Everest Base Camp Trek Competition

Competition Terms and Conditions

Elite-Exped’s Mount Everest Base Camp Trek

1. THESE TERMS AND CONDITIONS

   1. These terms and conditions (Competition Terms) are the overarching general terms and conditions that apply to the Mount Everest base camp trek competition (Mount Everest Competition) promoted by Elite Himalayan Adventures Private Limited (Elite-Exped, we, us or ourselves).
   2. The Competition Terms apply alongside any specific competition rules set out in the Mount Everest Competition promotional materials (Promotion Rules). The Competition Terms and Promotion Rules should be read carefully together.
   3. In the event of a conflict between the Competition Terms and Promotion Rules, the Promotion Rules will have priority.

2. COMPETITION PROMOTER

   1. The promoter of a competition is the person who is legally responsible for operating it. Unless any Competition Terms tell you otherwise, the promoter of the Mount Everest Competition will be Elite-Exped.
   2. Elite-Exped is a company registered in England and Wales with company number 10846049 and with its registered office at 55 Drury Lane, Covent Garden, London, England, WC2B 5RZ. You can write to us at this address if you have any concern in relation to the Mount Everest Competition, setting out clearly your issue.

3. ELIGIBILITY RULES

   1. The Mount Everest Competition is open to any person aged 18 or over at the date of their entry.
   2. Entrants must only enter the Mount Everest Competition once.
   3. We reserve the right to disqualify any entrant who uses multiple names or Instagram accounts and to require them to return any prize they may have won.
   4. Entrants may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society, or company.
   5. Entrants may not enter the Mount Everest Competition using automated entry software or any other mechanical or electronic means that permits any person to enter the Mount Everest Competition repeatedly.
   6. Employees (and their immediate family and household members) of Elite-Exped, or any company involved in the Mount Everest Competition, or any such company's subsidiary or associated companies, agents or members of their families or households, or any advertising agency connected with the Mount Everest Competition may not enter the Mount Everest Competition.

4. PRIZE

   1. The Mount Everest Competition prize-winner (Competition Winner) will win the prize set out in Schedule 1.
   2. The Competition Winner is entitled to bring on the Mount Everest Prize Trek one person (Competition Winner’s Companion) who shall also enjoy the benefit of the Mount Everest Prize Trek as if they were the Competition Winner, subject to their written agreement to be bound by the Competition Terms as if the Competition Winner’s Companion were the Competition Winner.
   3. We reserve in all cases the right to replace any part of or the entire stated prize with a prize or any part of the prize that we consider to be of broadly equivalent value. We offer no cash alternative, and the Competition Winner must accept the prize and any parts of it in the form offered.
   4. The Competition Winner will be notified in writing (including by email) that they have won the prize within 28 days of the closing date of the Mount Everest Competition.
   5. Parts making up the prize will where applicable be despatched to the Competition Winner via the UK mail service, unless otherwise stated. We will not be liable for any parts making up the prize that are lost, delayed or damaged in the post for reasons beyond our control.
   6. Parts making up the prize will only be delivered to an address within the UK. Should the Competition Winner’s contact details change, it is the responsibility of the Competition Winner to notify us in writing of the same.
   7. We reserve the right to request proof of the Competition Winner’s identity in the form of a passport or driver's licence and proof of address in the form of a utility bill. In the event that the Competition Winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize-winner.
   8. The Mount Everest Prize Trek is scheduled to take place on 14 April 2023 (Trek Date). Save for rescheduling on the part of us at any point as is deemed necessary for whatever reason by ourselves, the Trek Date is fixed and strictly non-transferable, non-exchangeable and there is no cash alternative.

5. UNCLAIMED PRIZE

   1. The prize must be claimed within 21 days of our notification of winning unless otherwise stated. We reserve the right to award an unclaimed prize after this period to an alternative prize-winner or not to award a prize at all and we shall have no liability in respect of the entry initially selected.

