.e., a single Trials Course attempt) at the Overland Expo West and one entry at each Land Rover Experience Center. Entrants may not repeat a Trials Course at any of the four locations.
25) Entrants must have a sense of adventure and be ready for a challenge. Entrants must complete a Trials Course with the maximum accuracy in the minimum amount of time. Entrants must drive the Trials Course by negotiating off-road terrain and obstacles with accuracy to avoid contact with gates and complete the course in the shortest possible time. Entrants’ contact with gates will result in penalties which will be applied to the entrants’ score. As discussed further below, Land Rover Experience staff and/or Land Rover agents will form a judging panel and record the scores, times and penalties. Land Rover will select a winner for each Trials Prize with the assistance of the judging panel.
26) Land Rover reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who Land Rover has reason to believe has breached any of these Competition Terms, tampered with the entry process or engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at Land Rover’s discretion. Failure by Land Rover to enforce any of its right at any stage does not constitute a waiver of those rights. Land Rover’s legal rights to recover damages or other compensation from such an offender are reserved.
27) If there is a dispute as to the identity of an entrant, Land Rover reserves the right, in its sole discretion, to determine the identity of the entrant.
28) Land Rover reserves the right to disqualify any entrant (and void all associated entries) that it feels has sought to take an unfair advantage over other entrants by using such technologies or otherwise in its sole discretion.
29) Released Parties will not be responsible or liable for: (a) any failure to receive entries due to transmission failures and other conditions beyond its reasonable control; (b) any Competition disruptions, injuries, losses or damages caused by events beyond the control of Land Rover; or (c) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the processing or judging of entries, the announcement of Prizes or in nay Competition-related matters.
30) This Competition is an exercise of skill and chance plays no part in determining the winners. The Competition involves selection of winners by a judge or judging panel following the Closing Dates. The winner of the Trials Prize will be selected from all valid entries after the Opening Dates but before the Closing Dates in each particular Trials Course location. A different panel of judges may be used for each participating Trials Course location for determination of the winner of Trials Prize. At each Trials Course location, the participant with the greatest accuracy (i.e., the least amount of contact with course gates) and completes the course in the shortest time will win a Trials Prize.
31) Land Rover Experience staff and/or Land Rover agents will judge and record the scores, times and penalties. Rankings as judged by Land Rover are final. In the event of a tie for any Trials Prize, an additional tie-breaking judge will re-judge all tied entries using the judging criteria set forth herein to determine the winner. Land Rover reserves the right to not award any Trials Prizes if, in its sole opinion, it does not receive a sufficient number of eligible and qualified entries. Judging scores will not be revealed.
32) The relevant judging panel will select the winning entry for each Trials Prize based on a fair objective judging criteria. The Trials Courses will be different at leach location but will be of similar difficulty. Entries will be judged on the scores pertinent to each location. Entrants’ chances of winning depend on their skill in driving the Trials Course and meeting the applicable criteria to the satisfaction of the judges.
33) Land Rover reserves the right to verify the identity and age of a winner prior to awarding any Trials Prize. Winners may also be subject to a criminal record or associated background check to ensure suitability of representing the brand.
34) The winners will be notified by e-mail. The winners of the Trials Prizes will have seven (7) days from the date and time the notification was sent to claim the Trials Prize by replying in the way required in the notification.
35) If the winner (or later substitute winner) of a Trials Prize does not respond within this timeframe, Land Rover reserves the right to disqualify the winner and instruct the judging panel to select a substitute winner, at its sole discretion.
36) The winner’s name and state, or jurisdiction (as applicable) may be made available by Land Rover on the Competition website for a limited time once the winner has been selected.
37) Third party suppliers of a Trials Prize (including venues) may also often stipulate their own terms, conditions or restrictions and all Prize winners agree to be bound by these. Any Trials Prize which is a voucher may be valid for a limited time and include additional restrictions, and winners must be sure to use the voucher within this time and in compliance with such restrictions.
38) The winner may be required to sign and return any documents reasonably requested by Land Rover including an Affidavit of Eligibility and Liability/Publicity Release, prior to receiving any portion of a Trials Prize. Failure to return any required document by the date requested will render the potential winner ineligible to receive a Trials Prize. If any documentation is not returned as requested within 72 hours of notification via transmission to the email address provided in the entry or other method, or if a potential winner is deemed ineligible prior to a Trials Prize being awarded, Land Rover may, in its sole discretion, award a Trials Prize to the next alternative potential winner selected by the judging panel.
Privacy and Publicity
40) You agree that, by participating in the Competition, to the extent that you become a winner, Land Rover may use your name, image or likeness in any manner (including a photograph, film or recording of the same) and in any medium now or hereafter devised, for our advertising, promotional and other purposes, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. You may be required to sign a document to this effect.
41) If you win a Trials Prize, you agree that Land Rover may photograph, film and otherwise record you on the trip in Peru. You agree that Land Rover shall own all right, title and interest in the Trials Prize footage and that Land Rover, its designees, successors and assigns may exploit, edit, modify, post, create derivative works of, distribute and otherwise use the Trials Prize footage and all elements of such, including the names, likenesses, voices and performances of individuals embodied therein in whole or in part, in any manner, in any and all media now known or hereafter devised, worldwide in perpetuity, without compensation, notification or permission from you or any third party. You may be required to sign a document to this effect.
42) By participating in a Competition, to the fullest extent permitted by applicable law, you agree to release, discharge, indemnify and hold harmless Land Rover and its parent, subsidiaries, affiliates, related companies, advisors, media/advertising/promotion agencies/partners, distributors, vendors, and prize suppliers, as well as their directors, officers, advisors and employees (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to your participation in the Competition, your beach of these Competition Terms, and/or related to any Trials Prize or component of any Trials Prize (including any travel or activity related thereto).
43) Each entrant who becomes a winner of a Competition agrees (for himself or herself and his or her heirs) that, by accepting a Trials Prize, to the fullest extent permitted by law, the Released Parties will have no liability, and will be held harmless by the winner for any liability, loss, injury or damage to property or person, including death, and reasonable legal fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the Trials Prize or participation in the Competition, save that nothing in these Competition Terms shall be construed to limit or exclude any liability of a Released Party for fraudulent misrepresentation, fraud, death or personal injury caused by a the Released Party’s negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
44) In the event of exceptional circumstances outside its reasonable control and only where circumstances make this unavoidable, Land Rover reserves the right to cancel or amend the Competition or these Competition Terms at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
45) To the fullest extent permitted by applicable law, Land Rover excludes all liability for any costs, expenses, loss or damage whether direct, indirect, consequential or economic arising (whether in contract, tort or otherwise) out of or in connection with your participation in the Competition, entry into these Competition Terms or receipt or use or misuse of any Trials Prize (including travel or activity related thereto).
46) The decisions of Land Rover are final and legally binding on all entrants, and no correspondence will be entered into with entrants or any other person except as contemplated herein.
47) Competition is subject to all applicable federal, state and local laws.
48) The Competition and these Competition Terms are governed by the internal laws of the State of New Jersey, without regard to its conflict of law principles. Any legal proceeding concerning these Competition Terms must be brought exclusively in the state or federal courts located in New Jersey and you irrevocably submit to the personal jurisdiction and venue of such courts.
Sponsor/Promoter: The Sponsor/Promoter of the Competition is Jaguar Land Rover North America, LLC located at 555 MacArthur Boulevard, Mahwah, New Jersey, 07430.