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XCOR NSRC-2012 Research/Education Flight Prize (the “Prize”) -- Official Rules

Open to Earlybird Professional, Advanced Professional, or Advanced Student Paid Registration (Onsite and One-Day Registrations are not eligible) prior to 0830AM PT 26 February 2012 of the Next-Generation Suborbital Researchers Conference 2012 (NSRC-2012) who are: legal residents of countries not on the US State Department’s Country Policies and Embargoes List and where this contest is deemed legal by the governmental authorities, 18 years of age or older as of date of registration, a paid registrant at NSRC-2012, and satisfy other qualifications as found in the Official Rules and any XCOR or government rules, laws or regulations required to fly an experiment on the Lynx Mark I suborbital spacecraft.

1. Promotion Period: The XCOR NSRC Research/Education Flight Prize ("Prize" or “Sweepstakes”) promotion period ends 08:30AM PT on 26 February 2012 ("Promotion Period"). No new entrants for the Prize will be accepted after this time. The Sweepstakes is sponsored by XCOR Aerospace, Inc. (“Sponsor”).

2. How to Enter: Every Earlybird Professional, Advanced Professional or Advanced Student paid registrant prior to 0830AM PT 26 February 2012, except those not eligible (“Excluded Parties”) as defined in these Official Rules, shall be entered as a candidate for the Prize (“Winner”). In order to be eligible the Winner must be a natural person registered for the NSRC 2012 conference, a citizen of a country not on the US State Department’s Country Policies and Embargoes List (http://www.pmddtc.state.gov/embargoed_countries/index.html), allowed to accept such a Prize by their employer without harm or hindrance of future contractual relationship with Sponsor or its subsidiaries and affiliates (of which the Winner will be required to attest in writing) and meet the other eligibility requirements found in these Official Rules. Limit one entry per person, regardless of method of entry. Incomplete, illegible, corrupt, postage-due and incomplete entries, as well as those who default on registration payment, are void.

3. Prize and Approximate Retail Value (ARV):

One (1) Prize Offered:   Winner will be granted the following Prize:

  • One (1) Experiment (automated primary payload in place of the participant seat or a manned flight experiment with the experiment in the secondary payload slot behind the Lynx pilot / astronaut) on one (1) Lynx Mark I flight as the primary payload

    • If the winner chooses a manned flight experiment, then participant space medical screening, participant flight training and pre-flight preparation for Winner’s suborbital flight will be provided by Sponsor (no travel expenses, shipping expenses, hotel, rental car, meals, payload training / development funding or other expense related to the Prize shall be paid for by Sponsor)

    • Suborbital flight for Winner only, plus XCOR labor to participate in one payload screening / flight readiness / safety assessment meeting prior to flight, and loading/unloading the experiment into/out of the Lynx Mark I.

    • Maximum ARV: $95,000 USD.

    • Winner will be responsible for any and all taxes associated with the flight, but only for the actual value of the prize (“Actual Value”), which may be lower than the Maximum ARV stated.

No Prize substitutions are allowed except by the Sponsor who reserves the right to substitute the flight for an equivalent Actual Value cash prize. Flight must be used by 15 December 2015 and certain restrictions may apply.

Prize Notes: The Prize is transferable by the Winner to another Eligible natural person prior to the booking of the flight, not during or after. Should the Winner choose to transfer the Prize, they may transfer the Prize, with written approval of Sponsor, to another Eligible natural person, who will then be referred to as “Transfer Winner.” All rules and rights applicable to the Winner except the right of Transferability shall apply to Transfer Winner. For clarity, the Transfer Winner may not transfer the Prize. Winner will be required to sign all required XCOR documents and release forms (which shall also include releases in favor of the Sponsor, as described below), pass a training, medical screening, and pre-flight experiment screening, as appropriate, in accordance with required safety and flight readiness rules and practices, and pass any Sponsor or government process (including G-force training, medical screening or other such pre-requisite) before being authorized for the space flight. If the Winner or their experiment does not pass the inspection, pre-flight readiness, training, medical, safety review or any other process(es) (a “Default”), and does not correct the Default within 30 days or a longer time period allowed by Sponsor in writing, the remainder of the Prize will be forfeited and no substitution will be awarded. Should the Winner be deemed an Excluded Person, then a Back-up Winner from the original drawing will be declared the Winner. The Prize may not be sold, bartered or offered for sale or re-sale, and any authorized transfer must be approved in writing by Sponsor.

4. Random Drawings: The Winner and a Backup Winner, in case the Winner is deemed an Excluded Person, will be selected in a random drawing from among all eligible entries received by the specified deadlines during the Promotion Period. The Prize drawing will be conducted on or about February 27th, 2012 at the NSRC-2012 conference from among all eligible entries received.  The drawing will be conducted at the conference and officially witnessed by the conference organizer, Southwest Research Institute. All decisions are final on all matters relating to this Sweepstakes when made by Sponsor’s designated representative, Mr. Andrew Nelson, Chief Operating Officer of XCOR Aerospace, or his designated alternative. Odds of winning are dependent upon the total number of eligible entries received for the drawing. The Prize will be awarded and winner will be formally notified in person at the NSRC-2012, or by mail, e-mail and/or phone.

