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Guru Rules

GAYTRAVEL.COM

NORTH AMERICAN GAY TRAVEL GURU SEARCH

OFFICIAL RULES

GAYTRAVEL.COM IS AN EQUAL OPPORTUNITY EMPLOYER. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

1.  DESCRIPTION OF THE SEARCH.

The gaytravel.com North American Travel Guru Search (the “Search”) is designed to locate one exceptional traveler/social networker, who will act as gaytravel.com’s official Gay Travel Guru. The Search is sponsored by NetAdventures, Inc., 2658 Del Mar Heights Road, #425, Del Mar, CA 92014 (“Sponsor”). An offer of employment will be made to the candidate who is best qualified as determined in accordance with these Official Rules.

2.  ELIGIBILITY.

This Search is open only to candidates who are at all times of participation (which, as used in these Official Rules, shall include during any employment of winner by Sponsor),

(a)    Aged 25 years and older,

(b)   Residents of the fifty United States or the District of Columbia,

(c)    Without any travel restrictions throughout the world,

(d)   Licensed drivers,

(e)     Have a valid passport by December 1, 2012 and at all subsequent times of participation

(f)    Candidates must be able to provide proof that they are authorized to work in the United States if selected as a Finalist.

To participate, candidates must have internet access and access to tools necessary for creating and uploading multi-media content to the internet, including text, photographs, and video. Employees, Officers, and Directors of Sponsor, NetAdventures, Inc., their respective parent companies, assets under management, affiliates, clients and subsidiaries, participating advertising and promotion agencies and prize suppliers (“Sponsor and its Agents”), and members of their immediate family (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household of each are not eligible. Void where prohibited by law.

Sponsor offers equal employment opportunities to all employees and employment applicants without regard to unlawful considerations of race, religion, color, national origin, sex, sexual orientation, gender identity, age, disability, marital status or any other classification protected by applicable local, state or federal laws. Reasonable accommodation is available for qualified individuals with disabilities, upon request. Please contact Joey Konecek at joey@gaytravel.com or tel. 702-425-8500 for more information regarding accommodation for the application process.

3.  HOW TO PARTICIPATE

The Search begins at 12:01 A.M. Pacific Time (PT) Zone on July 15, 2012 and all interested candidates must complete the required steps in Round One by 11:59 P. M. (PT) on August 31, 2012 to be considered for further participation in the Search. Further participation, as applicable, will occur between September 1, 2012 and November 17, 2012. Winner will be announced on or about November 17, 2012. The term “Submission” as used in these Official Rules shall mean any and all content uploaded by the candidate to the gaytravel.com Website in connection with this Search.

ROUND ONE

Round one begins at 12:01 A.M. Pacific Time (PT) Zone on July 15, 2012 and ends at 11:59 P. M. (PT) on August 31, 2012 (“Round One Period”).

During Round One, candidates will provide basic information about themselves, their social networks, their interest in the North American Gay Travel Guru Position, and demonstrate their social networking skills. During the Round One Period, candidates must:

(1)   Visit the website at www.gaytravel.com/guru and click on the “Apply” link and follow the instructions online, create a Travel Guru Profile account, and publish at least five travel tips;

(2)   Contact their social network and encourage people to “heart” their gaytravel.com travel tip(s), and obtain at least 25 “hearts” during the Round One Period;

(3)   Become a fan of gaytravel.com on Facebook (www.facebook.com/GayTravel); and

You must complete all of the steps above during the Round One Period to be eligible for further participation in the Search (an “Eligible Round One Candidate”). Any candidate who does not successfully complete all of the steps above during the Round One Period will be disqualified.

ROUND ONE JUDGING.

