Official Referral Promotion
Rules & Conditions
 

PROMOTER & SPONSOR INFO

Ohio River Scenic Railway, LLC ("ORSR") is both the promoter and sponsor of this referral reward program and contest (collectively, "Promotion"). The principal address for ORSR is 333 7th Street Tell City, IN 47586.

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TIMING
 

Promotion begins on June 25, 2022 at 12:01AM CDT and expires at11:59PM CDT on July 31, 2022 ("Promotion Period").  

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PROMOTION GENERAL DESCRIPTION

 

All participant entry timelines and discount codes begin and expire in accordance with the TIMING section below.

 

This Promotion features two major components.

 

(1) Referral Reward Program ("RRP")

All participants in the Promotion must initially become a part of the RRP.  Participants are assigned a unique discount code ("Code"), which is automatically generated and shared with each new participant via email, immediately following submission of the Promotion entry form, found at www.OhioRiverTrain.com/contest.  Participants must wait for 24 hours after receipt of Code, before it is fully active and ready to be utilized. Participants are encouraged to share their Code publicly with prospective train passengers ("Prospects").  The Prospects can then use the Code when booking tickets on ORSR's online train ticket booking system, to receive 15% off of their entire purchase of AT LEAST two (2) tickets.  Code cannot be combined with other promotional discount codes or offers and is not valid for use in combination with Endless Adventure Pass membership discounts.

Each time a Prospect utilizes a Code, the successful use is logged and associated specifically with the Code so that the use of the Code can be attributed to the Participant who shared the Code.  After each five (5) uses of a Participant's Code, that Participant will accrue a twenty-five dollars ($25) credit to be redeemed after July 31, 2022.  This payment must either be picked up, in-person as cash or check, during normal business hours of 9A - 5P Central Time at the 333 7th Street Tell City, IN 47586, or, at the request of the Participant can be issued in the form of an ORSR coupon code or gift card to be used towards the purchased of tickets and other services or items at ORSR.  All Participant payments will be distributed beginning AFTER the end of the Promotion Period, and must be retrieved no later than December 31, 2022, or else they will be considered forfeited.  Participants MUST schedule a time with ORSR at least 48 hours in advance of the date they intend to retrieve their payment. ORSR recommends scheduling to retrieve payments at a time when the Participant will be taking a train ride. ​

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(2) Referral Contest ("Contest")
A minimum of 1,000 total coupon code redemptions (aggregated among ALL RRP-generated Codes), must be logged in ORSR's ticket system in order for the Contest to be valid and initiated.  All eligible participants in the RRP are also automatically eligible and are deemed to be participating in the Contest.  Prizes are issued in accordance with the "PRIZES" section below.

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ELIGIBILITY

 

NO PURCHASE NECESSARY to enter, win, or claim prizes.  Promotion is open to all legal residents of the United States, age 18 or older.  Employees, officers, directors, representatives, and agents of ORSR and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside), are NOT eligible to participate in the Promotion.  All applicable federal, state, provincial, territorial, and local laws and regulations apply. Void where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Referral Contest Rules & Conditions as well as Sponsor and Administrator’s determinations, which are final and binding in all matters related to the Promotion. For purposes of the Promotion, an participant’s email address will be the email address submitted at the time of entry.  Entrants will not be allowed to change their e-mail address or other contact information after initial entry.

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PRIZES

 

  Prizes are awarded based on participant referral performance metrics, NOT based on chance. 
 

The Contest features three (3) performance-based prizes:
 

     a.) $10,000 Grand Prize - Only one (1) is offered to the participant with the highest quantity of redemptions on his/her Code by the end of the Promotion Period.  If there is more than one Participant "tied" for the highest number of redemptions, the prize winnings will be split evenly between all Participants who possess the highest number of code redemptions.
 

     b.) $5,000 Runner-Up Prize(s) - An additional issuance of this prize ($5,000) is offered to each of the next highest performing "runner-up" participants, for each interval of 1,000 aggregate Contest Code redemptions.  This prize will be awarded after the initial 1,000 aggregate RRP redemptions.

