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Last Modified: May 6, 2015.
Thank you for using Buckitdream!
Our products and services are provided by ElectricXP, Inc. under the platform brand Buckitdream (the “Company”, “we”, “our” or “us”). These Terms of Service (“Terms”) govern your access to and use of any of our websites and mobile applications (collectively, the “Services”), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms and our Privacy Policy.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by the Company on the Services are subject to change. In consideration for granting you access to and use of the Services, you agree that we and our parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy.
You understand that through your use of the Services constitutes consent and agreement to the collection and use of this information as set forth in the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing and use by us or our affiliates, successors and assigns. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Buckitdream account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Buckitdream account (such as Facebook, Twitter or your email). We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and services providers, and each of their and our respective licenses, successors and assigns. We may, but are not required to monitor or control the User Content posted via the Services and we cannot take responsibility for such User Content. Any use or reliance on any User Content or materials posted via the User Content or obtained by you through the Services is at your own risk.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any User Content from the Services, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and our users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Services.
You retain your rights to any User Content you submit, post or display on or through the Services. By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a video through your connected Twitter account, we will adapt your User Content so that it can be attached to a Tweet in a Twitter card.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. You understand that your User Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your User Content if used in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
We give you a personal, worldwide, royalty-free, non-assignable, non-exclusive and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. In the event we revoke your license to use the Services, you agree to cease any further use of the Services and to remove our software or applications from your device or computer.
ElectricXP, Inc., Buckitdream, the Buckitdream logo and all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
All right, title, and interest in and to the Services and the Content but excluding any User Content, are and will remain our exclusive property and of our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. We reserve all rights not expressly granted in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on the Services or the Services itself, except as provided and in accordance with in these Terms:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
If you wish to make any use of material on Services other than that set out in this section, please address your request to: [email protected]. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding us or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Services and to suspend terminate users or reclaim usernames and profile URLs without liability to you. You may not post User Content that:
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of the Company is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) reverse engineer, disassemble, decompile, decode or adapt the Service, or otherwise attempt to derive or gain access to the source code of the Service, in whole or in part; (vii) bypass or breach any security device or protection used for or contained in the Service; or (viii) use the Service in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Copyright Agent - Buckitdream
2613 Manhattan Beach Blvd, Suite 100
Redondo Beach, CA 90278
Email: [email protected]
The Terms will continue to apply until terminated by either you or the Company as follows:
We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
In event of termination, we are not required to return any of your User Content to you. We suggest you retain a copy of any and all User Content.
Please read this section carefully since it limits our liability and its owners, parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Buckitdream Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
a. The Services are Available “AS-IS”. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BUCKITDREAM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Buckitdream Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Buckitdream Entities or through the Services, will create any warranty not expressly made herein.
b. Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Buckitdream Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
c. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUCKITDREAM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BUCKITDREAM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BUCKITDREAM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BUCKITDREAM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
a. Waiver and Severability. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
b. Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in King County, Washington, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).
c. Arbitration. For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) or such other arbitration service as we may mutually agree under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in the King County, Washington. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. Unless otherwise prohibited by the arbitration jurisdiction or other applicable law, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
d. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
e. Entire Agreement. These Terms, the Proper Use Policy and our Privacy Policy are the entire and exclusive agreement between ElectricXP, Inc. and you regarding the Services (excluding any services for which you have a separate agreement with ElectricXP, Inc. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ElectricXP, Inc. and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at /termsofservice/page.html. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by ElectricXP, Inc., 2613 Manhattan Beach Blvd, Suite 100 Redondo Beach, CA 90278. If you have any questions about these Terms, please contact us.
Questions: Please contact us at [email protected] if you have any questions regarding this policy.
NO PURCHASE NECESSARY. Australian BUCKiTDREAM Experience Sweepstakes is open only to legal residents of California who are at least eighteen (18) years old at the time of entry. Sweepstakes starts on May 18, 2015 at 12:01 p.m. PST and ends on May 25, 2015 at 11:59 p.m. PST. For Official Rules visit http://buckitdream.com//contest/rules. Void where prohibited. Sponsored by BUCKITDREAM, INC, 2613 Manhattan Beach Blvd, Suite 100, Redondo Beach CA, 90278.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY The Australian BUCKiTDREAM Experience Sweepstakes (the “Sweepstakes”) is open only to legal residents of California who are at eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of BUCKITDREAM, INC and its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THE OFFICIAL RULES OF THE SWEEPSTAKES, DISPLAYED IN THE BUCKiTDREAM MOBILE APPLICATION AND THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED MAY BE USED BY BUCKITDREAM, AND SELECTED PARTNERS OF THE SPONSOR, FOR MARKETING AND PROMOTIONAL PURPOSES.