The Top 100 Eligible Round One Candidates as determined by the total number of “hearts” and their score on the Application Survey will be eligible to participate in Round Two, and will be required to complete and submit an Employment Application within five (5) calendar days of Sponsor’s first attempted notification of eligibility for participation in Round Two. Candidates eligible for Round Two will be notified on or about September 3, 2012 in an email sent to the candidate’s email address listed in the gaytravel.com user profile. Delivery failure relating to the attempted contact will be exclusively at the candidate’s risk. Return of any notification as undeliverable may result in disqualification. Any candidate who cannot be contacted at the email address listed in the candidate’s gaytravel.com user profile within five (5) days of attempted first notification, who is contacted and does not respond, refuses to, or otherwise does not complete and submit an Employment Application within five (5) days of attempted first notification, or who is otherwise ineligible to participate will immediately become disqualified and will forfeit any further participation in the Search.

ROUND TWO

Round Two begins at 12:01 A.M. (PT) on September 5, 2012 and ends at 11:59 P. M. (PT) on September 30, 2012 (“Round Two Period”).

During Round Two, candidates will demonstrate their ability to use video effectively, and the strength of their social networks. During the Round Two Period, candidates must:

(1)   Upload a video to the gaytravel.com site explaining why they should be selected as the next Gay Travel Guru.  Video should not be more than three minutes in length.  Profanity and sexual imagery are strictly prohibited.

(2)   Participate in Social Networking by using platforms such as Facebook, Twitter, blogs, YouTube, Flickr, Tumblr and others to demonstrate the vibrancy of your social networks.

Once Submissions have been uploaded, candidates will not be permitted under any circumstances to submit substitutions and/or new versions of their Submissions. Note that public voting for candidates will occur throughout the Round Two Period. All views of the video and social media shares done from the Candidate’s page of the gaytravel.com site will be added to the voting total. Candidates are strongly encouraged to upload content early in the Round Two Period to try to maximize their public votes during the Round Two Period.

You must complete all of the steps above during the Round Two Period to be eligible for further participation in the Search (an “Eligible Round Two Candidate”). Any candidate who does not successfully complete all of the steps above during the Round Two Period will be disqualified.

SUBMISSION GUIDELINES:

All content uploaded to your gaytravel.com profile page must follow these Submission Guidelines.

  • Your Submissions must (1) be completely original; (2) be solely created by you; and (3) not infringe the rights of any third party, including, but not limited to copyrights, patents, trademarks, trade secrets, and rights of publicity/privacy.
  • You may appear in video submitted in this Search. If other people appear in your video Submissions, or elsewhere on your gaytravel.com profile page, you must have each other person’s consent to use the video, or other applicable content on the gaytravel.com website, in your Submissions in this Search, and under these Official Rules.
  • All Submissions must be in English or subtitled in English. Submissions that are in any other language will not be considered.

Submissions that do not adhere to the instructions provided on the gaytravel.com website, the gaytravel.com website Terms of Use, and the terms and conditions of these Official Rules, or that are lewd, obscene, pornographic, discriminatory or of a harassing nature, or which are derogatory to any individual or group, or of a defamatory or threatening nature or disparage the Sponsor or its Agents, that are commercial in nature, or are otherwise inappropriate will be disqualified at the Sponsor’s sole discretion, and may be in whole or part removed from or not posted to the Website. Sponsor may in its sole discretion disqualify Submissions for which intellectual property claims including those under the Digital Millennium Copyright Act are received and remove any such Submission or component thereof from the gaytravel.com website.

ROUND TWO JUDGING

Public Voting. Sponsor will post the Round Two Candidates on the website at www.gaytravel.com/guru for public voting during the Round Two Period (the “Public Voting Period”). To participate in public voting, visit www.gaytravel.com/guru and watch the candidate’s video, share through the page on Facebook, Twitter or Google+.  Votes will be accepted only during the Public Voting Period. Any individual who, at the sole determination of the Sponsor, abuses the voting process in any way, including without limitation by mass voting or generating votes by a script, macro or use of automated devices, will be disqualified from further voting in the Search and his/her prior votes may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes, which will be disqualified.

The Top 40 will be decided purely by the total number of votes, shares, views and likes of the page through the Candidates page on gaytravel.com.  Representatives from gaytravel.com and Grindr XTRA will select the Top 25 based on the quality of the video submitted and the candidate’s presentation in the video.

