RISING STAR PROGRAMME – OFFICIAL RULES
1. Sponsors: Kruger Cowne Ltd, Unit 18G, Chelsea Wharf, 15 Lots Road, London SW10 0QJ, UK AND One Young World, 25 Nutford Place, Office 102, London, W1H 5YQ AND Spaceship Earth Grant Corp. USA (collectively, the “Sponsors”).
2. Programme description: Any capitalized terms not previously defined are defined below. The Rising Stars Programme (the “Programme”) is a multi-stage Programme where eligible participants may submit valid Entries during the Entry Period (each an “Entrant”). On October 2, 2015,Sponsors shall select the top thirty (30) shortlisted entries, and subsequent three (3) finalists (each a “Finalist”), who will each win a trip to the One Young World Summit 2015 in Bangkok, Thailand (the “Summit”), as further set forth below. One (1) top Finalist will be announced as the Grand Prize Winner at the Summit and will be eligible to win a flight into sub-orbital space on the XCOR Aerospace (“XCOR”) Lynx or Lynx II craft as well as the opportunity to be signed to Kruger Cowne.
3.1. The Programme is open only to those persons eighteen (18) years of age or older at the time of entry and is subject to any age or health requirements imposed by either XCOR or the One Young World Summit 2015 (“Prize Restrictions”). (VOID IN ANY COUNTRY WHERE: (A) ENTRY INTO OR PARTICIPATION IN THE PROGRAMME; (B) TRAVEL TO THE SUMMIT, OR (B) PARTICIPATION IN THE GRAND PRIZE (INCLUDING BECAUSE OF TRAVEL OR VISA RESTRICTIONS) IS PROHIBITED BY LAW. )
3.2. Employees of Sponsors or XCOR, any affiliate or subsidiary of Sponsors or XCOR, or any business or entity involved in the development, production, implementation, administration or fulfillment of this Programme (collectively, the “Programme Parties”), and the immediate family members of any of the above (meaning spouses, parents, siblings and children living in the same household) and/or those living in the same household (whether related or not) are not eligible to enter or win the Programme.
3.3. The Programme is subject to, and all Entrants shall comply with, all applicable federal, state and local laws and regulations. Participation constitutes the Entrant’s full and unconditional agreement to these Official Rules (“Rules”) and Sponsors’ decisions, which are final and binding in all matters related to the Programme, including, without limitation, any decisions regarding the eligibility/disqualification of Entrants, Entries and/or votes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Programme periods: The Programme begins at 12:00:01 AM Greenwich Mean Time (“GMT”) on Friday July 3, 2015, and ends at 11:59:59 PM GMT on Tuesday August 30, 2015 (the “Programme Period”) Sponsors’ method of timekeeping is the official time clock for the Programme and is final and undisputable.
5. How to Enter and participate:
5.1. To enter the Programme, during the Entry Period (Entries close 11:59 PM Greenwich Mean Time (“GMT”) on Friday July 3, 2015) , submit an entry via http://www.krugercowne.com/ (an “Entry”) that includes a personal message and vision of how Entrant would put his/her flight experience to the best beneficial use, including for Entrant’s community and for the Rising Star Programme.
5.2. All Entries are subject to verification. Sponsors reserve the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsors – including, without limitation, government issued photo identification) to participate in this Programme. Failure to provide such proof to the satisfaction of Sponsors in a timely manner may result in disqualification.
5.3. Proof of Entry is not proof of receipt. All late, lost, incomplete or incompatible Entries are not considered valid and are subject to disqualification in the sole discretion of Sponsors. Any form of entry other than as specified in these Rules (including, but not limited to, automated, copied, third party or mechanically reproduced entries) are prohibited and will result in disqualification in the sole discretion of Sponsors.
5.4. By uploading an Entry, Entrant agrees that its Entry (and each individual component thereof) conforms to the Guidelines and Restrictions set forth below and that Sponsors, in their sole discretion, may remove Entrant’s Entry and disqualify Entrant from the Programme if it believes that Entrant’s Entry fails to conform to the Guidelines and Restrictions and/or these Rules.
6. Guidelines and Restrictions:
6.1. Entry Guidelines and Restrictions: The Submission, Form and/or Entry must conform to the following (all as determined by Sponsors in their sole and absolute discretion):
6.1.1. The Entry must be family appropriate for all ages;
6.1.2. The Entry must be in English and the Entrant must speak English;
6.1.3. The Entry must not include any private information of a third party such as name, address, phone number or email address;
6.1.4. The Entry must include the Entrant but can include other individuals;
6.1.5. The Entry must not include any nudity;
6.1.6. The Entry must not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement or trade-mark infringement;
6.1.7. The Entry must not disparage Sponsors or any other person or party;
6.1.8. The Entry must not contain material that Sponsors deem to be inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
6.1.9. The Entry must not contain swear words or other course language;
6.1.10. The Entry must not contain material that Sponsors deem to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
6.1.11. The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
6.1.12. THE DECISION REGARDING THE APPROPRIATENESS OF THE CONTENT OF ALL ENTRIES SHALL BE AT THE SOLE DISCRETION OF SPONSORS.
