OFFICIAL CONTEST RULES

This Contest is sponsored by ekoVenture, Inc.

The Prize is a seven day tour of the Machu Picchu area in Peru conducted by Mountain Lodges of Peru.

THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

OTHER TERMS AND CONDITIONS:

Tax Consequences

Being awarded the Prize may have tax consequences. WINNERS ARE RESPONSIBLE FOR TAXES ON PRIZES AND MAY BE REQUIRED TO SIGN TAX-RELATED DOCUMENTS BEFORE RECEIVING A PRIZE. IN ANY EVENT, WINNERS ARE RESPONSIBLE FOR COMPLYING WITH FEDERAL AND STATE TAX LAWS AND REGULATIONS REGARDING REPORTING THE VALUE OF THE PRIZE AND PAYING ANY TAXES ON THAT VALUE.

Eligible Participants

This Contest is intended for viewing and participation solely within the fifty (50) United States and the District of Columbia. The Contest is open to individuals who are at least 18 years old, have access to the Internet, and are physically located in and residents of the fifty (50) United States and the District of Columbia at the time of entry. Participants may only enter the Contest as individuals and not as part of a group. Only one Submission per participant is permitted. Participants making more than one Submission will be disqualified. Only Submissions by the individual Participant will be considered. Submissions made on another's behalf are not permitted.

Ineligible Parties

Employees, officers and directors of ekoVenture, TechCrunch and Mountain Lodges of Peru (including individuals who have previously been employed by ekoVenture, TechCrunch and Mountain Lodges of Peru within the past 12 months); their immediate family members and/or those living in the same household; their agents; company investors, affiliates; subsidiaries; advertising and promotion agencies; and those involved in the production, development, implementation or handling of the Contest, are ineligible to enter the Contest or win the Prize.

By participating in the Contest, each participant represents and warrants that he or she meets the eligibility requirements and acknowledges that failure to meet all eligibility requirements will disqualify the participant from the Contest.

Ineligible Submissions

All Submissions that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Contest Rules will be disqualified from the Contest. ekoVenture reserves the right to void all Submissions made through any robotic, automatic, mechanically programmed or similar Submission duplication method and to disqualify any individual using such a method. ekoVenture and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Submissions or for the failure to notify the Winner or any Participant. Assurance of delivery of Submissions is the sole responsibility of the Participant. All Submissions become the physical property of ekoVenture and will not be returned.

Interpretation of Official Rules

ekoVenture will have complete discretion over interpretation of the Official Contest Rules, of administration of the Contest, and of selection of the Winner. Decisions of ekoVenture as to the administration of the Contest, interpretation of the Official Contest Rules and the selection of the Winner will be final.

No Refunds

ekoVenture is not responsible if a specified Prize event is delayed, postponed or cancelled for any reason, in which event the Prize is forfeited in its entirety and no substitution will be provided, except as in ekoVentures' sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any event or flight, or failure of Winner to complete travel. ekoVenture will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.

Winner Responsibility for Travel Arrangements

The Winner is responsible for making his or her own travel arrangements to and from Cuzco, Peru, including without limitation, obtaining a valid passport and visa, arranging transportation, and providing for lodging and food during travel prior to and after the starting and ending dates of the trip.

Releases and Waivers

By entering the into the Contest, Participant agrees to release, discharge and hold harmless ekoVenture, TechCrunch, Mountain Lodges of Peru and each of their parents, subsidiaries, affiliates, agents representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties"), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, the acceptance, use/misuse, possession of or inability to use the Prizes (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Without limitation, Participants accept full responsibility for any injury, death, sickness, bad experience, theft or other negative experience in connection with or related to their enjoyment of the Prizes. Participant agrees and that the Released Parties shall have no responsibility or liability for any of the foregoing, for a discontinued or forfeited Prize, even if caused by the negligence of the Released Parties, or for Participant's inability to actually use the Prize due, for example and not by way of limitation, any of the Released Parties' going out of business or becoming bankrupt or insolvent. Participants understand and agree that the Released Parties maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, Prize supplier or other person or entity furnishing services, products or accommodations ("Vendors") as a part of the Prize, and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Vendors or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of those Vendors, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

