SANDALS RESORTS AND THEOPHILIO SWEEPSTAKES

Official Rules

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING. 

 

VOID WHERE PROHIBITED BY LAW.  ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

 

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. 

 

ELIGIBILITY: To be eligible to enter the Sandals Resorts and Theophilio Sweepstakes (“Sweepstakes”), you must be a legal United States resident residing in the fifty (50) United States or Washington, D.C., and at least eighteen (18) years of age and the age of majority in your jurisdiction of residence (nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) at the time of entry. Employees of Theophilio (“Sponsor”) and Unique Travel Corp., (“Sandals Resorts Prize Provider”) and their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, advertising, sales promotion and judging agencies (collectively, the “Sweepstakes Parties”), and members of the immediate families (parent, child, sibling and spouse of each) or households (whether related or not) of any of the above are NOT eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

 

TIMING: The Sweepstakes begins at 5:00 p.m Eastern Time (“ET”) on September 9, 2024 and ends at 11:59 p.m. ET on October 31, 2024 (the “Sweepstakes Period”). Sponsor’s designated computer clock is the official time-keeping device in the Sweepstakes.

 

 

HOW TO ENTER: 

 

 

 

 

SWEEPSTAKES DRAWING: There will be one (1) potential winner selected in this Sweepstakes, via a random drawing on or about November 1, 2024 from among all eligible entries received in accordance with these Official Rules. 

 

ODDS: Odds of winning a Prize depend on the total number of eligible entries received during the Sweepstakes Period.

 

PRIZE/PRIZE RESTRICTIONS: There is one (1) prize (“Prize”) available. The Prize includes:

 

 

 

 

 

 

 

 

 

 

 

Compliance with Government Entities: Unique Travel Corp, its affiliates, and parent as well as Sandals Resorts and/or Sandals Resorts related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of the Agreement or any agreement entitling the guests to assert any claim for liability, compensation or refund.

 

Health and Safety: Sandals Resorts reserves the right to implement or modify health protocols, policies and procedures at any time as needed, in keeping with public health guidance and applicable law.

 

Travel Safety Warning:    The winner and their guest are responsible for checking the travel and entry protocols for the destination that they are travelling to before they depart and ensuring that they fully understand and comply with any such protocols. For example, for some destinations, may require guests to be fully vaccinated and/or to obtain a negative PCR Covid-19 test a certain number of days pre and post travel.   The winner is advised to visit the travel.gov website before travel and to check the official Government website for the country visiting. Sponsor, Unique Travel Corp., and/or Sandals Resorts shall not be responsible for any additional costs incurred for any required test or any other pre-travel requirements.

 

CLASS ACTION WAIVER: ACCEPTANCE OF THE PRIZE PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES RELATING TO THE PRIZE ONLY THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING WINNER TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES WINNER FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT AS A RESULT OF RECEIVING THE PRIZE IN THIS SWEEPSTAKES. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, WINNER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST UNIQUE TRAVEL CORP WHATSOEVER SHALL BE LITIGATED BY WINNER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND WINNER EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF WINNER’S CLAIM IS SUBJECT TO LEGAL PROCEEDING UNDER FOREIGN SELECTION AND CHOICE OF LAW PROVISIONS OF THE UNIQUE TRAVEL CORP. TERMS AND CONDITIONS AVAILABLE HERE https://www.sandals.com/terms-conditions/ . THE WINNER FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE PROCEEDING OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ANY CLAIMS HEREIN. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW. WINNER AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE FORUM SELECTION AND CHOICE OF LAW PROVISION SET FORTH IN THE UNIQUE TRAVEL CORP. TERMS AND CONDITIONS WHICH SHALL BE PROVIDED TO THE CONFIRMED WINNER. WINNER AGREES THAT THE PARTIES REFERENCED IN FOREIGN SELECTION AND CHOICE OF LAW PROVISIONS OF THE UNIQUE TRAVEL CORP. TERMS AND CONDITIONS THAT MAY BE THE SUBJECT OF ANY CLAIM BY WINNER CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.

 

WINNER NOTIFICATION: On or about September 11, 2024, the potential winner will be notified via email or phone call to the email address or phone number provided on the potential winner’s entry form. The potential winner will have forty-eight (48) hours from the time of the first notification to respond to the email or phone call or the potential winner will automatically forfeit the Prize and an alternate potential winner may be randomly selected, time and circumstances permitting. The potential winner must complete, sign, and return the presented affidavit of eligibility, mutually acceptable liability release, publicity release, and the appropriate tax documents (the “Documents”) within seven (7) calendar days of delivery of the Documents, or the Prize will be forfeited in its entirety. 

 

Prize Winner’s Guest: The potential winner may designate one (1) guest within seven (7) calendar days of delivery of the Documents. Guest must be at least eighteen (18) years of age and the age of majority in their jurisdiction of residence (nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), and a legal United States resident residing in the fifty (50) United States or the District of Columbia. At the same time that the Prize winner completes their Documents, the guest must sign and return a publicity release and a mutually acceptable liability release. Failure for the guest to complete and return the documents in the time specified by the Sponsor may result in that guest’s disqualification and forfeiture of the guest’s portion of the Prize.

 

No more than the stated number of Prizes will be awarded. 

 

GENERAL: Subject to applicable law, winner hereby expressly grants to the Sweepstakes Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the Prize to the winner. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning entrant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In the event Sponsor is prevented from continuing with the Sweepstakes 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), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. 

 

CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

 

USE OF PERSONAL DATA/PERSONAL INFORMATION: Entry into the Sweepstakes constitutes the Participants’ representation of eligibility, consent to participate and consent for the Sponsor to obtain, use and transfer your name, telephone number, mailing address, email address and other information obtained through the entry for the purpose of the Sweepstakes administration and Prize redemption.  The Sponsor’s Privacy Policy is available here https://theophilio.com/pages/privacy-policy and the Sandals Prize Provider’s Privacy Policy is available here https://www.sandals.com/general/privacy/

 

WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, or registrations, the announcement of the Prize, or in any other Sweepstakes-related materials; or (f) any injury or damage to entrants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the Prize from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action.

 

RELEASES: All entrants, as a condition of participation in this Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes activity), (ii) the receipt, ownership, use or misuse of the Prize awarded, including any travel associated with any Prize, (iii) the Sweepstakes Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) entrant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize. 

 

GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sweepstakes Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

 

ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver their name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. By participating in the Sweepstakes, entrant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://theophilio.com/pages/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

 

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official 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.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

 

NAMES OF WINNERS:  For the name of the winner, available after November 10, 2024, email customercare@theophilio.com.