The Top 25 Eligible Round Two Candidates will be eligible to participate in Round Three. Candidates eligible for Round Three will be notified on or about October 3, 2012 in an email sent to the candidate’s email address listed in the gaytravel.com user profile.

ROUND THREE

Round Three begins at 12:01 A.M. (PT) on October 5, 2012 and ends at 11:59 P. M. (PT) on October 31, 2012 (“Round Three Period”).

During Round Three, candidates will demonstrate their ability to use video to communicate about travel. During the Round Three Period, candidates must:

(1)   Visit a property chosen by gaytravel.com within reasonable proximity of their home town.  gaytravel.com will be responsible for the cost of the hotel room, but the candidate will be responsible for any incidental charges.

(2)   Use Grindr XTRA while on property to connect with locals and find friends.

(3)   Upload a video to the gaytravel.com site highlighting the property, the gay scene in the area and Grindr XTRA.  Video should not be more than three minutes in length.  Profanity and sexual imagery are strictly prohibited.

(4)   During round 3 applicants will also be asked to participate in the Gay Concierge program. Details to be determined prior to end of round two.

Once Submissions have been uploaded, candidates will not be permitted under any circumstances to submit substitutions and/or new versions of their Submissions. Note that public voting for candidates will occur throughout the Round Three Period. All views of the video and social media shares done from the Candidate’s page of the gaytravel.com site will be added to the voting total. Candidates are strongly encouraged to upload content early in the Round Three Period to try to maximize their public votes during the Round Three Period.

You must complete all of the steps above during the Round Two Period to be eligible for further participation in the Search (an “Eligible Round Two Candidate”). Any candidate who does not successfully complete all of the steps above during the Round Three Period will be disqualified.

ROUND THREE JUDGING

Public Voting. Sponsor will post the Round Three Candidates on the website at www.gaytravel.com/guru for public voting during the Round Three Period (the “Public Voting Period”). To participate in public voting, visit www.gaytravel.com/guru and watch the candidate’s video, share through the page on Facebok, Twitter or Google+.  Votes will be accepted only during the Public Voting Period. Any individual who, at the sole determination of the Sponsor, abuses the voting process in any way, including without limitation by mass voting or generating votes by a script, macro or use of automated devices, will be disqualified from further voting in the Search and his/her prior votes may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes, which will be disqualified.

The Top Five (5) will be decided purely by the total number of votes, shares, views and likes of the page through the Candidates page on gaytravel.com.

Potential Finalists will be notified on or about November 3, 2012 in an email sent to the candidate’s email address listed in the gaytravel.com user profile or by phone at the number provided in candidate’s Employment Application. Finalists may be required to complete, sign, and submit an Affidavit or Declaration of Eligibility, a Liability/Publicity Release, a Background Check Authorization form, proof of identification, proof of legal authorization to work in the United States, copy of a valid passport, copy of valid driver’s license, declaration of ability to travel throughout North America, and a Letter of Intent to accept any offer of employment for the Gay Travel Guru Position (defined below) (the “Finalist Materials”) within five (5) calendar days of Sponsor’s first attempted notification of Finalist status. Potential Finalists must successfully complete a Background Check to be eligible for further participation in the Search and to win. Delivery failure relating to the attempted contact will be exclusively at the candidate’s risk. Return of any notification as undeliverable may result in disqualification. Any candidate who cannot be contacted at the email address associated with the candidate’s gaytravel.com user account or phone number provided in the Employment Application within five (5) calendar days of attempted first notification, who is contacted and does not respond, refuses to, or otherwise does not complete, return, and provide all requested Finalist Materials within five (5) calendar days of first attempted notification, or who is otherwise ineligible to participate as a Finalist in the Search will immediately become disqualified and will forfeit any further participation in the Search.

FINAL ROUND

The Final Round will take place November 14, 2012 – November 17, 2012.