6.1.13. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES.
6.2. Additional Physical, Health-Related and Training Guidelines and Restrictions for the Finalists:
6.2.1. Due to the nature of space travel, Finalists may be required to pass physical fitness and medical requirements specified by XCOR.
6.2.2. Sponsors have the right to request a medical examination of a Finalist to ensure his/her safety.
6.2.3. In general, normal medical and physiological health standards will be used. The Entrant must be free from any disease, any dependency on drugs, alcohol or tobacco; Normal range of motion and functionality in all joints; Visual acuity in both eyes of 100% (20/20) either uncorrected or corrected with lenses or contact lenses; Free from any psychiatric disorders; Generally healthy, with an age- and gender-adequate fitness level; Blood pressure should not exceed 140/90 measured in a sitting position; The standing height must be between 157 and 190 cm.
6.2.4. Due to the nature of space travel, Finalist has to be of sound mental health.
6.2.5. If a Finalist is found not to match the expected level of physical fitness, and physical and mental health, Finalist may be disqualified and alternate Finalist will be selected.
6.2.6. Finalist will be required to attend training in order to ensure physical and mental preparation for space flight.
6.2.7. Failure to undertake the required training may cause Finalist to be disqualified and replaced. Finalist may also be disqualified as a delegate or attendee of the Summit.
6.2.8. THE DECISION REGARDING THE PHYSICAL AND MENTAL ABILITY OF THE FINALIST SHALL BE AT THE SOLE DISCRETION OF SPONSORS.
6.3. THE RELEASEES (AS DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF THE ENTRY(S) (OR ANY COMPONENT THEREOF) BY, OR ON BEHALF OF, SPONSORS. THE RELEASEES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
6.4. Sponsors and/or their promotional agencies (each a “Reviewer”) may screen every Entry. The Reviewer reserves the right, in its sole discretion, to edit or modify any Entry (or a component thereof), or to request an Entrant to modify, edit and/or re-submit his or her Entry (or a component thereof), in order to ensure that the Entry complies with these Rules, or for any other reason. For greater certainty, the Reviewer reserves the right, in its sole discretion and at any time during the Programme, to modify, edit or remove any Entry (or a component thereof), or to request an Entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary during the selection/shortlist/finalist process, the Sponsors reserves the right to remove Entrant from the Programme.
6.5. By participating in the Programme, Entrant represents and warrants that: (i) Entrant has obtained all permission necessary for Sponsors to publish or use the Entry (and each component thereof) in any media worldwide including, but not limited to, any holder of copyrights, trade-marks or other rights in materials or other items depicted in the Entry; (i) its Entry(s) (and each component thereof) is original and that the Entrant has all necessary rights (including, without limitation, consent of the photographer/videographer) in and to the Entry(s) to enter the Programme; and (ii) its Entry(s) (and each component thereof) 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.
6.6. By entering the Programme and submitting an Entry, Entrant agrees to release and hold harmless the Releasees (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Entry.
7. WINNER Selection Process:
7.1. During the Programme Period, the Sponsors shall review each Entry based on creativity, novelty, social benefit, ability to inspire others, relevance to the question of how Entrant’s flight would be beneficial to the Programme, in addition to Entrant’s background, suitability for space flight, speaking/presentation ability, and physical fitness and any Prize Restrictions. Entries will be shortlisted by the Sponsors to a select 30.
7.2. Selection of shortlist will be at the Sponsor’s sole discretion.
7.3. Shortlist will then be asked to share a video entry and biography, to be shared on the official website, explaining why they hold the qualities of the first Rising Star and why they should be selected. Sponsors will then review video and biography and select three (3) of the shortlist to become finalist.
7.4. The three (3) Entrants with the strongest videos and entries shall be declared the Finalists.
7.5. The three (3) finalists will be invited to the One Young World Summit to deliver a key note speech, up to the length of fifteen (15) minutes in front of a panel of judges selected by Sponsors (“Judges”).
7.6. The Finalist with the strongest speech and overall presence, to be chosen by the judges, will be named the first “Rising Star”.
