BARCLAYCARD TRAVEL COMMUNITY 2017 TRAVEL MEMORY SWEEPSTAKES (the "PROMOTION")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID OUTSIDE THE 50 UNITED STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND WHERE OTHERWISE PROHIBITED.
1 - DESCRIPTION: NO PURCHASE NECESSARY. The Promotion is a game of chance in which individuals (the "Entrants") are invited to submit an entry (the "Submission") in response to sharing their favorite travel experience from 2017 via a brief story and photo. Both the story and photo together are collectively the "Entry" and/or "Submission". Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2 - ELIGIBILITY: Promotion is open to legal residents of the 50 United States, including the District of Columbia and Puerto Rico, 18 years of age or older at time of entry and who are registered members of the Barclaycard Travel community. Officers, directors, employees and agents of Barclaycard, its parent, subsidiaries, affiliates, retailers, advertising and promotion agencies, and Marden-Kane, Inc. (the "Administrator") (collectively, the "Releasees"), and the immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and persons living in households of each, whether or not related, are ineligible. Sponsor reserves the right to disqualify participants who violate these official rules (the "Official Rules") or interfere with this Promotion in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant's eligibility to participate in this Promotion.
3 - ENTRY PERIOD: The Promotion begins at 12:00:00 a.m. Eastern Time (ET) on January 2, 2018 and ends at 11:59:59 p.m. ET on January 31, 2018 (the "Promotion Period"). Entrant may submit one Submission for the entire Promotion Period. Barclays Bank Delaware's (Barclaycard's, or the "Sponsor") computer, or that of its designee, runs the official clock for the Promotion and will solely determine the time by which a Submission is received.
To Enter: To participate in the Promotion, go to https://www.barclaycardtravel.com, log in with your Travel Community username and follow the instructions provided on the online entry form including:
(1) Provide the requested registration information.
(2) Tell us your favorite 2017 travel memory.
(3) Upload your original photograph that helps illustrate your 2017 travel memory.
(4) Agree that you are 18 years of age or older.
(5) Read and accept the Official Rules.
(6) Click the "Submit" button.
Story & Photo requirements and guidelines:
Story must have the following requirements/guidelines:
- Story must be written in English.
- Story must be at least 50 fifty (50) words.
- Story must be the original work of the Entrant.
- Maximum File Size: 1MB.
- Photo Formats: .GIF, .JPG or .PNG, file formats.
- Photo must be an original and owned by the Entrant.
5 - ADDITIONAL CONDITIONS OF ENTRY: All Promotion Submissions must be submitted by 11:59:59 p.m. ET on January 31, 2018. Entrants must provide all required information on the entry form to be eligible to enter. All Submissions will be screened to make sure that they meet eligibility requirements. Incomplete or inaccurate Submissions are void. By entering, each Entrant acknowledges compliance with these Official Rules including all eligibility requirements. Submissions that do not meet the following Entry Requirements are subject to disqualification and/or removal from the Website, each at Sponsor's sole and absolute discretion:
Entry Content Requirements:
- Submission MUST NOT have won any previous award or been submitted in any other competition, and must be a previously unpublished and previously un-produced work.
- Submission MUST NOT contain material that violates or infringes another's rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
- Submission MUST NOT include or mention any copyrighted material, contain logos, brand or product names or trademarks, except those of the Sponsor other than material in which the Entrant owns copyrights.
- Submission MUST NOT contain material that is, as determined, in Sponsor's sole discretion, tortious, defamatory, slanderous, or libelous.
- Submission MUST be in keeping with Sponsor's image and MUST NOT be false, fraudulent, deceptive, misleading, disparaging, obscene, pornographic, hateful, indecent, threatening, discriminatory, profane, contain material that is threatening to any person, place, business, group or world peace or otherwise is offensive, as determined by Administrator or Sponsor at their sole and absolute discretion.
- Submission MUST NOT invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights, including, but not limited to, intellectual property rights, and the right to submit or use same shall not be restricted.
- Submission MUST NOT include material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Submission is created.
- Submissions MUST be the Entrant's original work (modification of an original work is not an original idea) or in the public domain and must be the Entrant's own original creation executed solely by Entrant.
