Terms & Conditions
“St. Lucia Dream Vacation Giveaway” Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD: The “St. Lucia Dream Vacation Giveaway” Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on June 4, 2012 and ends at 11:59 PM ET on July 31, 2012 (the “Entry Period”). The Sweepstakes is sponsored by The Roaming Boomers, LLC
6994 E Shooting Star Way Scottsdale, AZ 85266 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to all legal residents of the fifty (50) United States who are at least eighteen (18) years old as of June 4, 2012. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, and Compliance Sweepstakes Services (collectively, the “Released Parties”) and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Sweepstakes Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes via the Sponsor’s micro-site, www.theroamingboomers.com (the “Web Site”), enroll in the rewards club, and follow the prompts to complete the registration process. There are no costs to enroll and join the rewards club, and no obligations of membership. You will be asked to provide your first and last name, phone number, email address and date of birth. Each Participant will certify they have read and agree with these Official Rules by clicking a check box.
By completing and submitting the Sweepstakes registration process, each participant will earn one (1) Sweepstakes entry. All entries must be received by 11:59:59 pm ET on July 31, 2012. Limit one (1) entry per person and household (mailing address) during the Entry Period. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the entrant only through website links listed above. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
IV. OPT-IN: By entering via the Sponsor’s micro-site, www.theroamingboomers.com (the “Web Site) you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes; the information that you provide in connection with the entry process will be used by Sponsor only, and will not be sold or provided to another company. You are authorizing the Sponsor to send you emails to the address entered on entry form, regarding product offerings. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in the most recent e-mail received. You will remain eligible for this Sweepstakes whether or not you opt out of receiving the e-mails.
V. LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VI. GRAND PRIZE: There will be one (1) Grand Prize winner. The Grand Prize winner will receive a trip for two (2) persons to Anse Chastenet Resort in St. Lucia. The Grand Prize (“Trip”) includes the winner and a guest. The trip will be for 6 days / 5 nights and will include: i) a $1,500 airline travel gift card to be used toward the purchase of airfare between a major airport closest to the winner’s residence and the St Lucia airport, and ii) vacation package voucher good for a 6 days / 5 night stay for two (2) persons to Anse Chastenet Resort in St. Lucia. The Grand Prize winner will select the airline they desire to travel with and the airline gift card will be sent to winner to book their desired flight(s). The Approximate Retail Value (“ARV”) of the Grand Prize is $3,750. Grand Prize winner is responsible for establishing all travel arrangements. The Trip must be completed by April 4, 2013, or the prize will be forfeited. All travel and accommodations are the responsibility of the Grand Prize winner upon receipt of the aforementioned gift card and voucher. The Released Parties shall have no responsibility or liability for the travel or accommodations. Trip prize winner must provide own transportation for themselves and their travel companion to and from departure airport. It is the responsibility of the Trip prize winner and his/her travel guest to arrive at the departure airport in time for their departure and return flights, with proper government-issued travel documentation, including proper identification. Certain travel and security restrictions may apply and it is the responsibility of the Trip prize winner and travel guest to comply with all travel, security and other laws, regulations, airline passenger and hotel rules that apply to them. Trip prize winner and his/her guest will be solely responsible for all expenses incurred by them while redeeming the Trip prize that are not included in the prize package, including the following: beverages, travel insurance, optional guide gratuities, airport departure tax, and items of personal needs (snacks, laundry, souvenirs, etc.). In the event that a prize component of the Trip package is not available, cancelled or rescheduled for any reason, then the remaining elements of the prize shall constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded. If the Trip prize winner chooses to take the Trip without a guest, then the remaining elements of the Prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded. Sponsor will not replace any of the prize travel documents that are lost, mutilated, or stolen. Any difference between stated ARV and actual value of the Trip prize will not be awarded. The Total Prize pool is valued at $3,750.
VII. PRIZE WINNER SELECTION: The prize winner will be selected from among all eligible entries received, in a random drawing on or about August 7, 2012, by the Administrator, an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes. Odds of winning a prize will depend on the total number of eligible entries received. The prize winner will be notified by telephone, e-mail and/or USPS mail. Upon initial notification and verification of the prize winner, confirmation will be sent to the prize winner via mail, or other home delivery service of Sponsor’s choice.
