Viator’s Dream Travel Contest - Official Rules

**ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES**

The “Dream Travel Job Contest” (the “Contest”) is a skill-based contest sponsored by Viator Inc. (“Viator”), where participants must submit a video to Viator explaining why they are the best person for the Contest in accordance with these Official Rules (“Rules”). Viator will select a shortlist of Contest Semi-Finalists during sequential Judging Periods, then, at Viator’s sole discretion, four Finalists in accordance with these Rules. The four Finalists will then be paired by Viator into teams of two who will have the opportunity to travel and shoot video of tours, local attractions and activities, and personal video journals, concluding with a final “Dream Travel Wrap-up” video that will be subject to an online vote.  The Winning Team selected from that vote will receive USD $10,000, to be split evenly between them.  See below for complete details.

NO PURCHASE NECESSARY FOR ENTRY OR TO WIN.  MAKING A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.  VOID WHERE PROHIBITED.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.  

  1. Binding Agreement

In order to enter the Contest, you must agree to these Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to be bound by these Rules and by the decisions of the judges, which will be final.  You may not submit an entry to the Contest and are not eligible for selection unless you agree to these Rules and conditions. These Rules form a binding legal agreement between you and Viator with respect to the Contest.

  1. Sponsor

The Contest and Project is sponsored by Viator (the “Sponsor”), a Delaware corporation with principal place of business at 657 Mission Street, Suite 500, San Francisco, CA 94105.

  1. Eligibility Requirements

The following conditions must be satisfied and agreed to in order for your initial Entry to be accepted and to be selected as a Semi-Finalist or Finalist.

  1. You must be 18 years of age or over as of January 1, 2012.
  2. The following individuals are not eligible to enter and their entries will not be considered:  Employees of Viator or any of its respective parents, subsidiaries and affiliated companies, or any promotion, advertising, judging or public relations company doing business with any of the above, or any of their respective parents, subsidiaries and affiliated companies, or a member of the immediate family (parent, children, siblings, spouse, regardless of where they live) or any individual living in the same household of such employees (whether related or not).
  3. You must have a valid, government-issued Passport, required travel documents, and be eligible to travel to any location determined in the Travel Stage.
  4. The Contest is operated under and in accordance with U.S. laws.  By entering, you attest that your entry or participation in the Contest does not violate any laws or regulations of your home country.  This Contest is void where prohibited.
  5. You must be willing to participate in formal interviews and various activities during the interview process for the Contest. Activities may include filming, writing, and skill-based aptitude tests.
  6. The Contest Finalists will be required to undertake activities and tasks which require excellent physical and mental health. Therefore, if you are a Contest Finalist, you may be asked to submit to physical and psychological examinations and meet all physical and psychological requirements.
  7. Contest Finalists must be willing and able to participate in the Finalist Travel Stage, for a period up to three months following selection as a Finalist, to travel and shoot video of tours, major attractions, local events and activities, and personal video journals in destinations selected by, and following travel itineraries created by, Viator.
  8. Contest Finalists must be of good moral character and not be under the influence of any medication, drugs or other substance which may impair your ability to undertake the Finalist requirements.
  9. All Contest Semi-Finalists and Finalists will behave in an appropriate and professional manner at all times during the Contest.  Any inappropriate, illegal or immoral behavior on the part of Contest Semi-Finalists, Finalists or Winners will result in immediate exclusion from the selection process or termination of their participation in the Contest.
  10. By applying, you authorize Viator to conduct civil, criminal, financial and other background checks.
  11. Your involvement in the Contest selection process and, if selected, your involvement in Viator’s Dream Travel Stage, is entirely at your own risk. You agree to and do hereby release Viator and its officers, directors, agents, representatives and employees, and all others connected with the Contest, as well as Facebook, from any and all claims, actions, damages, liabilities, losses, costs and expenses, in any way arising out of or resulting from your involvement in the Contest, including, without limitation, any and all claims, actions, and liabilities for injury, loss or damage to you, to anyone else or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or misconduct of Viator or any of its respective officers, directors, agents, representatives or employees, anyone else connected with the Contest operation or administration, or Facebook.
  12. You agree to indemnify Viator and its respective officers, directors, agents, representatives and employees, and all others connected with the Contest and hold them harmless from any and all liabilities, claims, actions, damages, expenses and losses (including, without limitation, legal fees) of any kind or nature whatsoever in any way caused by or arising out of your involvement in the Contest.
  1. Contest Period