- Submission MUST NOT copy or otherwise plagiarize from any source.
- Submission MUST be suitable for presentation in a public forum.
- Submission MUST NOT suggest, depict, or describe any inappropriate, unlawful, or dangerous use of Sponsor's products.
6 - RANDOM DRAWING: The Grand Prize Winner will be selected in a random drawing on or about February 5, 2018 from among all eligible entries received. Drawing will be conducted by Sponsor, or its designated agent. Odds of winning the Grand Prize depend upon the total number of eligible entries received.
7 - PRIZES: One (1) Grand Prize: $10,000 cash. Value ("V"): $10,000. Prize will be awarded in the form of a check made payable to the Grand Prize Winner. In addition, the Grand Prize Winner will also receive a check in the amount of 30% of the value of the prize that can be used to assist with the payment of associated taxes. Depending upon a Winner's federal tax rate, this amount may only cover a portion of the tax liability owed. Please consult a tax professional for more information. Value ("V"): $3,000. Total Value of Grand Prize $13,000.
8 - ADDITIONAL CONDITIONS OF PRIZE: Prize will be awarded provided there are enough eligible entries received and prize is claimed properly in accordance with these Official Rules. Prize is awarded "as is" with no warranty or guarantee, either expressed or implied by Sponsor. Prize is nontransferable, non-assignable and may not be substituted in whole or in part except as provided herein. Prize Winner is responsible for the payment of taxes on the prize and for any other costs and expenses associated with the acceptance and use of the prize.
9 - WINNER NOTIFICATION: The potential Grand Prize Winner will be notified via email and/or phone that was provided on the entry on or about February 6, 2018, and will be required to complete, sign, and return an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the "Affidavit"). Completed documents must be returned within five (5) days from prize notification date or the prize will be forfeited and awarded to an alternate potential Winner.
If the potential Prize Winner does not return the required documents within the stated timeframe, they will be disqualified and an alternate Prize Winner will be determined. In the event of non-compliance with these rules, or if the prize or prize notification is unclaimed or returned as undeliverable, the prize will be forfeited and, at Sponsor's discretion, awarded to an alternate potential Prize Winner. If the prize is won by an eligible individual who is not of the legal age of majority in the state of residence ("minor"), the required documents must be confirmed and signed by Prize Winner's parent or legal guardian, and the prize will be awarded in the name of his/her parent or legal guardian, who will be required to fulfill all requirements imposed on the Prize Winner set forth herein.
By entering the Promotion, Entrants, or, if minors, their parents or legal guardians, agree to the use by Sponsor and its designees of their names, cities and states of residence and photographs/likenesses for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation, notification, or permission, except where prohibited by law. Upon request, Prize Winners must consent to such in writing.
10 - ADDITIONAL TERMS AND CONDITIONS: Normal Internet access, phone, and usage charges imposed by Entrant's online or phone service may apply. Each Submission must be manually key stroked and manually entered by the individual Entrant; bulk, third-party, automated and/or repetitive electronic Submissions (including, but not limited to, Submissions made using any script, macro, bot or promotion service) will be disqualified. Any attempt by any Entrant to obtain more than the stated number of permitted Submissions by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant's Submission, and that Entrant may be disqualified at Sponsor's discretion. In the event of a dispute as to the identity of a specific Entrant, the Submission will be deemed to have been made by the registered account holder of the e-mail address for the potentially winning Submission, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address account by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential Promotion Winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address account for the potentially winning Submission. If a dispute cannot be resolved to Sponsor's satisfaction, the Submission in question may be disqualified in Sponsor's sole discretion.
By entering the Promotion, each Entrant represents and warrants the following: (a) he or she has read, understands and will follow the Official Rules; (b) the Submission, and all materials and matter therein: (1) is wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; (c) he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder; and (d) Sponsor's use of any Submission shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Releasees (defined below) harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules.
Those who do not abide by these Official Rules, the instructions of Sponsor and the Website and provide all required information will be disqualified in Sponsor's sole discretion. Submissions into the Promotion will be publicly posted for all users of the Application to view. Entries or participation will not be acknowledged or returned.
