2014-2016
HOLLAND AMERICA LINE
“DANCING WITH THE STARS™ AT SEA”
ONBOARD COMPETITION
TERMS AND CONDITIONS
AS WITH ANY OF OUR FREE ONBOARD ENRICHMENT PROGRAMS, ALL GUESTS ARE WELCOME TO PARTICIPATE IN THE DANCE CLASSES; HOWEVER, ONLY GUESTS AGE 21 OR OLDER MAY PARTICIPATE IN THIS COMPETITION.
THIS 2014-2016 HOLLAND AMERICA LINE DANCING WITH THE STARS™ AT SEA COMPETITION (“ COMPETITION ”) IS GOVERNED BY THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THE COMPETITION, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN.
- Eligibility; Competition Period: The Competition is open to any guest on an Eligible Cruise who is 21 years of age or older as of the date on which the Eligible Cruise departs its home port. An “ Eligible Cruise ” is a Holland America Line cruise that departs its home port on or after September 21, 2014 and ends no later than November 24, 2015, as specified in the Eligible Sailings information atwww.hollandamerica.com/DWTSrules; dates vary by ship. Void where prohibited. Residents of Arizona, Connecticut, Maryland, Nebraska, North Dakota and Vermont, U.S.A. and Quebec, Canada are not eligible. Employees of Holland America Line, BBC Worldwide Limited and American Broadcasting Companies, Inc., and members of the immediate family (defined as spouse, child, sibling, parent, or grandparent) or household of any such employee, are not eligible. Holland America Line reserves the right to verify the eligibility of each entrant at any time. We welcome dancers of all skill levels.
- How To Enter; Winner Selection: The Competition will be conducted in connection with dance classes offered onboard all Eligible Cruises. During the classes, participants will learn dance routines from “Dancing With The Stars.” You must attend the dance class in order to enter the Competition. There is no fee charged to participate in the dance class or enter the Competition. Selection of Finalists for Each Eligible Cruise : Class participants who wish to enter the Competition will perform routines specified by Competition judges designated by Holland America Line (“ Judges ”). Each member of a panel of three Judges (which will include the cruise director, entertainment staff and/or ship’s officers) will score each entrant’s performance, based on a scale of 1 point (lowest) to 10 points (highest), based on the following criteria: technical ability, dance flair and entertainment value. With respect to each Eligible Cruise, the six entrants who receive the six largest aggregate numbers of points from the Judges will be finalists and will proceed to the next round of judging, described below. If there is a tie among entrants on an Eligible Cruise, the tied entrants will engage in a “dance off” (i.e., another dance performance), which will be scored by the Judges as described above, and the tied entrant who receives the largest aggregate number of points from the Judges with respect to the “dance off” will be deemed to have the higher score for purposes of finalist selection. Selection of Cruise Champions : On each Eligible Cruise, each finalist will be paired with a professional dancer supplied by Holland America Line. Finalists will not be permitted to pair with other entrants. Only professional dancers supplied by Holland America Line will be paired with finalists. During each Eligible Cruise, each finalist and the dancer with whom the finalist is paired will perform on the main stage a routine from “Dancing With The Stars.” Each finalist’s main stage performance will be videotaped. Each member of a panel of three Judges (which will include a guest entertainer, entertainment staff and/or ship’s officers) will score each finalist’s performance, based on a scale of 1 point (lowest) to 10 points (highest), based on the following criteria: technical ability, dance flair and entertainment value. In addition, audience reaction to each finalist’s performance will be measured using the soundboard decibel meter. The finalist whose decibel meter reading is the highest will receive 15 points; the finalist whose decibel meter reading is the second-highest will receive 10 points; and the finalist whose decibel meter reading is the third-highest will receive 5 points. With respect to each Eligible Cruise, the finalist who receives the largest aggregate number of points (i.e., the total of the scores of the Judges and any additional points awarded in connection with the meter reading) will be the “ Cruise Champion .” There will be one Cruise Champion selected for each Eligible Cruise. If there is a tie among finalists on an Eligible Cruise, the tied finalists will engage in a “dance off” (i.e., another dance performance), which will be scored by the Judges as described above, and the tied entrant who receives the largest aggregate number of points with respect to the “dance off” will be the Cruise Champion. Selection of Winners : With respect to each of the fifteen (15) Holland America Line ships on which Eligible Cruises will be conducted (each a “Ship ”), one (1) winner will be selected from among all of the Cruise Champions from that Ship. There will be a total of fifteen (15) winners, one per Ship. The winner with respect to each Ship will be the Cruise Champion who received the largest cumulative number of points in the Cruise Champion selection phase described above. If, with respect to any Ship, there is a tie among two or more of the Cruise Champions, a Judge designated by Holland America Line will review each tied Cruise Champions’ videotaped main stage performance and will judge each tied Cruise Champion’s performance based on the following criteria, weighted equally: technical ability, dance flair, entertainment value and overall impression. The tied Cruise Champion who receives the highest score from the Judges will be the winner. If there is a further tie among the tied Cruise Champions, the tied Cruise Champion who receives the highest “overall impression” score from the Judges will be the winner. There will be one winner selected for each Ship. Odds of winning depend on the number of eligible entries received and the quality of Entrants’ competition performances. The decisions of the Judges and Holland America Line will be final and binding in all respects.
