The Beaches of Fort Myers & Sanibel
Spin To Win Game 1
**NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE**
**A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING**
**ODDS OF WINNING DEPEND UPON THE NUMBER OF PARTICIPANTS PLAYINGTHE GAME AND THE DATE AND TIME OF EACH PLAY **
**VOID WHERE PROHIBITED BY LAW**
Sponsor/Administrator: The Beaches of Fort Myers &Sanibel Spin To Win Game (“Game” or “Instant Win Game”) is sponsored by The Beachesof Fort Myers & Sanibel, 2201 2nd Street, Suite 600, Fort Myers, FL 33901 (“Sponsor”) and is administered byCohen-Friedberg Associates, LLC, Framingham, MA 01702 www.cfapromo.com. (“Administrator”).
Participation in the Gameconstitutes entrant’s full and unconditional agreement with these OfficialRules, and Sponsor’s and Administrator’s decisions, which are final and legallybinding in all matters related to the Game.
Eligibility& CONDITIONS OF PARTICIPATION: The Game is open to legal residents of theUnited States and the District of Columbia, eighteen (18) years of age or olderas of date of entry (“Entrant”). VOID OUTSIDE OF THE UNITED STATES AND WHEREPROHIBITED OR RESTRICTED BY LAW. Employees, officers, and directors ofSponsor, Administrator, MMGY Global (“MMGY”), and each of theiraffiliated companies, subsidiaries, licensees, franchisees, distributors,dealers, sales representatives, their advertising and sweepstakes agencies, andany and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of theirrespective parent, subsidiaries, affiliates, partners, representative, agents,successors, assigns, advertising/ promotion/ fulfillment agencies and anyoneelse connected with the production and distribution of this Instant Win Game(hereafter and collectively the “ReleasedParties”) are not eligible to enter or win. Entrants may be required to provide proof of identification andeligibility as required by Sponsor or Administrator. If it is discovered or suspected that anentrant has registered for or played or attempted to register for or play theGame using multiple e-mail addresses or multiple identities, all of thatentrant’s entries will be declared null and void and any Prize that entrantmight have been entitled to receive or win will not be awarded.
Use of any automatedsystem or any like methods to participate in the Game is prohibited and willresult in disqualification of any entrant attempting such use. If Entrantchooses to enter by using Entrant’s mobile device, standard data fees mayapply. Entrant should consult Entrant’s wireless service provider'spricing plan for details. Entrant agrees to incur any and all charges demandedby Entrant’s wireless carrier. Entrant should also check Entrant’s device'sfeatures for capabilities and check the device manual for specific useinstructions.
Instant Win Game Period: The InstantWin Game period starts on Monday, October 7, 2019 at 11:00:01 AM Eastern Time(“ET”) and ends Sunday, October 13,2019 at 11:59:59 PM EST (the “InstantWin Game Period”). Sponsor’s designated computer server will be theofficial timekeeper for the Game.
HOW TO ENTER& PLAY THE GAME: During the GamePeriod, you may play the Game once per day using the following methods
Website: Visithttps://woobox.com/wyct33 (the “GameSite”) and follow the on-screen instructions to register and play the Game.
Once on the Game page,you must click on the “SPIN NOW”button to activate the Game from your mobile phone, computer, or other similardevice that allows entry. Once you submit the entry form, you will receive an on-screen messageconfirming the prize won, subject to verification of eligibility. [HC1]
HOW TO CLAIM AN INSTANT WIN PRIZE: Follow theprize claim directions that appear after your winning game message. No morethan the below stated number of Prizes will be awarded. Any instant winprize that remains unclaimed will not be offered in any Second Chance drawingor otherwise awarded. Return of anyprize/prize notification as undeliverable will result in the disqualificationof the potential winner and no alternate winner will be selected. No substitution or transfer of prize ispermitted except by Sponsor. The Sponsor also explicitly reserves the right tocorrect any and all errors, including but not limited to printing errors, so asto make the Instant Win Game materials conform to these Official Rules.