VIII. PRIZE TERMS AND CONDITIONS: The winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”), and return it within ten (10) days of written notification or the prize may be forfeited and an alternate potential winner selected, time-permitting. If a prize winner is considered a minor in their state of residence, the parent or legal guardian must sign and return the Prize Acceptance Release and the respective prize will be awarded in the name of his/her parent or legal guardian. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and the potential winner is subject to verification before the prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sweepstakes Administrator is not the supplier or guarantor of any prize. Prizing may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
The prize winner is solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prize is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. A prize winner will be required to provide Sponsor with a valid social security number (should the ARV of the respective prize be equal or greater than $600) before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner for the total ARV of the prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.
Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
IX. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Sweepstakes Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
X. RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless the Sponsor, Released Parties, and their designees and assigns and all of their respective officers, directors, employees, representatives and agents, from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor’s Web Site; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Entrants further acknowledge that the Sponsor and Released Parties makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize. The prize winner bears all risk of loss or damage to his/her respective prize immediately upon receipt.
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Arizona, in the City of Scottsdale, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Arizona, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by 7/31/12 and received by 8/7/12 and mail to: Compliance/“St. Lucia Dream Vacation Giveaway” Sweepstakes Official Rules, 106 Elm St, Stonington, CT 06378.
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the winner, please send a self-addressed, stamped business size envelope, by October 8, 2012, to: Compliance/“St. Lucia Dream Vacation Giveaway” Sweepstakes Winners List, 106 Elm St, Stonington, CT 06378.
XIV. SPONSOR: The Roaming Boomers, LLC 6994 E Shooting Star Way Scottsdale, AZ 85266.
XV. ADMINISTRATOR: Compliance Sweepstakes Services, 106 Elm St., Stonington, CT 06378 (the “Sweepstakes Administrator”).
Website Terms and Conditions
THE ROAMING BOOMERS, LLC TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement, hereinafter “Agreement”, specifies the terms and conditions for access to and use of www.theroamingboomers.com, hereinafter the “Site”, and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by The Roaming Boomers, LLC upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://roamingboomers.wpengine.com/terms/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. This site is and shall continue to be the property of The Roaming Boomers, LLC or its suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any part of this site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in the Site by or through your use of the Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any individuals under the age of 18. By using this site, you warrant that you are over the age of 18.
5. Site Use.
The Roaming Boomers, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of The Roaming Boomers, LLC and The Roaming Boomers, LLC may terminate your use of this website at any time.
6. Prizes from Contests or Drawings. The Roaming Boomers, LLC disclaims all warranties of any kind pertaining to any prizes you may receive and is not liable for any defects they may have. By accepting the prizes, you agree to take them “as is.” Furthermore, if the prize(s) you receive meet(s) or exceed(s) six hundred dollars ($600.00) in value in any given year, The Roaming Boomers, LLC will send you via U.S. mail a 1099 form for tax reporting purposes. This form will be sent to your last known address, so it is imperative that you keep The Roaming Boomers, LLC informed of any change in address. Please note that you are solely responsible for reporting any tax liability to the state and federal government, and by accepting a prize, you warrant that you will pay any and all applicable taxes. The Roaming Boomers, LLC bears no such responsibility.
7. No Warranty Regarding Experience with Travel Deals. The Roaming Boomers, LLC bears no responsibility or liability for any issues or concerns that may arise during your experience with a particular travel deal offered pursuant to your membership in either the Rewards Club or Platinum Rewards Club.
8. Platinum Rewards Club Automatic Payments. You authorize The Roaming Boomers, LLC to automatically charge your credit card the annual fee for membership in the Platinum Rewards Club on the anniversary of your initial date of membership. This charge will occur automatically unless you provide The Roaming Boomers, LLC with a thirty-day written notice of your request to cancel your membership.
9. Platinum Rewards Members’ Duty of Confidentiality. By becoming a Platinum Rewards Member, you agree to keep all unique benefits or specials offered to you confidential from the general public.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. “Cheating” Software. You agree not to use any “cheating” software that creates artificial views from non-humans. If we detect use of this software in connection with our website, your IP address will be banned, your use of www.theroamingboomers.com will be terminated, and any prize won through the use or assistance of such software will be forfeited.