2. SPONSOR BUCKITDREAM, INC, 2613 Manhattan Beach Blvd, Suite 100, Redondo Beach CA, 90278.
3. SWEEPSTAKES ENTRY PERIOD The Sweepstakes starts at 07:00 a.m. Pacific Standard Time on May 18, 2015 and ends at 11:59 p.m. Pacific Standard Time on May 25, 2015 (“Sweepstakes Entry Period”).
4. HOW TO ENTER Provided that you meet the Eligibility criteria as set out above, you may enter the Sweepstakes during the Sweepstakes Entry Period by: a) using a compatible smart-phone (or tablet) to download the ‘BUCKiTDREAM mobile app’ from either the Apple iOS store (downloading the app is free), and then b) completing the registration steps (providing all requested details), and then c) creating or adding a minimum of three (3) Dream experiences each with a dream experience title, dream description or story and an image, ensuring that the ‘Australian BUCKiTDREAM experience’ is one of the three experiences, and then d) agreeing to the terms and conditions (“App Entry”). There is a limit of one App Entry per person during the Sweepstakes Entry Period. Entrants who have submitted an App Entry in accordance with the instructions above are encouraged to share the competition via Social Media by following the links provided. No additional entries will be awarded for sharing via social media.
Each written submission must be the entrant’s original creation. Photos that are copyrighted cannot be submitted unless you have written permission from the photographer/owner. Photos including names or images of third parties may only be submitted with the prior approval of that third party. Photos cannot be returned. By entering this competition entrants agree and understand that their written entries and/or photos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph.
Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant will not be entitled to the prize. The Sponsor has sole discretion to determine if this clause has been breached by any entrant. The Sponsor reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Sponsor upon request. All entries and any copyright subsisting in the entries become and remain the property of the Sponsor who may publish or cause to be published any of the entries received.
No responsibility is assumed by the Sponsor or its respective subsidiaries, parents, partners, or other Sweepstakes Providers for lost, late, misdirected, or illegible entries or for any computer, application, online, telephone or technical malfunctions that may occur. Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address 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. All entries become the property of Sweepstakes Providers and will not be returned to the Participant. Multiple entries by the same person, including those made electronically by one person using one or more e-mail accounts, will result in disqualification.
All accounts must be created using a valid e-mail address that may be identified with a natural person by appropriate independent means, including, without limitation, reverse domain name search. The potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
The Sponsor reserves the right to review every entry submitted and to remove any entry which, in the opinion of the Sponsor includes rude, objectionable, distasteful, illicit, or prohibited content. The Sponsor has sole discretion to take such action and will not enter into any correspondence regarding such a decision.
5. WINNER SELECTION From all valid entries, the Sponsor will randomly select ten (10) finalists (the “Finalists”) who will be included in the final draw to select the one Grand Prize Winner. The Finalists will not win a prize as of being a finalist in itself. The draw for Finalists will take place on or around 8:00am PST on May, 26 2015 at the Studios of KTLA TV, 5800 Sunset Blvd. Los Angeles, CA, 90028.
The Grand Prize Winner selection shall take place on or around 9:00 a.m. PST on May, 26 2015 at the Studios of KTLA TV, 5800 Sunset Blvd. Los Angeles, CA, 90028 by way of a random draw. The one (1) Grand Prize Winner will be randomly drawn out of the ten (10) Finalists. The one (1) Grand Prize Winner may be announced on air on KTLA TV immediately following the draw.
The one (1) Grand Prize Winner will be announced on the internet at https://www.facebook.com/buckitdream on or around May 27, 2015. In addition, the winner will be notified by e-mail on May 27, 2015. If the winner is unreachable or confirms that they are unable to take the prize as stated within ten (10) days, an alternate winner will be selected by a random drawing from the remaining qualified finalist. In order to be named a winner, potential winner may be required to execute and return within two (2) business days of receiving it an Affidavit of Eligibility and Publicity/Liability Release form. Failure to return the signed Affidavit within two (2) business days will result in disqualification and an alternate winner will be selected.