LIMIT: REGARDLESS OF THE METHOD OF ENTRY THERE IS A LIMIT OF ONE(1) GAME PLAY PER PERSON PER CALENDAR DAY DURING THE GAME PERIOD. If any participant uses more than one (1)mobile telephone number or email address to circumvent the participation limit,Sponsor/Administrator reserves the right to disqualify all Game playsassociated with the participant and his or her email address and/or mobiletelephone number and to declare any Prize forfeited
PRIZES, approximaTe retail value “arv”) AND ODDS of winning: There are twenty seven (27) gift packsthat will be given away during the Instant Win Game Period. The total of all instant win prizes duringthe Instant Game Period is, $2,024.5.
Twenty Seven (27) Hobie gift packs containing a select number of items(polarized sunglasses, T-shirt, hat, book, beach towel and reusable bag)
A Sponsor reserves right to substituteprizes of equal or greater value. All applicable federal, state and local taxesand fees, if any, are the responsibility solely of winner.Prizes may not be sold, bartered, or exchanged by winners. All details of any Prizenot specified herein shall be determined solely by Sponsor.
Odds of winning depend upon the number of participantsplaying the Game and the date and time of each play.
INSTANTWIN GAME GENERAL NOTES: Winningdates and times for the simulated spins are randomly predetermined under thesupervision of the Sponsor and will not be disclosed to entrants. The firstentrant to play the Game after each predetermined winning date and time willresult in an instant winner. ALL GAMEPLAYS ARE TIME/DATE STAMPED ON THE GAME SERVER. SCREEN SHOTS ARE NOT PROOF OFWINNING ANY PRIZE. The name of the“authorized account holder” associated with any given email address will bedeemed to be the entrant and must comply with these Official Rules. Theauthorized account holder is defined as the natural person who is assigned anemail address by an Internet access provider, an online service provider, oranother organization that is responsible for assigning email addresses or thedomain associated with the submitted email address. Proof (to Released Partiessatisfaction) of being the authorized account holder may be required by ReleasedParties. Released Parties are not responsible for lost, incomplete, late,damaged, garbled, undelivered, inaccurate or misdirected entries, failures ormalfunctions of phones, phone lines or telephone systems or othercommunications malfunctions; interrupted or unavailable network, InternetService Provider (ISP), cable, satellite, server or other connections;miscommunications, failed computer hardware or software or other technicalfailures; garbled, lost, misrouted or scrambled transmissions; any error,omission, interruption, defect or delay in any transmission or communication;traffic congestion on the Internet or for any technical problem, including butnot limited to any injury or damage to entrant’s or any other person’s computerand/or phone related to or resulting from participation in this Instant WinGame; printing, programming, typographical or other errors appearing withinthese Official Rules or in any Instant Win Game related advertisements or othermaterials; or other errors or problems of any kind whether mechanical, human,technical, electronic or otherwise, including, without limitation, errors thatmay occur in connection with the administration of this Instant Win Game, theprocessing of Game plays, the announcement of the prizes, or in any other InstantWin Game-related materials. The use of automated entry or similar devices asspecifically set forth above is prohibited and entries through such prohibiteddevices are void. By entering this Instant Win Game, entrants give theirexpress permission to be contacted by Sponsor by telephone, email and/or postalmail for promotional purposes only.
WinnerS List: To view the list of winners, please visit https://woobox.com/wyct33 afterOctober 13, 2019.
Release & Indemnification: Sponsor and Administratorare not responsible for printing, programming or typographical errors in any InstantWin Game-related materials or for lost, late, misdirected, damaged,illegible/incomplete entries or prizes, regardless of method of posting,delivery or receipt. By participating inthe Instant Win Game, entrants agree to release and hold harmless Sponsor and ReleasedParties, from any and all liability, loss, harm, litigation, claim, damage ofany kind (including attorney’s fees), illness, personal injury (includingemotional distress), and/or death, which may occur (directly or indirectly),whether caused by negligence or not, in connection with, preparation for, orparticipation in, the Instant Win Game, or possession, acceptance and/or use ormisuse of any prize or participation in any Instant Win Game related activity,and for any claims or causes of action based on publicity rights, defamation,or invasion of privacy. By accepting a prize, the winner agrees that any liabilityconcerning or arising out of the prizes awarded rests solely with themanufacturer of the goods or their affiliates. Entrants acknowledge thatSponsor makes no warranties, representations or guarantees express or implied,in fact or in law, relative to any prize or aspect of the Instant Win Game.
