The Reward

Competition Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. AGREEMENT. These rules (“Rules”) govern the [SeaWorld Contest], hereafter referred to as the “Contest”, run by Quark Expeditions, as the “Sponsor”, and its marketing partners. No purchase is necessary to enter the Contest. The act of entering the Contest constitutes acceptance of the Contest Rules as contained herein and of the decisions of the Contest judges, which are final and binding in all respects.

2. ELIGIBILITY. The Contest is open to all residents of North America (exclusive of Quebec, Canada) who have attained the age of 21 by [May 3, 2010], (A valid passport may be used to prove age) except for employees, immediate family members and anyone living with any employee of Quark Expeditions, its corporate affiliates, Travel Agent partners, Sea World, LLC (“SeaWorld”) and their respective advertising or promotional agencies or affiliates (collectively, the “Promotion Entities”). Limit of one entry per person. The entrant must not have any impediments to travel on the dates of the voyage as indicated. The entrant must participate in an interview process conducted by a panel of Quark Expeditions’ appointed personnel to confirm the entrant’s eligibility. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. CONTEST AND HOW TO ENTER. The Contest start date is 18:00 EDT, [May 3, 2010]. The end date for Contest entries is noon EDT on [August 31, 2010]. The winner will be selected from the top five (5) entrants chosen by public voting on AdventureWithJulie.com – one vote per valid personal email address, with changes permitted. One of the top five (5) entrants who meets all eligibility requirements and is selected by a panel of judges consisting of two representatives from SeaWorld and two representatives from Sponsor with experience in wildlife protection will be contacted by telephone or email by a representative of Quark Expeditions. The winning Contest entrant must reply within 10 calendar days of notification to maintain eligibility. Once notified, if the selected entrant does not accept the position of Official Quark Blogger within 5 days of notification, the entrant to receive the next greatest number of votes will be contacted, and the first entrant will have no further claim to the prize. Each potential winner must continue to comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The potential winner will be required to sign and return to Sponsor, within ten (10) calendar days of being contacted by Sponsor, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), the potential winner forfeits his or her prize.

You can enter online by going to AdventureWithJulie.com and completing the online entry form or you can enter by mail by mailing your entry to Quark Expeditions, Attention: Marketing, 93 Pilgrim Park, Suite 1, Waterbury, VT 05676. All online entries must be submitted by noon EDT on [August 31, 2010]. All mailed entries must be post marked by no later than [August 31, 2010] and received by [September 6, 2010]. Mailed-in entries postmarked by [August 31, 2010] but received after [September 6, 2010] will not be considered.

All entries should include the entrant’ first and last name, email address (if entering online), address (if entering by mail), phone number, date of birth, country of residence, a photo of the entrant and an essay of no more than 300 words about the entrant’s personal efforts to protect wildlife.

Each essay must be the original work of and solely owned by the entrant and must not infringe the copyright, trademark, trade secret, privacy publicity or other rights of any third party. By submitting an entry, each entrant hereby grants to the Sponsor and the other Promotion Entities the worldwide, perpetual license, and the right to license others, to reproduce, display, distribute, make derivative works of and otherwise use the entrant’s essay in any and all media and format, in connection with this Contest. Each entrant agrees to defend, indemnify and hold harmless the Promotion Entities from any and all claims, losses, lawsuits, liabilities and expenses arising out of or relating to the essay submitted in connection with this Contest.

Sponsor is not responsible for lost, late, invalid, unintelligible, misdirected or entries incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, Sponsor further reserves the right to cancel, terminate or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.

4. SERVICES RENDERED. The successful entrant must permit Quark Expeditions to use his or her name and image for promotional purposes.