11 - GRANT OF RIGHTS: By entering, except where prohibited by law, each Entrant grants to the Sponsor and their agents and assigns in perpetuity the irrevocable, sub-licensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Submission in any and all media, including but not limited to paper format, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each Entrant agrees that the Releasees may, but are not required to attribute the Submission to an Entrant. Each Entrant waives and releases the Releasees from any and all claims that Entrant may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to the Releasees' exploitation of entries without further notification or compensation to Entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Releasees and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any elements embodied in the Submission or any derivative works, infringe or violate any of Entrant's rights therein. Each Entrant agrees to execute any documents that Releasees may require to affect such grant of rights. Prize Winner grants the Releasees the right to use and publish his/her name, entry submission or elements, likeness, picture, voice, and/or any information contained in his/her Submission, online, in print and in any other media for advertising and promotional purposes worldwide, and in perpetuity without additional compensation, notice, review, or approval, unless prohibited by law. Nothing contained in these Official Rules obligates the licensed entities to make use of any of the rights granted herein and Prize Winner waives any right to inspect or approve any use.
Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Promotion.
12 - GENERAL CONDITIONS: The Releasees are not responsible for the actions of Entrants in connection with the Promotion, including Entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, 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 promotions. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Promotion, except as expressly set forth in these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the Submission process, the Website, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for: (1) any lost, late, incomplete, stolen, misdirected, undelivered, delayed, garbled, incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Submissions; (5) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion or receipt or use or misuse of any prize. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Promotion and from among the eligible, non-suspect entries received up to the time of the impairment, conduct a random drawing to award the prize.
13 - LIMITATIONS OF LIABILITY AND RELEASES: By participating in this Promotion, Entrant agrees that Releasees and each of their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the "Releasees") will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this Promotion or in any Promotion- or Prize-related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise or other prize delivery. By participating in this Promotion, Entrant agrees that the Releasees will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of the Website or Application associated with this Promotion or the downloading from and/or printing material downloaded from such Website and/or Application. If any use by Sponsor of the Entries causes it to be liable to any third party, Entrant agrees to indemnify, defend and hold harmless Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorneys' fees), which it incurs as a result of its use of the Entries. Releasees 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 e-mail or other account to receive messages. Without limiting the foregoing, everything regarding this Promotion, including the Website and all prizes, are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
14 - JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. In addition, any dispute relating to the Promotion (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the State of Delaware. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum nonconveniens or lack of personal jurisdiction they may have.
15 - PRIVACY: Entrant understands that Entrant is providing information to the Sponsor and Administrator. As a condition of entering the Promotion, 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 Promotion and complying with applicable laws, regulations, and rules. The information provided by Entrants will only be used for the purpose of contacting potential Prize Winners unless Entrant opts-in to use in a different manner. The Sponsor and the Administrator will not share this information with third parties (other than the Sponsor's or Administrator's prize fulfillment agent, if applicable) or use this information for marketing or promotional purposes unless Entrant has opted-in to receive additional information and promotional materials from Sponsor. For information regarding Sponsor's privacy practices, please visit https://www.barclaycardus.com/servicing/footerLinks?handlePrivacy=.
16 - WHO WON: To receive the name of the Grand Prize Winner, available after February 11, 2018, send an email with the subject line: "Travel Community 2017 Travel Memory Sweepstakes" to email@example.com. Requests must be received by February 15, 2018. The name of the Grand Prize Winner will be sent once the drawing has been completed and Winner confirmed.
17 - SPONSOR & ADMINISTRATOR: Sponsor: Barclays Bank Delaware (Barclaycard), 125 S. West Street, Wilmington, DE 19801. Administrator: Marden-Kane Inc., 575 Underhill Blvd. Ste. 222, Syosset, NY 11791.
OPT-OUT: If you do not wish to receive future sweepstakes mailings from Barclaycard, send your request to Barclaycard Opt-Out (indicate email, regular mail opt-out, or both), PO Box 698, Syosset, NY 11791-0698. Requests received for email opt-out will be processed within ten (10) business days and those received for regular mailings will be processed within sixty (60) calendar days from receipt.
©2018 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.