7.7. Odds of being selected as a Finalist depend on the number of Entries received.
7.8. Before being declared as a confirmed Finalist and/or Shortlist, each selected Finalist must sign and return by email within five (5) business days of notification a release form prepared by Sponsors, which, among other things confirms compliance with these Rules, releases the Programme Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any and all claims, damages, proceedings, actions, liabilities, loss, injury, costs, and expenses (including reasonable legal expenses and interest) (“Claims”) arising from any liability in connection with this Programme and/or the Finalist’s participation therein, assigns all intellectual property, including copyright, in and to Finalist’s Entry and waives Finalist’s moral rights therein in favor of Sponsors to the fullest extent permitted by law, and agrees to indemnify the Releasees against any and all Claims arising from use of Finalist’s Entry (or a component thereof), including, without limitation, any claim that Finalist’s Entry (or a component thereof) infringes a proprietary interest of any third party.
7.9. If a selected Finalist and/or Shortlist: (i) cannot be contacted within a maximum of three (3) attempts, or if there is a return of any notification as undeliverable; and/or (ii) fails to return the properly executed Programme documents within the specified time; and/or (iii) cannot be a Finalist and/or Shortlist for any reason; then he/she will forfeit the opportunity to be a Finalist and/or Shortlist and the Sponsors reserve the right, in their sole and absolute discretion, to select the eligible Entry/Shortlist who best fits received the next highest score in accordance with these Rules to be an eligible Finalist and/or Shortlist (in which case the foregoing provisions of this section shall apply to such new eligible Finalist).
8. Prizes and Approximate Retail Values (“ARV”):
8.1. A total of four (4) prizes will be awarded in this Programme: three (3) prizes will be awarded to the Finalists (each a “Finalist Prize”) in addition to one (1) grand prize that will be awarded to the recipient of the Finalist Prize who is also chosen as the Rising Star (“Grand Prize”).
8.2. Grand Prize: The Grand Prize shall consist of: (a) one (1) round-trip ticket for a flight into outer space (at the altitude and distance determined by the carrier), with an ARV of one hundred thousand dollars (£65,000.00 GBP) (each, a “Ticket”); (b) an offer to be contracted by Kruger-Cowne Ltd., for paid speaking engagements for three (3) years following the date of receipt of the Grand Prize, (c) at least ten (10) paid speaking engagements per year during such three (3) year period, and (d) round trip airfare, accommodation, and expenses to complete a speaking engagement at the One Young World Summit 2016. In the event that the Grand Prize is not available for any reason, Sponsors reserve the right to award the cash value of the Ticket instead, which cash value shall consist of the entire Grand Prize and sections (b)-(d) shall be null and void. MUST BE PRESENT AT THE SUMMIT TO WIN THE GRAND PRIZE.
8.3. Finalist Prizes: Each Finalist Prize consists of a trip to attend the Summit, arriving in Bangkok on November 18, 2015, and leaving on November 21, 2015, and includes economy class round trip airfare, standard lodging (for three (3) nights, ground transportation to/from airport nearest to Finalist’s home, and ground transportation to/from Summit and entry to the Summit. The ARV of each Finalist Prize is 100.000+ pounds (£xxx GBP). Each Finalist must make arrangements for travel within four (4) weeks of notification that he or she is selected as a Finalist. If Finalist is unable to travel within the time period required, the Finalist Prize will be forfeited. Finalist is responsible for obtaining all necessary travel documents including passports and for obtaining any travel insurance (and all other forms of insurance). Sponsors are not responsible for travel delays, if tickets, etc. are lost, stolen, or misplaced by the Finalist, or any subsequent injuries or deaths related to the trip. Sponsors reserve the right to terminate the trip early in the event the Finalist engages in a disorderly or disruptive manner and send that Finalist home with no further compensation. The Finalist is bound by the terms and conditions of all hotels and other third-party service providers used in connection with the Finalist Prize.
8.4. Total ARV: The total ARV for all prizes is 100.000+ pounds (£xxx GBP).
8.5. Additional terms and conditions: Prizes may not be substituted, assigned and/or transferred, except Sponsors reserve the right to substitute any prize (or a component thereof) with a prize of equal or greater value for any reason. All expenses and incidental travel costs not expressly stated in the descriptions above, including but not limited to, ground transportation, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of Finalists and/or the Grand Prize Winner. LIMIT ONE (1) PRIZE PER HOUSEHOLD. Entrant is not a winner of any prize until he/she receives official notification from Sponsors. Finalists are solely responsible for all federal, state and local taxes and fees associated with the receipt of a prize. Should federal, state, regional or local law impose any tax reporting or filing obligations on Sponsors arising out of the Finalist’s participation in the Programme (including the Finalist’s receipt of and/or use of any prize), the Finalist agrees to timely provide Sponsors with any information that is reasonably needed for Sponsors to comply with any such reporting or filing obligations.