- Winner Notification and Verification: Winner notification with respect to each ship will take place after all of the eligible cruises with respect to that ship have concluded. The winners will be notified by email (sent to the e-mail address provided by the entrant when entering) beginning on or about November 29, 2015. Each winner is subject to verification. Holland America Line may, in its discretion, require winners to complete and return to Holland America Line an Affidavit/Declaration of Eligibility and Publicity/Liability Release. If a winner cannot be reached or does not respond within five (5) days of the initial notification attempt, or fails to complete and return to Holland America Line any required Affidavit/Declaration of Eligibility and Publicity/Liability Release within five (5) days of delivery to the potential Finalist of the same, or if any attempted notification or prize delivery is returned as undeliverable, the winner may in Holland America Line’s discretion be disqualified and the prize forfeited. Each Winner must, as a condition of being awarded the prize, agree to participate in the dance competition on the Cruise (as defined in Section 4), absent an injury, illness or other circumstance occurring after Winner is verified that would prevent such participation.
- Prizes: Each of the verified winners ( “Winners” ) will be eligible to receive one (1) 7-day “Champions Cruise” cruise for two (2) people (the Winner and one companion) in an ocean-view stateroom on the ms Nieuw Amsterdam (“ Cruise ”) and the opportunity to participate as their Ship’s representative in the additional dance competition that will be conducted on the Cruise. The winner of the additional dance competition that will take place on the Cruise will receive a trophy or other recognition determined by Holland America Line. Cruise includes one (1) ocean-view stateroom with double occupancy accommodations, all regular onboard meals and entertainment, and applicable government fees and taxes. Cruise departs on January 10, 2016 from Fort Lauderdale, Florida, U.S.A.Any difference between stated and actual value will not be awarded. All air transportation, ground transportation, shore excursions fees, discretionary hotel and dining charges, meals in alternate dining venues, alcoholic beverages, boutique purchases, and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of Winner. All reservations and cruise arrangements including, without limitation, the dates and times, are at the sole discretion of Holland America Line. Cruise must be taken during the time period specified; no alternative cruise dates are available or Champions Cruise will be forfeited. Each Winner’s travel companion(s) (“ Cruise Guest ”) must be 18 years of age or older as of the date of departure unless the Cruise Guest is the child of Winner. Winner and Cruise Guest must cruise on same itinerary. Cruise Guest (or Cruise Guest's parent or legal guardian if Cruise Guest is a minor in his/her state/province/jurisdiction of residence) must sign and return a cruise/publicity release before any ticketing of cruise occurs. The Winner and Cruise Guest must have all necessary identification and/or cruise documents (including but not limited to a valid passport, visa (if applicable) and all other necessary travel documents) required for Cruise. Cruise is subject to the terms and conditions of the Holland America Line Cruise Contract which may be viewed at www.hollandamerica.com. As set forth in more detail in the Cruise Contract, Holland America Line reserves the right to refuse to embark Winner or Cruise Guest, at any time if, in the sole opinion of Holland America Line, Winner, Cruise Guest, or any minor or other person in Winner or Cruise Guest’s care during the cruise is unfit for the cruise for any reason as determined by Holland America Line.
TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF THE CRUISE: $2568 USD / $2798 CAD / £1651 GBP / €1847 EUR / $2707 AUD. Cruise values are based on conversion rates as of October 10, 2014 and may vary. Any difference between stated ARV and actual value of cruise will not be awarded.
Cruises are non-transferable and no cash equivalent or substitution of cruise is offered, except at the sole discretion of the Holland America Line. If the Cruise, or any portion thereof, cannot be awarded for any reason, Holland America Line reserves the right to substitute Cruise with another Cruise of equal or greater value. Winner will be solely responsible for all applicable Federal, State, provincial and local taxes on the prize value or otherwise incurred in connection with the receipt of or participation in the Cruise or participation in the Competition. Winner is responsible for any income taxes that may be due under applicable law.
- Release and Assumption of Risk: By entering, each entrant, on behalf of the entrant and his or her heirs, executors, guardians, assigns, agents and representatives, releases Holland America Line, BBC Worldwide Limited, American Broadcasting Companies, Inc., any and all parties involved in the development or administration of this Competition and each of their parent companies, subsidiaries, affiliates and successors, and the directors, officers, employees, agents and assigns of each of the foregoing (all of the foregoing, the “Competition Entities”) from and agrees not to assert any and all claims, actions, suits, proceedings and demands arising out of or relating to the conduct of or the entrant’s participation in the Competition, the acceptance or use of the prize or any exercise of the rights granted by entrant in this Agreement, and all liabilities, losses, injuries and/or damages arising out of relating to the same. The foregoing includes, without limitation, any claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any damage to or loss of personal or real property, due in whole or in part, directly or indirectly, to the acceptance of the prize, participation in the prize cruise or any activity or travel related thereto or participation in the Competition. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in the Competition or use or redemption of any prize. BY ACCEPTING CHAMPIONSHIP CRUISE, WINNER ACCEPTS (AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR, LAND AND SEA TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE CRUISE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT TO THE EXTENT PERMISSIBLE BY LAW, RELEASEES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
- Grant of Rights: Entry constitutes an irrevocable grant of permission to Holland America Line and its parent companies, affiliates, subsidiaries, promotional partners, contractors, agents, licensees and those each of them may designate from time to time to use the entrant’s name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, for purposes of advertising, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law). Holland America Line will also have the right to identify each Winner in connection with requests submitted pursuant to Section 9 and as may be required by law.
- General Conditions: Holland America Line reserves the right at its sole discretion to disqualify or prohibit from participating in the Competition any individual who, in Holland America Line’s discretion, Holland America Line determines or believes (a) has tampered with the entry process or has undermined the legitimate operation of the Competition by cheating, hacking, deception or other unfair playing practices, or (b) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Holland America Line, or (c) has attempted or intends to attempt any of the foregoing. Holland America Line reserves the right, in its sole discretion, to cancel, modify or suspend this Competition should a technical problem, entrant fraud or misconduct, or other causes beyond the control of the Holland America Line corrupt the administration, integrity, security or proper operation of the Competition. The Competition Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Competition or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. The Competition Entities are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, emails, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Competition. The Competition Entities are not responsible for undeliverable emails resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. Non-compliance with these Terms and Conditions may result in disqualification. All details concerning the conduct of the Competition will be determined by Holland America Line in its discretion. By participating in this Competition, each entrant agrees (and agrees to confirm in writing) (a) to abide to these Terms and Conditions, which are final and binding, and the decisions of Holland America Line with respect to all aspects of the Competition, which are final and binding and (b) if the entrant is selected as a winner, to accept the Cruise as awarded, without substitution. If any provision of the Terms and Conditions or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of the Terms and Conditions, it being the intent and agreement of the parties that the Terms and Conditions shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to give effect to Holland America Line’s intent. Any questions, comments or complaints regarding this Competition shall be directed to Holland America Line and not to Dancing With The Stars.
- Disputes: As a condition of participating, entrants agree (and agree to confirm in writing), to the extent permitted by law: (a) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Competition, or any cruise awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and Holland America Line in connection with the Competition, shall be governed by, and construed in accordance with, international maritime law, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any other jurisdiction. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in King County, Washington, U.S.A.
- Names of Winners: For the names of the Winners, send an email to dwtsatsea@hollandamerica.com with the subject line of “2014-2016 Dancing With the Stars at Sea Winners List Request.” Requests must be received no later than January 31, 2016.
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