GOWAY CELEBRATES 40 YEARS

Contest Rules And Regulations

THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES, D.C. AND CANADA ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES AND THE PROVINCE OF QUEBEC). YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE/PROVINCE OF RESIDENCE OR OLDER TO ENTER.

Goway Travel "40 Trips in 40 Weeks Giveaway”
(the "Sweepstakes”) — Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

  1. The Sweepstakes-Period is from 12:00:01 am Eastern Time (ET), February 8, 2010 ("Sweepstakes-Start") to 11:59:59 pm ET, December 26, 2010 ("Sweepstakes-End"). Sponsor's computer clock is the official time clock for the Sweepstakes. During the Sweepstakes-Period, there will be 40 separate Drawings. The first 39 Drawings will have their own weekly Drawing Periods as detailed below. The 40th week's Drawing Period will contain all eligible entries received from Sweepstakes-Start to Sweepstakes-End. The term "Sweepstakes” as used herein refers to each such Drawing individually and collectively unless otherwise specified
  2. Eligibility: This Sweepstakes is open only to a legal resident residing in the geographic areas of the 50 United States and Canada (excluding, without limitation, Puerto Rico and other US Territories and the Province of Quebec) who is the age of majority in his/her state/province of residence or older and who had Internet access prior to Sweepstakes-Start. Void where prohibited, licensed, restricted or taxed. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless where they live) or members of household of Goway Travel Inc. ("Sponsor”) and THE MARKETING AGENCY, LLC ("Administrator”), their respective parent companies, subsidiaries, advertising, design, printing, web design, web hosting and publicity agencies (the "Sweepstakes Entities”) and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
  3. How to Enter: This Game is played only on the Internet. There are 39 weekly Drawing Periods commencing 12:00:01 am on the Monday and ending at 11:59:59 pm on the Sunday of the weekly Drawing Period in question except for the first weekly drawing from eligible entries submitted from Sweepstakes-Start to March 28, 2010. In addition, there is a final drawing from all entries received during the Sweepstakes Period. Go to www.goway.com/40th, follow the link and instructions and enter all the required information requested including a valid, working email address for which you are the authorized user. Non-winning weekly entries will not be "rolled over” to future Drawing Periods except for the final Drawing where all entries received during the Sweepstakes Period will be included in the Drawing. Therefore, you must enter each week to be considered for a weekly Drawing Period except for the final Drawing which will consist of all weekly entries (including entries in the 40th week) received during the Sweepstakes Period. Maximum one (1) entry per person or email address per weekly Drawing Period.Entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be deleted. An "Authorized User” of an email address is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the authorized user of the email address and s/he must be eligible and comply with these Official Rules.
  4. Winner Selection: One Grand Prize winner will be drawn in random drawings from all eligible entries received during each Drawing Period on or about five (5) days after the end of the Drawing Period in question. The potential prizewinners will be notified within three (3) business days after the selection is made via phone or email, in Sponsor's sole, subjective discretion, to the phone number or email address submitted during registration. It is an entrant's responsibility to keep his/her phone number and email address valid and current. A potential winner will have three (3) business days to reply, agreeing to accept the prize and providing/confirming full contact information. Failure to confirm and provide the above will signify to Sponsor that the prize has been declined and forfeited for all time and another potential winner will be chosen in random drawings.
  5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: (40) Grand Prize:

Week

Drawing Period Ending 11:59:59 pm

Prize
(Click prize for details)

Approximate Retail Value in US Dollars
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    Total Value $262,092

Odds of winning: Dependent on the total number of eligible entries received during each Drawing Period. Should the actual value of a prize be less than the ARV stated, the difference will not be awarded in cash or kind. A winner will be responsible for all other expenditures not specifically mentioned as part of the details of the prize. Winners acknowledge that Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. All prizes will be awarded if claimed properly according to the Official Rules.

