Set forth below are the rules for the Fun in the Sun Getaway Giveaway Sweepstakes (the “Sweepstakes”). This document sets forth the entry requirements, the judging criteria, ownership of entries and other important rules governing the Sweepstakes (collectively, these “Official Rules”).
Sponsor: The Sponsor of the Sweepstakes (the “Sponsor”) is Clearwater Beach Marriott, 1201 Gulf Boulevard, Clearwater Beach, FL 33767
Sweepstakes Period: Sweepstakes begins at 6:00 a.m. EST on Dec 1, 2021 and ends at 11:59 p.m. EST on January 31, 2022 (the “Promotion Period”). The Sponsor’s computer is the official time keeping device for the Sweepstakes, and the Sponsor is the official timekeeper for the Sweepstakes. Entrants of the Sweepstakes (“Entrants”) are responsible for determining the corresponding time zone in their respective jurisdiction.
Eligibility: The Sweepstakes is open to legal residents of, who are located within, the United States and who are twenty-one (21) years or older at the time of entry. Employees of the Sponsor, and each of its subsidiaries, parents, partners, affiliates and other related entities, and any other individual or entity associated with the development or administration of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employee’s immediate families (spouses, children, siblings, parents) and persons living in the same household as such person, whether or not related, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable national, federal, state and local laws and regulations and is void where prohibited by law. Proof of eligibility must be provided upon request. By participating in the Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters related to the Sweepstakes.
How To Enter: To enter the Sweepstakes, each Entrant must, during the Promotion Period:
Limit one (1) entry per Entrant (email address) during the Promotion Period plus bonus entries obtained through the Entrant’s unique share URL. The Sponsor shall have no liability for any submission that is lost, intercepted or otherwise not received by the Sponsor. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void. Any attempt by an Entrant to obtain more than the allowable entries by using multiple/different email accounts, identities or any other online methods will void all of that Entrant’s entries. THE INFORMATION PROVIDED BY ENTRANTS WILL BE USED TO ADMINISTER THE SWEEPSTAKES.
Prize: A maximum of five (5) potential winners (each, a “Winner”) will be selected by the Sponsor or its designee after the end of the Promotion Period, and a maximum of one (1) prize package will be awarded to each Winner.
• One winner will win a prize containing (a) one YETI Hopper BackFlip 24 Backpack Soft Cooler, with an ARV of $299.99, complete with bundle of gifts from Ivanhoe Park Brewing Company including a beach towel, hat, flip flops and a certificate for two Box Car Variety Packs, with an ARV of $100
• One winner will win a prize package containing (a) Visit St. Petersburg Clearwater welcome bag filled with a beach towel, tshirt, sunglasses, and more, with an ARV of approximately $50.
• One winner will win a prize package containing (a) one gift certificate for dinner for two (2) at Watercolour Grillhouse at Clearwater Beach Marriott. Dinner includes no more than one (1) appetizer, two (2) entrees, two (2) beverages, and one (1) dessert for an ARV of approximately $160.
• One winner will win a prize package containing one (1) plush turtle and one (1) t-shirt from Clearwater Marine Aquarium with an ARV of $55.
• One winner will win a prize package containing one (1) night stay at Clearwater Beach Marriott Suites on Sand Key. Reservations must be made in advance of stay and are based on availability, black out dates may apply. ARV is based on occupancy and availability and is approximately $300.
The approximate retail value of all prizes given away during the Sweepstakes is $965.00.
A Winner may not substitute, assign or transfer a prize or redeem a prize for cash. The prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizes are to be picked up at the hotel or held for the Winner. If a Winner would like to arrange shipping, the Sponsor will not pay for shipment of the applicable prize to the Winners. Each Winner is responsible for all applicable national, federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. The awarding of any prize is contingent upon full compliance with these Official Rules. The Sponsor reserves the right to substitute any prize for one of equal or greater value in its sole discretion.
Odds: Many will enter, but only five (5) will win. The odds of winning depend upon the number of eligible entries received during the Promotion Period. The Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes during the Promotion Period.
Minimum Entries: There must be a minimum of 100 entries to have the drawing.
Winner Selection: The Sponsor will select the Winners at random from the eligible entries immediately after the end of the Promotion Period and will announce the Winner on or around January 31, 2022 . In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the applicable prize, such prize shall be forfeited and may be awarded to an alternate winner.
Winner Notification: Attempts to notify each Winner will be made by contacting such Winner via email. Each Winner must respond and provide his or her mailing address within five (5) days of receiving notification. The Sponsor is not responsible for Internet or other communication problems of any kind. If, despite reasonable efforts, a Winner does not respond within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such Winner, such Winner will forfeit his or her prize and an alternate winner may be selected.
Winner Verification: Each Winner may be required to complete and return an Affidavit of Eligibility, IRS Form W-9 or other tax related forms, Release of Liability/Publicity or other documentation as requested by the Sponsor within seven (7) days of the date of notification or an alternate winner may be selected. If such requested documents are not returned within the specified time period, the prize or prize notification is returned as undeliverable, the Sponsor is unable to contact the Winner or the Winner is not in compliance with these Official Rules, the prize will be forfeited and, at the Sponsor’s discretion, an alternate Winner may be selected.
Publicity Release: Except where prohibited, acceptance of a prize constitutes each Winner’s consent for the Sponsor to use such Winner’s name provided in connection with the Sweepstakes and such Winner’s name, likeness, voice and/or biographical data for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further notice, compensation or consent.
License: By submitting an entry, each Entrant hereby grants the Sponsor an unlimited license to use such Entrant’s entry in any form or manner and grants the Sponsor the right to alter or amend the entry. Entrant will not object to any use by the Sponsor of the entry and is waiving all moral rights associated with the entry.
Liability/Release: BY ENTERING THE SWEEPSTAKES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF THE SPONSOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, TRAEGER, INSTAGRAM, FACEBOOK AND TWITTER AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY'S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES; (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS; (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF); (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND THE SPONSOR’S CONTROL OR AS OTHERWISE PERMITTED HEREUNDER; (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES; (VI) HUMAN ERROR; (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF); (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITES OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SPONSOR OR BY AN ENTRANT; (IX) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; (X) ANY DAMAGE TO ENTRANT'S (OR ANY THIRD PERSON'S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES; (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS; (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SPONSOR, OR ANY OF THEIR AGENTS OR EMPLOYEES; OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE SPONSOR. WINNER HEREBY ACKNOWLEDGES THAT THE SPONSOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT WHERE SUCH DISCLAIMER OF WARRANTY WOULD BE PROHIBITED BY APPLICABLE LAW.
The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with, or utilized in, the Sweepstakes, or by any technical or human error which may occur in the processing and/or transmissions in the Sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to, or resulting from, participating in or downloading of materials in the Sweepstakes.
Rights of the Sponsor: The Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend the Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of the Sweepstakes, as contemplated by these Official Rules. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, and select winners from all entries received up to the time of termination. Any person attempting to defraud or in any way tamper with the mechanics or logistics of the Sweepstakes will be declared ineligible and may be prosecuted to the full extent of the law.
Disputes/Choice of Law: EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN THE STATE OF TEXAS, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. TEXAS LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE SWEEPSTAKES AND ALL ASPECTS RELATED THERETO.
Winners List: To obtain any legally required winners list, send a self-addressed, stamped, #10 standard-sized envelope (after February 5, 2022, but no later than May 31, 2022) to: Fun in the Sun Getaway Giveaway Winner List, Clearwater Beach Marriott, 1201 Gulf Boulevard, Clearwater Beach, FL 33767
Disclaimer: The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, Facebook, or Twitter.