5. PRIZE. The Contest prize consists of an expedition for two to Antarctica, from October 13, 2010 to October 26, 2010, plus economy air fare for two people from the international airport nearest the winner’s home community to Ushuaia, Argentina and back. If the winner’s guest is under 18 years of age on October 13, 2010, the winner must be the parent or legal guardian of such guest. The total approximate retail value of the Contest prize is USD$45,000. The prize includes:

• Shipboard accommodation for two people, aboard Emperor Penguins: Snow Hill Island on the October 13, 2010 to October 26, 2010 expedition, in a Main Deck Twin cabin. (Retail value: USD$19,790 per person)
• Economy-class air fare for two people from the international airport nearest to their community to Ushuaia, Argentina and back. (Approximate retail value: USD$4,000)
• One night pre-expedition hotel accommodation in Ushuaia, Argentina, based on twin occupancy, with breakfast.
• All breakfasts, lunches and dinners on board throughout your voyage.
• All shore landings and Zodiac excursions per the daily program.
• A pair of waterproof expedition boots on loan for shore landings.
• Coffee, tea, cocoa and bottled water available around the clock.
• Hair dryer and bathrobe on loan for the duration of the voyage.
• Emergency Evacuation Assurance for all passengers with a maximum benefit of $100,000 per person.
• Group transfers from the hotel to the ship in Ushuaia, and from the ship to the local airport on disembarkation – plus all baggage handling aboard ship.
• All miscellaneous service taxes and port charges throughout the program.

All taxes are the sole responsibility of the winner. Expenses not specifically stated in any/all prize packages outlined above are the sole responsibility of the winner. No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by Sponsor for reason of unavailability in which case a prize of equal or greater value will be awarded. The documents offering the eligible winner the prize will be delivered by courier service.

The PRIZE SPECIFICALLY DOES NOT INCLUDE: Passport and visa expenses. Government arrival and departure taxes; any meals ashore with the exception of breakfast at the host hotel in Ushuaia before embarkation; baggage, cancellation and medical travel insurance; excess baggage charges; laundry, bar, and other personal charges; telecommunication charges, with the exception of charges incurred for posting blog entries that fulfill the Contest requirements; the customary gratuity at the end of the voyage for Hospitality Team members, ship’s crew and Expedition Team Members; airport transfers, with the exception of the group transfer from the ship to Ushuaia airport on disembarkation day; hotel transfers with the exception of the group transfer from the hotel in Ushuaia to the ship on embarkation day; any domestic taxes levied in the winner’s country of residence as a result of receiving the prize. (Should a US resident become the Contest winner, Quark Expeditions will issue a federal 1099 form, which will be sent to the winner. Any US winner must complete and submit a W-9 form (Request for Taxpayer Identification Number and Certification) to Quark Expeditions.

6. DISQUALIFICATION. Entrants will be disqualified if the essay is longer than 300 words; the entrant knowingly attempts to contravene the eligibility requirements, including the creation of multiple email addresses for the purpose of voting; the essay contravenes copyright laws, and good taste; the applicant is not 21 years of age or older as of [May 3, 2010]– valid passport is proof of age; the applicant is not the author of the essay; the entrant is not a citizen in good standing of his or her home country; and there are impediments to travel on the dates of the voyage as indicated.

7. ENTRY CONDITIONS AND RELEASE. By entering, each participant agrees to: (a) comply with and be bound by these Rules and the decisions of the Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor and the Promotion Entities and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and © indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.

8. PUBLICITY. Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration or any right of approval over such uses.

9. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.

10. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) 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 Contest; (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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest the processing of entries; or (5) 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 Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

11. DISPUTES, Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Vermont State Court located in the Montpelier, Vermont; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) 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 Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules (whether of the State of Vermont or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Vermont.

13. WINNERS LIST. For Contest results, either send a request by email to adventurewithjulie@quarkexpeditions.com or send a self-addressed, stamped envelope to Quark Expeditions, “[SeaWorld Contest]”, 93 Pilgrim Park, Suite 1, Waterbury, VT 05676 after [August 31, 2010] but before December 31, 2010. Residents of Vermont may omit return postage.

15. SPONSOR CONTACT INFORMATION. The Sponsor of this Contest is Quark Expeditions, 93 Pilgrim Park, Suite 1, Waterbury, VT 05676, http://www.quarkexpeditions.com/.

Updated April 20, 2010