The Sponsor reserves the right to conduct an immediate redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions, is unable to take the prize on the dates and in the manner specified, is not contactable, or has breached these Terms and Conditions.
6. ODDS The odds of winning depend on the number of entries received during the Sweepstakes Entry Period.
7. GRAND PRIZE There will be one (1) grand prize awarded. The grand prize winner will receive roundtrip economy airfare from Los Angeles to Sydney, Australia for two (2) adults, roundtrip economy flights between Sydney and Melbourne for two (2) adults; luxury accommodation for two (2) adults in Sydney for two (2) nights; luxury accommodation for two (2) adults in Melbourne for four (4) nights. The Prize also consists of the following tours/ experiences, subject to availability, for two (2) adults: Great ocean road private tour, Taronga zoo experience, Sydney bridge climb, Chin Chin Dining experience, Sydney dinner cruise, Yabby Lake winery experience, Melbourne aquarium, Gold class movie experience. Flights are economy class departing from Los Angeles Airport (LAX) on dates specified by the Sponsor within 12 months of the Winner determination. The Prize cannot be taken on dates other than those specified by the Sponsor, which will exclude all public holidays and peak travel periods. It is the sole responsible of the winner and travel companion to get to and from Los Angeles Airport (LAX). The total Approximate Retail Value of the grand prize is up to US$5,814.83. The travel companion of trip winner must be eighteen (18) years of age or older. Travel insurance is not included in the prize but is highly recommended.
Unless expressly stated all other expenses are the responsibility of the Winner (and their companion) including but not limited to current passports, visas, meals, spending money, transport to and from departure and arrival points, transfers, drinks, incidentals, mini-bar, laundry, room service, telephone calls, activities, gratuities, services charges, travel insurance, pre and post accommodation, optional activities or excursions and all other ancillary costs. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Holidays are subject to flight and booking availabilities.
It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. The Sponsor does not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered.
If the prize is unavailable, for whatever reason, the Sponsor reserves the right to substitute the prize for a prize of equal or greater value, subject to any applicable laws. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
Travel arrangements must be made through the Sponsor’s agent on a carrier of the Sponsor’s choice. Winner and guest must travel on the same itinerary and provide travel documents required for travel. The Winner and their companion must ensure that they have a valid passport and visa and are able to travel to the prize location. Actual value of prize may vary based on winner’s point of departure and dates of travel. Trip date is at the sole discretion of the Sponsor. Winner will receive no less than 30 days’ notice prior to trip departure. If for any reason the Prize Winner cannot take the trip on a date specified by the Sponsor, the Sponsor shall have no further obligation to the Prize Winner. Complete terms and conditions of Prize trip will be furnished with prize notification. Certain travel restrictions may apply. Prize is non-transferable and no substitutions or cash equivalents will be allowed, except at the sole discretion of the Sponsor, who reserves the right to award prize of comparable or greater value. All details of prize not specified herein shall be determined solely by the Sponsor. By participating in sweepstakes and accepting a prize, participants and the winner will be deemed to agree to these Rules. Winner is responsible for all applicable federal, state, and local income and any other taxes, fees and surcharges. An IRS Form 1099 will be issued for all prizes with a retail value in excess of $600. Sweepstakes Providers reserve the right to substitute a prize of equal or greater value.
In participating in the prizes, the winners agree to participate and co-operate as required in all social media, advertorial and editorial activities relating to this Sweepstakes , including but not limited to being interviewed and photographed. The Winner (and their companion) agree to granting the Sponsor a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the Winner (and their companion) will not be entitled to any fee for such use.
9. PUBLICITY Except where prohibited or restricted by law, Winner’s acceptance of prize constitutes the Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
10. GENERAL CONDITIONS The Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
11. LIMITATIONS OF LIABILITY The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
12. DISPUTES Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate California State Court located in Los Angeles County, California; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. ENTRANT’S PERSONAL INFORMATION Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at www.buckitdream.com.
14. SWEEPSTAKES RESULTS For the name of the winner (available after October 30, 2014) may be obtained by sending a self-addressed, stamped #10 envelope to: Winners List - Australian BUCKiTDREAM Experience Sweepstakes, BUCKITDREAM at 2613 Manhattan Beach Blvd, Suite 100, Redondo Beach CA, 90278 Requests for the Winner’s List must be received by November 15, 2015.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.
© 2015 (BUCKITLIST, INC.). All rights reserved.
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