Official Rules and Regulations Seabourn’s Yachting Suitestakes

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.  To Enter: Complete the electronic entry form with all information requested between September 21, 2008, 12:00:01 a.m. EST and no later than January 31, 2009, 11:59:59 p.m. EST (the “Sweepstakes Period”) on the Sponsor’s website located at www.seabournsuitestakes.com, you will be entered into Seabourn’s Yachting Suitestakes Sweepstakes (the “Sweepstakes”).  By entering, you hereby agree that you have read and will be bound by the Sweepstakes’ Official Rules and Regulations (“Rules”) and the Privacy Policy of Seabourn Cruise Line® (“Sponsor”) found at http://www.seabourn.com/Privacy.  For purposes of these Sweepstakes, “receipt” of an internet entry occurs when Sponsor’s servers record the entry information resulting from the entrant clicking the “Submit Entry” button. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified.  All entries become the property of Sponsor and will not be returned. All winners ("Winners") must meet the eligibility requirements set forth in these Rules in order to qualify for the prize.  Limit one entry per person if no friends are referred.  One additional entry, up to a maximum of 3 additional entries  if  referred friends enter the Sweepstakes.  Sponsor is not responsible for any failure of its website during the Sweepstakes Period, including any telephone problems or technical malfunction of any computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of traffic congestion on the internet or at the website, or any combination thereof including any injury or damage to an entrant's or any other person's computer related to or resulting from downloading any material related to the Sweepstakes, all of which may affect a person's ability to participate in the Sweepstakes.

(1) Prize: A 12-day Caribbean cruise departing on December 10, 2009, for Winner and one (1) travel guest ("Travel Guest") onboard Seabourn Odyssey in a category ‘A’ suite. This prize is cruise only and does not include airfare or ground transportation.  This cruise is subject to capacity control and departure date can be substituted at the discretion of the Sponsor.  Approximate Retail Value (“ARV”) of Prize: $4,800 USD/$5,135.80 CND.  Actual value of trip varies based upon point of departure fluctuations.  Any difference between stated and actual value will not be awarded.  All airfare, ground transportation, excursions fees, casino charges and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of Winner. All reservations and travel arrangements including, without limitation, the dates and times are at the sole discretion of Sponsor. All travel must be taken on dates specified; no alternative travel dates are available or Prize will be forfeited.  All travel is subject to availability and restrictions.  Winner and Travel Guest must travel on same itinerary and in the same accommodation.  Travel Guest must (or Travel Guest's parent or legal guardian if Travel Guest is an eligible minor in his/her state/province of residence) sign and return a travel/publicity release before any ticketing of travel occurs.  Winner and Travel Guest must have all necessary identification and/or travel documents (including but not limited to a valid passport or other document) required for travel.  No cash redemptions.  Prize is non-transferable, cannot be substituted (except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value), and may not be sold or combined with any other offer. If Cruise is cancelled after ticketing of prize, for any reason, Sponsor reserves the right to substitute a prize of equal or greater value.  All applicable federal, state, provincial and local taxes on the Prize are the sole responsibility of Winner.  If Winner is a legal U.S. resident, Winner will receive an IRS Form 1099 for the ARV of Prize and be solely responsible for applicable taxes or other fees, including but not limited to all federal, state and local income taxes connected to the prize.  Canadian residents may be subject to withholding taxes, and Canadian residents are responsible for the reporting and payment of any income tax. 

WHO MAY ENTER:  THIS SWEEPSTAKES IS OPEN TO RECIPIENTS OF THE SEABOURN YACHTING SUITESTAKES E-MAIL INVITATION OR PRINTED INVITATION OR WERE REFERRED BY A RECIPIENT OF THE SEABOURN YACHTING SUITESTAKES E-MAIL OR PRINTED INVITATION. EACH RECIPIENT CAN REFER UP TO THREE FRIENDS OR FAMILY MEMBERS FOR PARTICIPATION IN THIS SWEEPSTAKES. ALL ELIGIBLE ENTRANTS MUST BE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AND LEGAL RESIDENTS OF CANADA (EXCLUDING RESIDENTS OF QUEBEC) OF THE AGE OF MAJORITY IN THEIR PROVINCE OF RESIDENCE.  The following persons are not eligible to enter the Sweepstakes: (a) employees of Seabourn Cruise Line. ("Sponsor"), its affiliates, subsidiaries, officers or employees; (b) officers, employees or agents of any organizations directly involved with this Sweepstakes, including any co-Sponsor of the Sweepstakes; (c) immediate family members (parent, child, sibling and spouse of each) and persons living in the same household as the persons identified in (a) and (b) above. Void where prohibited or restricted by law.