  1. The Contest begins at 12:01pm Pacific Standard Time (PST) on February 24, 2012, and ends at 11:59pm PST on April 25, 2012 (the “Contest Period”).
  1. How to Submit an Entry

  1. NO PURCHASE NECESSARY TO ENTER OR WIN.
  2. To enter the Contest, visit the Viator Facebook Fan Page (the “Contest Site”) at http://www.facebook.com/ViatorTours during the Contest Period and follow the instructions for submitting an original video of yourself, in accordance with the guidelines below.
  3. In order to be accepted, your Entry video must:
  1. Be original, and feature you.
  2. Be no longer than 3 minutes
  3. Be presented in English with reasonable sound and visual quality.
  4. Be submitted with a complete an accurate application form.
  5. Explain why you are the best person for the job in an entertaining way, and loosely following one of three topics:
  1. Topic #1: Top Things to Do. Take us on a tour of your city -  Describe your favorite things to do, places to go, foods to eat, or whatever else you love about your hometown!
  2. Topic #2: Top Travel Tips. We’re looking for experienced travelers with advice to give! Tell us some of your most useful travel tips.
  3. Topic #3: Share a memorable travel experience. Tell us about the funniest, scariest, happiest or most moving travel experience you ever had.
  1. In order to be accepted, your video must also:
  1. Not contain nudity, profanity or obscenities.
  2. Not contain any harmful or illegal activity or in any way violate any law, statute, ordinance or regulation;
  3. Not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded product, commercial artwork or political or religious statement.
  4. Not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever.
  5. Not contain personal information of individuals, including without limitation, names and addresses (physical or e-mail).
  6. Not contain commercial messages, comparisons or solicitations for products or services or any identifiable third party products and/or trade-marks, brands or logos, or URLs or links to any websites.
  7. Not be defamatory, trade libelous, false, fraudulent, deceptive, misleading, threatening, slanderous, libelous, disparaging, unlawfully harassing, profane, pornographic or obscene, hateful, indecent, inappropriate or injurious to any third party.
  1. You may submit as many Entry Videos as you like, as long as each video is unique and not a copy or duplication of a previous video application. Each unique Entry Video will be judged on its own merits.
  2. All videos will be reviewed by Viator for quality assurance. All Entry Videos that meet the Contest guidelines will be uploaded to the Contest Site, and to other Company websites and blogs for public viewing and voting, at Viator’s sole discretion.
  3. Viator shall be entitled to use your application, name, likeness, appearance, voice and biographical information for its promotional and publicity purposes at its sole discretion, in all media formats, in perpetuity and without compensation, unless prohibited by law.
  1. Intellectual Property Rights