WITHOUT LIMITATION, EACH PARTICIPANT IS AWARE THAT THE PRIZE INVOLVES FOREIGN TRAVEL AND PHYSICAL ACTIVITY AT HIGH ALTITUDES. EACH PARTICIPANT AGREES THAT EKOVENTURE, TECHCRUNCH AND MOUNTAIN LODGES OF PERU HAVE NO RESPONSIBILITY WHATSOEVER TO MONITOR THE FITNESS OF THE TRIP PARTICIPANTS, TO MAKE ANY JUDGMENT AS TO SUCH FITNESS, OR TO ENSURE THE HEALTH OF THE TRIP PARTICIPANTS DURING THE TRIP. EACH PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS AGAINST EKOVENTURE, TECHCRUNCH AND MOUNTAIN LODGES OF PERU FOR ANY ADVERSE CONSEQUENCES OF PARTICIPATING IN THE TRIP.

Indemnification

Each Participant agrees to defend, indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Prize supplier that may be sent along with a Prize. Participants agree to defend, indemnify and hold harmless Released Parties from and against any third party claim relating to any breach of any representation, warranty or covenant made by such Participant in connection with his or her participation in Contest activities.

Disclaimers

Submission documents and procedures are provided for the benefit of ekoVenture and ekoVenture makes no representation or warranty regarding the effectiveness and completeness of the forms or procedures required. TechCrunch and ekoVenture, and their legal counsel, undertake no duties towards participants and do not represent them in any manner.

Suspension / Modification / Termination

In the event ekoVenture is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a "Force Majeure" event or occurrence), ekoVenture shall have the right to modify, suspend or terminate the Contest. ekoVenture reserves the right to modify, suspend or terminate the Contest (including, without limitation, make changes to these Contest Rules) without notice or by posting a notice on http://www.ekoventure.com/contest_entries/techcrunch_machu_picchu/terms_changes in its sole and absolute discretion, including, but not limited to, if in its sole and absolute discretion, it is determined that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Contest. ekoVenture will have the authority to extend the Submission Period by posting notice thereof on the Contest Website. All Participants must check the Contest Websites regularly to determine if there have been any changes made to the Official Contest Rules, the Contest or the Prize(s).

Governing Law

All federal, state and local laws and regulations apply. By participating, Participants agree to be bound by the Official Contest Rules, the Terms of Use, and the decisions of ekoVenture which are final and binding in all respects. The Contest will be construed and evaluated only according to United States law. The Contest and these Official Rules shall be construed and governed in accordance with the laws of the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules or the rights and obligations of Participants or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.

Limitation Of Liability

BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 THREE THOUSAND DOLLARS ($3,000.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S 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 FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Disputes / Arbitration

EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT ANY DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, EKOVENTURE, TECHCRUNCH AND/OR MOUNTAIN LODGES OF PERU MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET A PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in San Francisco, California. The arbitrator will apply the substantive laws of the state of California, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Contest Rules. The parties will split the arbitrator's fee. To the fullest extent permitted by applicable law, participants irrevocably waive any right to bring or join in any class action regarding the Contest. 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. In no event shall any participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith) or exploitation of any Submission.

MISCELLANEOUS

The invalidity or unenforceability of any provision of these Official Contest Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Contest Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. ekoVenture's failure to enforce any term of these Official Contest Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Contest Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

IDENTIFICATION OF ADMINISTRATOR:

This Contest is produced by ekoVenture, Inc. ekoVenture's principal place of business is at 540 Montgomery Street, San Francisco, CA 94111.

ekoVenture is a trademark of ekoVenture, Inc.. All rights reserved.

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