  1. General: Sweepstakes administration and winner selection and verification will be conducted by THE MARKETING AGENCY, LLC, an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sponsor is not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of, without limitation, technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor or its representatives who enter incorrect information into any of Sponsor's computer systems or by force majeure. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate the Sweepstakes if in Sponsor's sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly. Should the Sweepstakes be cancelled/terminated, a winner will be drawn from eligible entries received up to the time of cancellation for that Drawing Period and no further drawings will take place. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole, subjective judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant's discovered entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prizes and the values listed in the Official Rules shall be awarded. Winners and travel companions (who must be the age of majority in their state/province of residence or older and legal residents of, and reside in, the 50 United States or Canada) must travel on the same itinerary. Winners and travel companions are responsible for: 1) all travel documents including, without limitation, a current, valid US or Canadian Passport, Visas where necessary and/or other identification or documents acceptable to, or required by, the airlines, the U.S. Transportation Security Administration and/or the Canadian Air Transport Security Authority, all destination countries and the U.S. and/or the Canadian Governments; (2) all medical requirements of all destination countries and the U.S. and/or the Canadian Governments; (3) respecting all local regulations, and (4) for full compliance with the regulations of all venues. Without limitation, Sponsor, airline(s), hotels and all venues and other methods of transportation have the right to refuse travel and/or admission, as they may apply, to anyone who does not have proper travel/medical documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for a prize or part of a prize forfeited due to a winner's or winner's companion non-compliance with travel and venues' regulations or any other reason. The potential U.S. prizewinners will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release and an Affidavit of Eligibility, Liability and (where legal) Publicity Release (Travel Companion) and Canadian winners will be required to execute and return aDeclaration of Eligibility and Release of Liability/Publicity and a Declaration of Compliance with Sweepstakes Rules and Release of Liability/Publicity (Travel Companion) within three (5) business days of date on notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in random drawings. In addition, a Canadian potential winner will be required to answer a time-limited, mathematical question without any assistance. Failure to answer the question correctly will disqualify the potential winner and a new potential winner will be chosen in random drawings.
  2. By entering this Sweepstakes, an entrant explicitly releases, discharges and holds harmless the Sweepstakes Entities, their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all "costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorneys' or "experts'” fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of a prize, force majeure or any reason. One exception to the above is that in the first two (2) weeks from the date of signing (and the timely return as per instructions) the Affidavits/Declarations detailed above, a winner will be allowed to transfer the prize to someone else provided such notice is sent to Sponsor in writing and the recipient meets all the eligibility requirements of these Official Rules. The prize winner will still have responsibility for the tax consequences of winning the entire prize. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner shall be selected in random drawings.
  1. All federal, state/provincial and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state/provincial or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state/provincial or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are a winner's responsibility and a 2010 form #1099 will be issued to U.S. prizewinners for the ARV of their respective prizes or the actual value of the prizes.
  2. Acceptance of the prize constitutes permission to use the winner's name, city, state, voice and likeness and any and all identifying characteristics for promotional, advertising and publicity purposes by Sponsor (including posting to the goway.com website); this permission includes, but is not limited to, the requesting of a photograph or the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
  3. Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
  4. All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to Sponsor's/Administrator's Privacy Policies found by clicking on the "Privacy Policy” link on www.goway.com and The Marketing Agency's Privacy Policy found at www.themarketingagency.com/html/aboutUs.html.

By entering the Sweepstakes, you agree that any and all disputes, claims, actions and causes of action arising out of or connected with the Sweepstakes or the prizes awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Toronto, Ontario without regard for conflicts of law doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes and under no circumstances will you seek or be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any other damages other than for actual out-of-pocket expenses including any and all rights to have damages multiplied or otherwise increased and in no event attorneys' /experts' fees or costs. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

For a Winners List — available on or about January 30, 2011 send a hand-printed, self addressed, adequately stamped, #10, business envelope to:

Winner — Goway Travel "40 Trips in 40 Days” Giveaway, c/o The Marketing Agency, 2881 East Oakland Park Boulevard Suite 425, Fort Lauderdale, FL 33306 for return to a U.S. address, and

Winner — Goway Travel "40 Trips in 40 Days” Giveaway, c/o Goway Travel Inc., 3284 Yonge Street, Suite 500, Toronto, ON M4N 3M7 for return to a Canadian address.

Requests must be received by January 30, 2011. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.

  • This Promotion is sponsored by Goway Travel Inc., 3284 Yonge Street, Suite 500, Toronto, ON M4N 3M7 and administered by The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.

All trademarks are the property of their respective owners. © 2010, The Marketing Agency, LLC.