  1. By submitting an Entry Video or any Videos created by Finalists during the Dream Travel Stage, each entrant:
  1. Warrants that his/her Video(s) are his/her own original work.
  2. Grants to Viator, its sublicensees, agents, and representatives and assigns (the Licensed Entities”) in perpetuity, the irrevocable, sublicensable, non-exclusive, absolute license, right and permission to publish, display, reproduce, modify, edit, translate, combine with other material, adapt, exploit or otherwise use the Video in whole or in part in any and all media (whether now existing or hereafter devised) throughout the world in any manner and/or for advertising or promoting Viator, the Contest, or for any other reason, without further review, notice, approval, consideration, or compensation;
  3. Waives all “moral rights”, “droit moral” or unfair competition with respect to use of his/her Video in favor of Viator.
  4. Waives and agrees to release and hold harmless Viator and its respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims that entrant may now or hereafter have in any jurisdiction based on such rights or based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
  1. Viator reserves the right, at its sole discretion, to modify, edit or remove any Video, or to request an entrant to modify or edit his or her Video, if a complaint is received with respect to the Video, or for any other reason. Each entrant agrees to immediately supply original video and source files upon request.
  2. Each entrant agrees that the Licensed Entities may, but are not required to, attribute a Video to an entrant. Each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Viator, its sublicensees, agents, and representative, on the grounds that any use of any entry, video or any derivative works, infringe or violate any of entrant's rights therein.
  3. Each entrant acknowledges and agrees that nothing in these Rules require Viator to use a Video in part or in whole or to include a Video in any related property.
  1. Judging – First Stage
  1. Each eligible Entry Video will be judged by a panel of Viator staff and evaluated based on the following criteria, of equal weight: Adherence to the Contest guidelines, style, creativity, production values, and editing skills.
  2. Viator will select Contests Semi-Finalists on a rolling basis, approximately every two weeks.
  3. During each Judging Period (March 15, March 29, April 12, April 26), judges will evaluate and attribute a score to all eligible Entry Videos made up of scores based upon the above-listed criteria. The three Entry Videos that receive the highest overall scores will be selected as Contest Semi-Finalists for each Judging Period.  
  4. The Semi-Finalists for each Judging Period will be interviewed by phone or in person, and may be asked to perform certain tests or tasks for review, at Viator’s discretion.  
  5. In each Judging Period, Viator will select one (1) Contest Finalist from the Semi-Finalists based on the Entry Video and interviews.
  6. Viator reserves the right to select additional Semi-Finalists for any reason, in any of the Judging Periods.
  7. In the event a potential Semi-Finalist is disqualified for any reason, the Video that received the next highest total score will be chosen as the potential Semi-Finalist.
  8. In the event an entrant has two or more videos selected for consideration as a Semi-Finalist, the entrant will be judged based on the Entry Video that received the highest score.
  9. All eligible Videos will be posted on the Contest Site, where users may view them and vote for the videos they like best. Votes will not be used to determine Contest Finalists, however the 10 Videos with the most votes will be treated as Contest Semi-Finalists in the fourth Judging Period (April 26), along with the three Entry Videos that receive the highest overall scores in the fourth Judging Period.
  10. Based on the Entry Video and the interview process, Viator will select four (4) Contest Finalists.
  11. All decisions regarding eligibility, videos, and all aspects of the judging process will be made by Viator at its sole discretion.
  12. Semi-Finalist and Finalists will be notified by Viator using the information provided in the entry process.  Disqualification and selection of an alternate Semi-Finalist or Finalist may result if the notification is undeliverable, if the potential Semi-Finalist or Finalist fails to comply with the interview or documentation requirements or these Official Rules, or if the potential Semi-Finalist or Finalist is determined to be ineligible or cannot participate in the Dream Travel Stage for any reason.  Subject to confirmation and compliance with these Official Rules, Finalists and Winners will be announced on the Contest Site.