Five Finalists who have been verified and confirmed by Sponsor to be eligible pursuant to the requirements set forth above will each receive a trip to Los Angeles, California to participate in the Gay Travel Guru Finalist Weekend taking place November 14, 2012 – November 17, 2012 (the “Trip”).

The Gay Travel Guru Final Challenge. Each Finalist will be challenged to tour, explore, video the host city (TBD) between 7 P.M. Local Time, on November 14, 2012 and 11:59 A.M. Local Time, on November 17, 2012. All submissions must be posted to Finalist’s user profile page at gaytravel.com by 11:59 A.M. Local, California on November 17, 2012.

During the Final Round, candidates will demonstrate their ability to use video to communicate about travel. During the Round Three Period, candidates must:

(1)   Visit a property in (host city) chosen by gaytravel.com

(2)   Use Grindr XTRA while on property to connect with locals and find friends.

(3)   Upload a video to the gaytravel.com site highlighting the property, the gay scene in the area and Grindr XTRA.  Video should not be more than three minutes in length.  Profanity and sexual imagery are strictly prohibited.

Finalist Trip includes roundtrip, economy/coach class airfare for Finalist from a major commercial airport near the Finalist’s residence; hotel accommodations for four (4) days / two (3) nights (one single occupancy room) in host city, or nearby vicinity; roundtrip airport transfer in host city, meals, and access to a computer, and internet access, and for any candidate without access to a video camera/photo camera during Gay Travel Guru Final Challenge, Sponsor will provide such access. Other than as explicitly provided in these Official Rules, finalist is responsible for incidentals, including, without limitation: telephone calls, facsimile charges, spa/beauty salon services, laundry, tours/excursions, gift shop purchases, airline service charges, and any other expenses not mentioned in these Official Rules. Hotel and airfare cannot be used separately. Finalist must notify Sponsor of intended dates of travel by no later than November 5, 2012. All travel must be completed by November 17, 2012. Any extra nights’ stay and any additional costs associated with an extended stay are the sole responsibility of the Finalist. Additional restrictions may apply. Finalists must hold valid documentation for travel. Finalists are responsible for their own travel insurance arrangements.

All expenses not specified above, including, without limitation, all federal, state, and local taxes, and international tariffs, are the sole responsibility of the Winner. ALL TAXES AND ANY APPLICABLE WITHHOLDING AND REPORTING REQUIREMENTS IN CONNECTION WITH THE SEARCH ARE THE SOLE RESPONSIBILITY OF THE WINNER.

Finalists will be limited to twelve hours to shoot their video and twelve hours to edit.  There will be mandatory sleep periods where Finalists are not permitted to work on their submission.  Failure to honor this mandatory sleep period could result in expulsion from the Finale Round.

FINALS JUDGING

One candidate will be selected to be the Gay Travel Guru. The Guru will be selected by the total number of votes, video views and social media shares. Sponsor will select One Finalist from all Eligible Round Three Candidates. All Eligible Round Two Candidates will be judged between October 31, 2012 and November 3, 2012 by Sponsor or its designee, the judge of the Search, whose decisions are final and binding on all matters relating to the Search. In the event of a tie, the candidate with the largest combined following on Facebook and Twitter will be selected.

In the event a winner/potential winner’s employer has a policy that prohibits his or her participation in the Search or that would prohibit his or her acceptance and performance of the Gay Travel Guru Position, the candidate will be disqualified and an alternate candidate may be selected. .

 

4.  NORTH AMERICAN GAY TRAVEL GURU POSITION.

gaytravel.com will name the Winner of the Search the North America Gay Travel Guru, and offer him or her six-months of employment with gaytravel.com as a gaytravel.com ambassador and travel enthusiast and culture-connoisseur blogger who will mingle, report on and meet up in their favorite gay friendly destinations in North America. The North American Gay Travel Guru will be outgoing, in the know when it comes to North American hot spots, great at sharing their adventures and have a great network of followers. The North American Gay Travel Guru must have:

  • Time and desire to travel around North America at least once per month for at least 4 months, beginning in early 2013;
  • Ability to travel to various travel destinations throughout the world (including all modes of transportation, air, car, train, etc.)
  • Impressive writing, video and photography skills
  • A vibrant social network

 

gaytravel.com expects that the Gay Travel Guru will:

  • Travel to a North American gay-friendly destination at least twice per month for at least 6 months, beginning early 2013;
  • Post a blog on gaytravel.com about a gay-friendly destination at least four times a month; and
  • Act as the gaytravel.com ambassador at events, media appearance and through social networking sites (Facebook, Twitter, YouTube, blogs, etc.)