9. Prize Acceptance:
9.1. As detailed above, each Finalist must complete, execute and return an affidavit (declaration and release, in Canada) by email confirming the Finalist’s identification and eligibility and an assignment of rights and waiver of moral rights to his/her Entry (see above), and each Finalist will be required to complete, execute and return a Publicity Release.
9.2. THE FINALISTS MUST BE PRESENT AT THE SUMMIT AND PREPARED TO PROVIDE KEY NOTE UP TO THE PERIOD OF 15 MINUTES IN ORDER TO BE ELIGIBLE FOR THE GRAND PRIZE. THE GRAND PRIZE WINNER WILL BE ANNOUNCED AT THE SUMMIT AND MUST BE PRESENT TO WIN.
9.3. Except where prohibited by law, participation in the Programme and/or acceptance of a prize constitutes each Entrant’s consent to Sponsors and their agents’ use of the Entrant’s name, likeness, biographical information, photograph, voice, opinions and/or hometown and state for promotional purposes in any channel or media (including b-roll edited footage, raw video footage, trade, consumer, social media, public relations, websites), worldwide, without further payment or consideration or any right of approval over such uses.
9.4. Except as otherwise set forth in these Rules, the Releasees will not be responsible for any and all Claims of any kind to or of any person or property (including, without limitation, death of any person), arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Programme related activity, or participation in this Programme. This Programme is void where prohibited or restricted.
9.5. IN RESPECT OF LEGAL RESIDENTS OF THE UNITED KINGDOM, NOTHING IN ANY PART OF THESE RULES RESTRICTS OR LIMITS SPONSOR’S RESPONSIBILITY FOR:
9.5.1. DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE;
9.5.2. CLAIMS THAT ARE DUE TO THE FAULT OF SPONSORS (TO THE EXTENT THAT SUCH CLAIM WAS REASONABLY FORESEEABLE),
9.5.3. FRAUD; OR
9.5.4. FRAUDULENT MISREPRESENTATION (I.E. WHERE SPONSORS HAVE DELIBERATELY TOLD YOU SOMETHING THAT WAS UNTRUE WHICH HAS CAUSED YOU TO ENTER INTO THE PROGRAMME).
10. GRANT OF RIGHTS: Each Entrant unconditionally assigns and transfers to Sponsors all rights, title, interest, claims, ideas, concepts, copyrighted materials, trademarks, and any other proprietary rights or intellectual property rights contained in any Entry, submitted in the Programme Entrant now has, or may in the future have to the Entry, including “moral rights” in any Entry. Sponsors have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Entry, including but not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce it, in whole or in part, without compensation or additional consent from the Entrant, or any third party.
11. General Conditions:
11.1. The Releasees are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, Internet Service Provider (ISP) or other connection availability, server malfunction, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions or any human, mechanical or technical or electronic error which may occur in the collection and processing of Entries and/or votes; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected or incomplete Entries, votes or personal information or mail; or (d) any condition caused by events that may cause the Programme to be disrupted or corrupted, regardless of the reason. Sponsors are not responsible for injury or damage to Entrants’ or any other person’s computer or property related to or resulting from participating in this Programme.
11.2. Sponsors reserve the right, at their sole discretion, to cancel, amend or suspend the Programme or any portion thereof (including, without limitation, amending these Rules) should viruses, bugs, technical difficulties, suspected or actual electronic tampering, or other causes corrupt the administration, security, integrity or proper play of the Programme. In the event of cancellation or suspension, notification thereof will be posted on the appropriate websites and prizes will be awarded based all eligible Entries legitimately received immediately prior to the event(s) causing the termination or suspension. Persons who tamper with or abuse any aspect of the Programme or act in violation of the Rules, or act in any manner to threaten or abuse or harass any person, as solely determined by the Sponsors, will be disqualified. Sponsors are not responsible for any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Programme. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that Entrant to disqualification.
11.3. Programme, including construction, validity, interpretation and enforceability of these Rules shall be: (1) governed by the laws of England and Wales without regard to choice of law or conflict of law principles (whether of England and Wales or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than England and Wales; (2) any dispute, claims and causes of action arising out of or connected in any way with the Programme or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in the courts located in London, England; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Programme, but in no event attorneys’ fees; and (4) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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.
11.4. Sponsors reserve the right, in their sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entry(s) with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsors, in its sole and absolute discretion, affect the proper administration of the Programme as contemplated in these Rules. All changes to these Rules will be posted in revised official rules.
11.5. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Programme-related materials, including, but not limited to: the Form and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
12. Prize Winners List: For names and towns of Finalists, visit www.krugercowne.com after the Programme Period for a period of thirty (30) days after Finalists have been selected.