  1. The Dream Travel Stage

  1. Four (4) Contest Finalists, chosen based on the Entry Video and the interview process, will enter the Dream Travel Stage.
  2. Finalists must be willing and able to travel to San Francisco, California, for approximately two weeks of training and preparation. Economy travel (from a major airport near your home city to San Francisco) and accommodation in San Francisco will be arranged and paid for by Viator.
  3. Additionally, Finalists must be willing and able to travel in teams of two, assigned by Viator, to approximately 20 cities in approximately 60 days in either Europe or North America (at Viator’s discretion). Travel is expected to occur between May and July 2012.  
  4. During the Dream Travel Stage, Contest Finalists will do the following:
  1. Assist in the planning of your travel itinerary
  2. Successfully complete an in-person training program in San Francisco (approximately 10 days)
  3. Travel to approximately 20 cities in approximately 60 days, to destinations predetermined by Viator.
  4. Shoot video of tours, activities, things to do, major attractions, and conduct video interviews with travelers, according to guidelines provided by Viator Inc.
  5. Be willing and able to participate in various tourist activities provided by Viator Inc. or its agents and suppliers, including but not limited to sailing, kayaking, swimming, snorkeling, helicopter tours, horseback riding, ATV tours, walking tours, cooking classes, wine tastings, and zip lines.
  6. Create weekly Video Journal Entries for review.
  7. Act responsibly at all times and in accordance with the reasonable directions of Viator or its delegates.
  1. For each Contest Finalist, Viator will cover major travel expenses (primarily air travel to/from San Francisco to your initial travel destination) and will provide a per diem payment of approximately USD $250.00 per day for approximately 60 days.
  1. Your per diem will be paid every two weeks during the contracted period of the Travel Stage.
  2. You are expected to pay for all expenses including accommodation, food, telephone, and personal items with your per diem.
  3. No additional fee, payment or expenses are provided or covered unless agreed to and approved, in writing, by Viator.
  1. Viator will provide video equipment and other major gear reasonably required to complete the Travel Stage, at its discretion.
  2. You are responsible for making any necessary arrangements with your employer and family in anticipation traveling away from home for approximate 8 weeks during the Travel Stage.
  3. Viator will own all intellectual property in reports, diaries, blogs, photos, videos and other material created, produced or authored by you during the course of the Travel Stage.
  4. Viator reserves the right to monitor and edit material produced by you, in line with its corporate communication and marketing guidelines.
  5. Following the conclusion of the Travel Stage, each team will create a ‘Dream Travel Wrap-Up’ video, which will be used to determine the Contest Winners.
  1. Each team’s ‘Dream Travel Wrap-up video should be no longer than 5 minutes, and feature footage and video diaries filmed during the Travel Stage.
  2. Teams will conceptualize and edit their Wrap-up video themselves in the form of a gag reel, music video, viral video, or anything the team imagines.
  3. Except as otherwise noted here, the Wrap-up videos must meet the same requirements and Finalists must make the same representations regarding the Entry Videos in sections V and VI above.
  4. The Wrap-up videos must be submitted to Viator staff no later than September 28, 2012.
  5. The Wrap-up videos will be posted to the Contest Site, where users may view them and vote for the video they like best.
  6. Voting begins on or about October 3, 2012 and ends October 31, 2012.
  7. Votes will be used to determine the Contest Winners
  8. The Contest Winners will receive US$10,000 to be split equally (the “Grand Prize”).
  9. In the event that a member of a team is disqualified during or after the Travel Stage, the remaining team member is eligible to submit a Dream Travel Wrap-up video.
  1. Should these requirements not be met, Viator shall be entitled to terminate your participation in the Travel Stage or the Contest, at its absolute discretion.
  2. Finalists and Winners are responsible for any and all tax obligations associated with participation in the Contest.  Prior to the Travel Stage and/or after selection of Winners, Finalists and Winners may be required to execute an Affidavit of Eligibility, Compliance with Rules, Assignment, Tax Reporting forms, and Liability and Publicity Release.  The Finalist Travel Stage and the Grand Prize are non-transferable, non-assignable, and cannot be exchanged for cash.  No cash in lieu of Travel Stage or Grand Prize and no exchange or substitution of Travel Stage or Grand Prize, except at the sole discretion of the Viator.  

  1. Right to Cancel, Modify or Disqualify

  1. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Viator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.  In such event, Viator will announce such decision on the Contest Site.
  2. Viator further reserves the right to disqualify any entrant who tampers with the submission or voting process or any other part of the Contest or Contest Site; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Contest; or with intent to annoy, abuse, threaten or harass any other person.. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Viator reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.

  1. Privacy

  1. Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest.
  2. This data may also be used by Viator to verify an entrant’s identity.

PLEASE NOTE:  You are providing your information to Viator and its contest administrators and not to Facebook.  

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  1. Severability, Governing Law, and Limitations of Liability
  1. These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules.
  2. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
  3. Viator is not responsible for entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind.  Viator is also not responsible for any changes or effects caused by or to the entrant’s computer system as a result of submitting electronic entries.  

ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST.  ENTRANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.  BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

  1. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
  1. Winners’ Names

For the names of the Winners, please send a self-addressed stamped envelope to Viator, Inc., Attn:  DREAM TRAVEL WINNER, 657 Mission Street, Suite 500, San Francisco, CA 94105 between October 31, 2012 and December 31, 2012.