The gaytravel.com Guru will receive a salary equal to Twenty Thousand Dollars ($20,000) for the six month employment period, a $250.00 stipend for each per trip to cover meals and other miscellaneous costs, and company paid airfare, hotel stay and transportation. If the Guru specific pages of the gaytravel site surpass 100,000 views over the travel period as verified by Google Analytics the Guru shall receive an additional bonus of Five Thousand Dollars ($5,000) at the end of travels.

(the “Gay Travel Guru Position”).

5.  CONDITIONS OF PARTICIPATION.

All federal, state, and local laws and regulations apply. Participation is free of charge.

By participating in the Search, candidates (a) assume sole liability and accept all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in this Search or the acceptance, possession, shipping and handling, loss, use or misuse of, or travel to or from or in connection with, any Search-related goods, services, or activities, and (b) accept and agree to abide by and be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Search.
By participating in this Search, candidates grant to Sponsor and its Agents a worldwide, perpetual, irrevocable, right and royalty-free license in all media now known or hereafter invented to use the Submissions for any purpose, commercial or otherwise, specifically including, but not limited to the posting, performance and use of the Submissions and, except where prohibited by law, candidates expressly and irrevocably agree to the Sponsor’s free of charge use and posting of the candidate’s first and/or last name, user name, hometown, place of residence, photo(s), voice and/or likeness, on television, radio, publications and the Internet, including on Sponsor’s and/or its Agent’s respective websites for public viewing and voting, or for any other purposes including without limitation, by making them available for download.

By participating in this Search, candidates agree (a) that Sponsor and its Agents have the right to use each candidate’s Submissions in any and all media now known or hereafter invented in and in connection with promotion, publicity, marketing and advertising for Sponsor, its products and/or services, this Search or other activities by Sponsor and/or its Agents, as Sponsor sees fit without any further attribution, notification or compensation to candidate; (b) that Sponsor and its Agents, in Sponsor’s sole discretion, may edit, adapt, composite, mix, remix, morph, scan, duplicate, alter and/or otherwise modify and commercially exploit any Submission, in whole or in part, without any restrictions as to changes, for publication or for any other purpose which Sponsor deems necessary or desirable, including, without limitation, in future publicity and advertising for Sponsor’s products and/or services; (c) that Sponsor and its Agents shall have no obligation (express or implied) to use any of the Submissions in any manner and the corresponding candidates shall not be entitled to any damages or other relief by reason of Sponsor’s and/or its Agent’s use or non-use of any Submission; (d) to be contacted by Sponsor and/or its Agents by telephone, mail or email regarding this Search, and (e) not to enforce (and to waive to the extent permitted by law) any moral rights or similar rights in relation to the project, the Submissions, any component thereof, and such proposed activities of Sponsor and/or its Agents.

By participating in the Search, candidate releases and holds harmless the Sponsor, NetAdventures, Inc., and the parent companies, subsidiaries, affiliates, and the directors, officers, employees or agents of each from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) arising out of or in connection with the Search, the acceptance, possession, use, or misuse of any Search related goods, services, or activities, or arising out of or in connection with any travel to or from any Search or Search related goods, services, or activities.

Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Search but in no event attorneys’ fees; and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

In the event that any provision of these Official Rules shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Official Rules unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Any false information provided within the context of the Search by any candidate concerning without limitation identity, residence, postal address, telephone number, ownership of right or non-compliance with these rules or the like may result in the immediate elimination of the candidate from the Search. Sponsor further reserves the right to disqualify any candidate that it believes in its sole and unfettered discretion submits a Submission that infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.