5. General Rules: All federal, state and local taxes and other governmental charges, if any, and all other costs associated with acceptance or use of Prize, not specified herein, related to the Prize is the sole responsibility of the Winner. The Winner will be required to execute and return an affidavit of eligibility and liability/publicity release, where legal, or Declaration of Compliance, if potential winner is a Canadian resident, or confirmation of eligibility form, and liability/publicity release if potential winner is a UK resident, within 10 days of notification attempt or the Prize will be forfeited and an alternate winner will be selected. If a winning entrant is from Canada, the entrant will be required to first correctly answer a mathematical skill testing question without assistance of any kind (whether mechanical or otherwise) in order to be eligible to win the Prize. The Prize will be awarded only if the potential prize Winner fully complies with these Official Rules. Return of Prize or Prize notification as undeliverable may result in disqualification and an alternate selection being declared the Winner. As required, any airline carrier's regulations and conditions apply when in transit to Sponsor flight location. Entrants to this Prize drawing acknowledge the inherent hazards, dangers and risks associated with flying and space travel, and that there are natural factors and occurrences which may impact on or affect the safety of such activities, and the Entrants / participants assume these risks and dangers. Winner will be required to sign all standard contracts and liability releases that are customarily required by Sponsor, which shall also include SwRI as an indemnfied party subject to liability release. Winner will also be required by Sponsor to allow the use of Winner’s name and photo in marketing materials, along with Winner’s cooperation in interviews and other reasonable requests to chronicle Winner’s experience during experiment development, test, training, screening, pre-flight, flight and post-flight experiences. The Winner will be required to execute a Release of Liability required by Sponsor upon acceptance of Prize and prior to departure. The Winner must possess valid travel documents (i.e., valid government issued photo ID) in order to travel. Certain additional restrictions may apply. Date selection and timing of flight are subject to availability and confirmation of reservations. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, airline tickets, ground travel, sea travel, airline baggage fees, taxes, tips, entertainment, transfers, and transportation to and from winner's home residence or office and the flight location are the Winner's sole responsibility. The Prize restrictions/conditions stated herein are not all-inclusive and the Prize described above may be subject to additional restrictions/conditions. In the event the Winner/participant engages in behavior that (as determined by Sponsor at their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early, in whole or in part, with no further compensation.  When on government or Sponsor property, Winner (and any guests) must act in accordance with the rules and regulations of the facility at all times. Failure to comply with facility rules and regulations may be deemed violation of applicable law and may result in ejection from the property and/or additional legal sanctions. Acceptance of Prize constitutes permission for Sponsor and their respective agencies to use Winner's name, photo and likeness for promotional purposes without further compensation except where prohibited by law. Sponsor, Prize Providers, and each of their affiliates, subsidiaries, agencies and their respective officers, directors, employees, representatives, and agents assume no responsibility or liability for damages, losses or injury resulting from acceptance or use of Prize. By entering the Sweepstakes, entrant accepts and agrees to be bound by these Official Rules and the decisions of the judges. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor and its agencies are not responsible for any human error which may occur in the processing of the entries in the drawing. Sponsor reserves the right to cancel the drawing if it becomes corrupted, and award the applicable Prize from eligible entries received prior to cancellation.  These Official Rules are available at www.XCOR.com/NSRC-2012-contest-rules.

6. Eligibility:  The Prize may be awarded to an Earlybird Professional, Advanced Professional or Advanced Student paid registrant to the NSRC-2012 if the registration was paid prior to 0830AM United States Pacific Time on 26 February 2012, and the registrant is a natural person 18 years or older at the time of the registration and is a legal resident of a country not on the US State Department’s Country Policies and Embargoes List and where this contest is deemed legal by the national authorities, and who is allowed to accept such a Prize by their employer without harm or hindrance of future contractual relationship with Sponsor or its subsidiaries and affiliates (of which the Winner will be required to attest in writing). Employees, officers, and directors of Sponsor, Administrator, RocketShip Tours, Colonel Rick Searfoss, James Muncy, Space Expedition Curacao, Southwest Research Institute, direct competitors of the Sponsor in the suborbital and propulsion fields (e.g., Virgin Galactic, Blue Origin, Scaled Composites, Sierra Nevada Corporation, Armadillo Aerospace, Masten Space Systems, Whittinghill, UP Aerospace, Pratt Whitney Rocketdyne, Aerojet, and others as determined by Sponsor in its sole opinion) and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, and immediate family members of each and/or people having residency in the same household, and any person or entity not meeting the eligibility criteria in the proceeding sentence of this section, are not eligible to participate (“Excluded Parties”). All eligibility is subject to all federal, state, and local laws, rules and regulations. All entries submitted are the property of the Sponsor. Administrator’s database clock will be the timekeeper for this Prize. This Prize is void in Quebec and where prohibited.

7. Privacy & Personal Information: Personal information collected from entrants will be used by Sponsor for the purpose of administering the Prize.  Sponsor shall not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by Sponsor to fulfill the above purposes or as otherwise consented to by the entrant or required by law or subpoena. For non-U.S. residents: Your personal data will be transferred to the United States. Pursuant to EU law pertaining to data collection and processing, as an EU resident, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: XCOR Aerospace, Inc., PO Box 1163, Mojave, CA USA 93502. The data controller and the data recipient are Sponsor and Administrator. Your data will be transferred outside the European Union.

8. Winner List: For the name of the Winner, please mail the request to:

NSRC-2012 Science Flight Prize Winner
c/o Aleta Jackson
XCOR Aerospace, Inc.
PO Box 1163
Mojave, CA USA 93502

9. Sponsor/Administrator/Prize Providers: The Sponsor, Administrator and Prize Provider of the Prize is XCOR Aerospace, Inc. in these Official Rules.

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