Selection of Winner:  Winner will be determined in a random drawing of all eligible entries on January 5, 2009 at 4:00pm EST from among all entries received.  Odds of winning depend on the number of eligible entries received.   Sponsor's decisions are final and binding in all respects. 

Drawing and Skill-Testing Question for Canadian Residents: If selected entrant is a Canadian resident, in order to win the Prize, the selected entrant must first correctly answer unaided a time-limited, mathematical skill-testing question by telephone at a predetermined mutually agreeable time.  In the event that the selected entrant is unable to correctly answer the skill-testing question, the Sponsor shall have the right to randomly draw another eligible entrant, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.  By entering, entrants agree that the Sponsor's decisions are final and binding in all regards with respect to the Sweepstakes.

Claiming Prize: Unclaimed prize will not be awarded.  As a condition of winning the Prize, the Winner must complete, sign and return an Affidavit of Eligibility and Liability and Publicity Release (“Document”), where permitted by law, and any other applicable forms required by a taxing authority, within ten (10) days of receipt of written prize notification, or Prize will be forfeited and an alternate Winner selected. Further, by accepting the Prize, the Winner consents to Promotion Parties (defined herein) use (or non-use) of Winner’s and Winner’s Travel Guest’s name, photograph and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and internet), for all legitimate business purposes including advertising and promotional activities and media and other activities and communications, without additional compensation in their sole discretion, unless prohibited by law, without compensation.

In case of dispute as to the identity of any online entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. As used in this Sweepstakes, "Authorized Account Holder" is defined as the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential Winner may be requested to provide Sponsor with proof that such Winner is the authorized account holder of the email address associated with the winning entry.

Notification:  Winner will be notified by email/phone to the email address/phone number provided by entrant.  Documents must be returned in the postage-prepaid envelope provided, within (24) twenty-four hours of first attempted notification or Prize will be forfeited.  If any correspondence from the Sponsor or any prize is returned as undeliverable, the corresponding Prize will be forfeited.  The Sweepstakes is void in Quebec and where prohibited by law. Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer on-line systems, computer equipment, servers, access providers, or software, including, but not limited to, any injury or damage to participants' or any other persons' computers relating to or resulting from participation in this promotion; inability to access the entry websites or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, illegible, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website.

Privacy:  Sponsor will be collecting personal data about entrants in accordance with its Privacy Policy, which is attached to these Official Rules and Regulations.  By participating in Sweepstakes, you hereby agree to the collection and use of your personal information and acknowledge that you have read and accepted the Sponsor’s Privacy Policy at www.seabourn.com/Privacy.

Choice of Law and Forum:  Any dispute arising out of or in connection with the Sweepstakes and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules shall take place in Los Angeles, California, U.S., in accordance with the laws of the State of California, without regard to conflicts of laws principles, and shall be referred to and finally resolved by a single arbitrator appointed under the Rules, and in accordance with the procedures of the American Arbitration Association, which rules and procedures are deemed to be incorporated by reference into this clause.

Release:  As a condition of entry into the Sweepstakes, all entrants agree, and by accepting Prize, Winner agrees, to release Seabourn Cruise Line® and its parent, affiliates, sister companies, directors, officers, employees, advertising and promotion agencies, suppliers, printers, and distributors (collectively "Promotion Parties") from and against any and all liability, claims, costs, or actions of any kind whatsoever for injuries, damages, or losses of property which may be sustained in connection with submitting an entry or otherwise participating in the Sweepstakes, receipt, ownership or use of any Prize awarded, including but not limited to any travel related thereto, or any typographical or other error in these Rules or the announcement of offering of any prize. Sponsor reserves the right, in its sole discretion, to void suspect entries and/or modify, terminate or suspend this Sweepstakes (or any portion thereof) should fraud or any unauthorized human intervention or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes.

Under no circumstances shall entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, and entrants further waive all rights to have damages multiplied or increased.

Official Rules and Regulations and Name of Winner:  For a copy of the Official Rules and Regulations, go to www.seabournsuitestakes.com or send a self-addressed stamped envelope to: Seabourn’s Yachting Suitestakes Sweepstakes Rules, c/o Seabourn Cruise Line, 6100 Blue Lagoon Drive, Suite 400, Miami, Florida 33126. Requests must be received by February 28, 2009.  Canadian residents may omit return postage.

To obtain the name of the Winner, send a self-addressed stamped envelope to: Seabourn’s Yachting Suites Sweepstakes Rules, c/o Seabourn Cruise Line, 6100 Blue Lagoon Drive, Suite 400, Miami, Florida 33126.  Requests must be received no later than March 15, 2009.  Canadian residents may omit return postage.

Sponsor:  The Sponsor of this Sweepstakes is Seabourn Cruise Line, 6100 Blue Lagoon Drive, Suite 400, Miami, Florida 33126.