Sponsor has the right to cancel, terminate or modify this Search for any reason or for no reason, including if it cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention or technical failures and to select winner from eligible Submissions received on or before the termination date. Sponsor is not responsible for any failure to contact candidates, whether due to technical or human error. Sponsor is not responsible for any typographical or other error in the printing of these Official Rules, in the promotion or administration of the Search, or in the announcement of the Winner. A candidate may be prohibited from participating in this Search if, in the Sponsor’s sole discretion, it reasonably believes that the candidate has attempted to undermine the legitimate operation of this Search by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other candidates, the Sponsor or its Agents or in any other way damages the name, trademarks and/or reputation of the Sponsor or its Agents. Sponsor reserves the right to terminate or amend the Search at any time for any or no reason.

Information collected from entrants is subject to Sponsor’s privacy policy available at http://www.gaytravel.com/about-us/privacy-policy/.

6.  WARRANTY AND INDEMNITY.

By entering, candidates warrant that (a) the Submissions contains only original creations, (b) he or she owns 1NetAdventures% of all rights to the Submissions (including all copyrights in the writing, photographs, video recordings), (c) the Submissions do not contain any third party copyrighted materials and otherwise does not infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, publicity right, patent, trade secret or confidentiality obligation; or otherwise violate any applicable law, and (d) the Submissions require no additional permissions relating to the copyright, patent, or trademark/trade dress of the Submissions submitted in this Search. By accepting Submissions in this Search, Sponsor accepts no responsibility or liability for any breach of contract or any infringement or other violation of copyright, patent, or any other intellectual property right or proprietary or property rights. Each candidate agrees not to submit any Submission that (a) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, publicity right, patent, trade secret or confidentiality obligation; or (b) otherwise violates applicable law in any countries in the world.

To the maximum extent permitted by law, each candidate indemnifies and agrees to keep indemnified the Sponsor and its Agents, NetAdventures, Inc., at all times from and against any liability, claims, demands, losses, damages, costs and expenses arising out of our in connection with any act, default or omission of the candidate and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each candidate indemnifies and agrees to keep indemnified the Sponsor and its Agents at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Sponsor and its Agents will or may become liable by reason of or related or incidental to any act, default or omission by a candidate under these Official Rules including without limitation arising out of or in connection with any breach, non-observance, act or omission whether negligent or otherwise, of applicable law or these Official Rules by such candidate.

7.  APPLICABLE LAW, AGREEMENT TO ARBITRATE.

The Contest is governed by the laws of the state of California applicable to contracts entered into by California residents and to be performed within such State without regard to its conflict of law provisions, with venue in San Diego County, California. In the event of any dispute or claim relating to or arising out of the Search, this agreement or any breach thereof, or the parties’ relationship or the termination of that relationship (including, but not limited to, any claims of discrimination), candidate agrees that all such disputes shall be fully and finally resolved by binding arbitration conducted before a single neutral arbitrator in San Diego County, California pursuant to the rules for arbitration of employment disputes by the Judicial Arbitration and Mediation Services/Endispute, Inc. (“JAMS”), or its successors, under the then current rules of JAMS for employment disputes (available on-line at www.jamsadr.com). In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. The arbitrator shall permit adequate discovery and is empowered to award all remedies otherwise available in a court of competent jurisdiction, and any judgment rendered by the arbitrator may be entered by any court of competent jurisdiction. The arbitrator shall issue an award in writing and state the essential findings and conclusions on which the award is based. By executing this Agreement, candidate and Sponsor are both waiving the right to a jury trial with respect to any such disputes. Nothing in this Agreement shall prevent Sponsor seeking a temporary restraining order or preliminary injunction from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

8.  WINNER ANNOUNCEMENT.

The North American Gay Travel Guru can be viewed on the webpage at www.gaytravel.com/guru for a period of two weeks after winner announcement.