6. PUBLICITIY AND PERSONAL INFORMATION

   1. The personal information supplied by all entrants when entering the Mount Everest Competition or otherwise requested by us, will be used by us in accordance with our privacy policy which can be found at eliteexped.com/privacy-policy, or as modified for the Mount Everest Competition. You should always read the privacy policy as your entry in the Mount Everest Competition is an agreement to be bound by the privacy policy. All entrants may have their details removed from our database by contacting us. If details are removed prior to the Mount Everest Competition concluding and/or award of the prize, entrants will forfeit their right to claim the prize.
   2. It is a condition of your entry to the Mount Everest Competition that we have the right to publicise to the public the names and countries of entrants to the Mount Everest Competition and otherwise to process your personal information for the running of the Mount Everest Competition and matters incidental to the Mount Everest Competition.
   3. The Competition Winner must have and maintain a valid passport endorsed with all relevant visas and with an expiry date no less than 6 months following the Trek Date. This passport, and its holder, must not be subject to any restrictions on
      travel to and from Nepal (and any other applicable country or countries). Passport control and in-country authorities may reserve the right to refuse entry to the Competition Winner. We shall not be responsible for ensuring your ability to travel
      to Nepal nor for any additional costs incurred should you be refused entry.
   4. The Competition Winner is responsible for obtaining and must obtain in advance of any and all travel related to partaking in the Mount Everest Prize Trek appropriate travel insurance and agree to share details of the same with us if
      requested.
   5. The Competition Winner may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without
      limitation, the internet) and in any manner we see fit.
   6. Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Mount Everest Competition and awarding the relevant parts making up
      the prize.
   7. No fees shall be payable to any entrant in relation to their entry to the Mount Everest Competition or any publicity relating to the Mount Everest Competition.
   8. By entering the Mount Everest Competition entrants warrant and undertake that the information submitted is true, accurate and complete.

7. COPYRIGHT

   1. By entering the Mount Everest Competition all entrants:
      1. assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
      2. agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Elite-Exped, its assigns, licensees and successors in title;
      3. undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or
         liability arising should this turn out not to be true; and
      4. confirm they have the right, power and authority to grant the rights set out above and they have obtained all consents and permissions necessary to grant us the same.
   2. For the avoidance of doubt, all rights in the name and title of the Mount Everest Competition and the format rights for the Mount Everest Competition are our sole property and we may exploit the same our absolute discretion.
   3. The prize and all parts making up the prize are subject to availability, non-transferable and non-exchangeable and the Mount Everest Prize Trek must be taken on the date/s specified by us. If the Competition Winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the Competition Winner. No cash will be awarded in lieu of that prize or part of it.
   4. Any tax payable as a result of the prize being awarded or received will be the responsibility of the Competition Winner. The Competition Winner should seek independent financial advice prior to accepting the prize if this is a concern.
   5. We make no representation or warranty in relation to the prize provided and to the fullest extent permitted by law we shall have no liability to you in relation to the prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering the Mount Everest Competition or the Competition Winner from receiving the prize where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.

8. TERMINATION OF COMPETITION

   1. We may vary the terms of, or terminate, the Mount Everest Competition at any time at our absolute discretion without liability to any contestant or other person. We will not award the prize if the Mount Everest Competition is terminated.

9. DECISIONS FINAL

   1. All our decisions relating to the Mount Everest Competition and/or redemption of the prize are final. No discussions or correspondence with entrants or any other person will be entered into.
   2. Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.

10. TREK CANCELLATION

    1. We will not be held liable or responsible if any part of the Mount Everest Competition trek is cancelled, varied, or rescheduled at any time for any reason, nor will we be under any obligation to provide any alternative or substitute prize.

11. LIABILITY

    1. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
    2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or the Competition Winner in connection with or arising out of the Mount Everest Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing in these Competition Terms shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence.
    3. By entering the Mount Everest Competition, the entrant indemnifies us against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-
       performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein.
    4. In the event that any provision of these Competition Terms is held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.

12. LAWS

    1. These Competition Terms (and any Promotion Rules) shall be construed in
       accordance with and governed by the laws of England and Wales.

SCHEDULE 1

Mount Everest Competition prize:

16-day trek to Mount Everest base camp (Mount Everest Prize Trek)

Included:

• £1,500 expenses coverage (to be used towards international air travel, insurances and visa costs – such expenses to be reimbursed once receipts have been shared with Elite-Exped)
• Partner bundle from: Osprey Europe, Scarpa, Grivel and Thermic
• Nimsdai merchandise
• Ground transportation: airport and hotel
• 4 night’s accommodation in Kathmandu (1 room, on a sharing basis)
• Welcome dinner in Kathmandu
• Kathmandu-Lukla-Kathmandu air transportation
• 20kg luggage allowance
• Meals and refreshments during trekking and at base camp
• All required permits
• Access to base camp facilities, including base camp staff
• Waste management
• Porter provision (1 porter per 2 trekkers)
• Access to an emergency only use satellite phone
• Farewell dinner

NOT INCLUDED:

• International airfare to/from Kathmandu
• Nepal visa costs
• Meals and refreshments in Kathmandu
• Additional accommodation costs in Kathmandu (if either or both Competition Winner/Competition Winner’s Companion opt to extend their stay in Kathmandu)
• Insurances
• Tips (it is customary during an expedition for a trekker to tip approximately $250 to base camp staff and porters)
• Full clothing and climbing equipment
• Any other items not listed in the ‘Included’ section at eliteexped.com/exped/everest-base-camp