12. Indemnification. You agree to indemnify, defend and hold The Roaming Boomers LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE ROAMING BOOMERS, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE ROAMING BOOMERS, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to The Roaming Boomers, LLC:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Roaming Boomers, LLC
6994 E Shooting Star Way
Scottsdale, AZ 85266
By e-mail: [email protected]
14. Applicable Law. You agree that the laws of the state of Arizona, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and The Roaming Boomers, LLC or its affiliates.
15. Venue. Any action or proceeding related to or arising out of any dispute between you and The Roaming Boomers LLC or its affiliates shall be brought and maintained exclusively in a court of competent jurisdiction in the County of Maricopa, State of Arizona.
16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
17. Termination. The Roaming Boomers LLC may terminate this Agreement at any time, with or without notice, for any reason.
18. Contact Information.
The Roaming Boomers LLC 6994 E Shooting Star Way Scottsdale, AZ 85266
policy is designed to advise you about how we collect, use, and protect the personal
information you provide. By visiting this site, you are accepting the practices described in
2. What Information is Collected. (a) Information You Provide to Us: We collect any
information you enter on our site, or that you give us in any other way. You can choose
not to provide certain information, but you may not be able to take advantage of our
services and features. In order to register for the Rewards Club Membership, we will ask
for your first and last name as well as your email address. If you wish to enroll in the
various sweepstakes we offer, we will ask you to provide your name, address, phone
number, email, and birth date (for the purpose of verifying that you over the legal age
limit to enter into the sweepstakes). Finally, for the Platinum Rewards Membership, the
exclusive membership which allows you access to special promotions and offers, we will
ask for your personal identifying information as well as your financial information
(including credit card number and expiration date) for billing purposes.
(b) Automatic Information: When you visit a website, you disclose certain information,
such as your Internet Protocol (IP) address and the time of your visit. This site, like many
other sites, records this basic information about visits to our site.
(c) “Cookies”: Cookies are pieces of information that are transferred to your computer
from a web server. Most browsers are set up to accept cookies, but you can change your
settings to have your browser notify you when you receive a new cookie or to refuse to
3. How and When the Information is Used. The information we collect is used for
administering our business activities. We may use the information to notify you about
changes to our website, new services, or special offers.
4. How We Protect Your Information. The privacy and protection of your information
is important to us. We do not make any personal information available to third parties
without your permission. Furthermore, if you are enrolled in our Platinum Rewards
Club, your access to content is password protected. We therefore advise that you do not
disclose your password to anyone. In addition, we recommend you sign out of password-
protected services at the end of your session.
5. Who Has Access to the Information. Information about our users is important to us.
We will not disclose any individually identifiable information to any third party without
first receiving that user’s permission.
We occasionally hire consultants and companies to provide limited services on our
behalf, such as handling the processing and delivery of mailings, providing customer
support, hosting websites, processing transactions, or performing statistical analysis of
our services. Those service providers will be permitted to obtain only the personal
information they need to deliver the service. They are required to maintain the
confidentiality of the information and are prohibited from using it for any other purpose
than for delivering the service to us in accordance with our instructions and policies.
However, our fraud detection vendors may use data to help improve their services. This
helps them more accurately detect fraudulent transactions. We may access or disclose
information about you, including the content of your communications, in order to: (a)
comply with the law or respond to lawful requests or legal process; (b) protect the our
rights or property or our customers, including the enforcement of our agreements or
policies governing your use of the services; or (c) act on a good faith belief that such
access or disclosure is necessary to protect the personal safety of our employees,
customers or the public. We may also disclose personal information as part of a corporate
transaction such as a merger or sale of assets.
6. Methods We Use to Protect Your Information. We use security software to protect
the confidentiality of your financial information. In addition, our business practices are
reviewed periodically for compliance with policies and procedures governing the security
and confidentiality of our information. Our business practices limit employee access to
confidential information, and limit the use and disclosure of such information to
7. Children. This website does not provide services or sell products to children under the
age of 18. If you are under 18, you may use this website only with the involvement and
consent of a parent or guardian. The Roaming Boomers respects national and
international laws, including the Children’s On-line Privacy Protection Act (“COPPA”),
which applies in the United States. The Roaming Boomers, LLC’s website is not
directed to children under 13, and does not knowingly collect personal information from
8. How You Can Access Your Information. You can request access to all your
personally identifiable information by sending an e-mail to
9. Consent. By using our website, you consent to the collection and use of your personal
immediately post those changes to our website. Any such changes will be effective
immediately upon being posted, unless otherwise stated in the change.