(e.g., if, in aggregate, RRP coupons are redeemed 2,000 times in ORSR's online ticketing system by the end of the Promotion Period, then a single $5,000 prize will be awarded to the 1st runner up participant who received the next highest quantity of Code redemptions - after the Grand Prize recipient, on his/her Code,.  If 3,000 aggregate RRP coupons redemptions are recorded in ORSR's online ticketing system by the end of the Promotion Period, then two (2) $5,000 prizes will be awarded to the 1st and 2nd runner-up participants who received the next two highest quantities of Code Redemption, after the Grand Prize recipient, on his/her Code.)

If there is more than one Participant "tied" for any of the "Runner-Up" spots, each separate prize will be split evenly between each of the Participants sharing that particular "Runner-Up" rank.

     c.) $1,000 Sprinter - Only one (1) Sprinter award, in the amount of $1,000, is offered to the first Participant who receives 10 coupon redemptions on his/her Code.

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METHOD OF ENTRY

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There is only one (1) method to enter the Promotion. 

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All participants must complete and submit the electronic form located on ORSR's website at www.OhioRiverTrain.com/contest.  The only required piece of information is an email address to be used for providing the unique Code and to contact winning participants.

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APPROXIMATE RETAIL VALUE ("ARV") OF PRIZES AND ODDS OF WINNING

a.) Prizes: Since prizes are given in cash or check, their ARV can be represented as their exact cash value as listed in the PRIZES section..

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b.) Odds of Winning: Prizes are awarded based on participant referral performance metrics, NOT based on chance.

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c.) General: There is a limit of one (1) prize per person/household. 

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HOW TO CLAIM A PRIZE

 

Prize-winning participants will be announced within 14 days of the end of the Promotion Period.  Prizes may be claimed by the named participant(s) after July 31, 2022, in person at 333 7th Street Tell City, IN 47586.  Any prize that remains unclaimed for more than 30 days after the winning participant has been announced via email and/or ORSR's official Facebook page, will be forfeited. Each potential winner will be notified via e-mail by Sponsor or its authorized designee at the e-mail address provided at the time of entry.  If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, or declines to accept, the prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to an alternate winner, selected by choosing the next closest participant to the prize eligibility standard from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.

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LIMITATION OF LIABILITY

 

By participating in this Promotion, entrants agree that the Promotion
Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Promotion Entities are not responsible for any unanswered or undeliverable winner notifications.

 

By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and 5 reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more than the stated number of prizes be awarded. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than the stated number of prizes to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.
 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

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DISPUTES

 

THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF INDIANA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE PERRY COUNTY, INDIANA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN INDIANA.

ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN PERRY COUNTY, INDIANA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS
ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

 

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PRIVACY

Sponsor's Privacy Policy is available at www.OhioRiverTrain.com/privacypolicy

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PUBLICITY RIGHTS

By participating in the Promotion and/or accepting a prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right

to use his/her name, address (city and state/province), biographical

information, photos, picture, portrait, likeness, voice, and/or statements

regarding the Promotion and/or Sponsor for promotion, trade, commercial,

advertising and publicity purposes, at any time or times, in all media now

known or hereafter discovered, including, but not limited to, live television,

worldwide, on the World Wide Web and Internet, without notice, review or

approval and without additional compensation, except where prohibited by

law.

 

 

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GENERAL

Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any attempted form of participation in this Promotion other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an authorized account holder.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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.

 

If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.

 

 

 

WINNER LIST

For a copy of the winners list, interested individuals should mail a self-addressed stamped business envelope to: Ohio River Scenic Railway,LLC, Re: Referral Contest  333 7th Street Tell City, IN 47586. Winner List requests must be received no later than August 31, 2022.

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