Choice of Law & Disputes: Except where prohibited,entrant agrees that: (1) any and all disputes, claims and causes of actionarising out of or connected with this Game or any opportunity awarded shall beresolved individually, without resort to any form of class action, andexclusively by the state of Florida, (2) any and all claims, judgments andawards shall be limited to actual out-of-pocket costs incurred, including costsassociated with entering this Game, but in no event attorneys' fees; and (3)unless otherwise prohibited, under no circumstances will entrant be permittedto obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive,incidental and consequential damages and any other damages, other than foractual out-of-pocket expenses, and any and all rights to have damagesmultiplied or otherwise increased. All issues and questions concerning theconstruction, validity, interpretation and enforceability of these OfficialRules, or the rights and obligations of the entrant and Sponsor in connectionwith the Game shall be governed by, andconstrued in accordance with, the laws of the State of Florida, without givingeffect to any choice of law or conflict of law rules (whether of State ofFlorida or any other jurisdiction), which would cause the application of thelaws of any jurisdiction other than the State of Florida.
Severability & Headings: If any provisions of theseOfficial Rules are determined by a court of competent jurisdiction to beinvalid or unenforceable, such determination does not affect the validity orenforceability of any other provision in these Official Rules. Headings andcaptions are used in these Official Rules solely for convenience of reference,and shall not be deemed to affect in any manner the meaning or intent of theseOfficial Rules or any provision hereof.
Disqualification: If for any reason, the Instant Win Gameis not capable of running as planned, whether due to infection by computervirus, bugs, tampering, unauthorized intervention, fraud, technical failures,or any other causes within or beyond the control of Sponsor, which corrupts oraffects the administration, security, fairness, integrity or proper conduct ofthe Instant Win Game, in addition to all other remedies provided for herein,Sponsor reserves the right, in its sole discretion, to disqualify anyindividual who tampers with the entry process (if applicable) or the InstantWin Game in general, and/or to cancel, terminate, modify, change, or suspendthe Instant Win Game in whole or in part, at any time, without notice and mayaward prizes using all non-suspect eligible entries received as of thetermination/suspension. Sponsor assumes no responsibility for any error,omission, interruption, deletion, defect, delay in operation or transmission,theft or destruction or unauthorized access to, or alteration of, entries.Sponsor disclaims all liability for the inability of a participant to completeor continue an entry due to acts beyond the Sponsor’s control, or otherwise. CAUTION:ANY ATTEMPT TO DELIBERATELY ALTER, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATIONOF THE INSTANT WIN GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULDSUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OROTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THEEXTENT PERMITTED BY LAW. Sponsor reserves the right to modify and conductthe Instant Win Game in a manner which in Sponsor’s sole discretion is fair,appropriate, and consistent with these Official Rules, including awarding theprizes using all non-suspect, eligible entries received as of the termination/suspension date.
DISQUALIFICATION/FORCE MAJEURE:
In the event an insufficientnumber of Game plays and/or Sponsor is prevented from awarding the opportunityor continuing with the Game as contemplated herein by any event beyond itscontrol, including but not limited to, fire, flood, natural or man-madeepidemic of health of other means, earthquake, explosion, labor dispute orstrike, act of God or public enemy, satellite or equipment failure, riot orcivil disturbance, terrorist threat or activity, war (declared or undeclared)or any federal state or local government law, order, or regulation, publichealth crisis (e.g. SARS), order of any court or jurisdiction, or other causenot reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have theright to modify, suspend, or terminate the Game. If the Game is terminatedbefore the designated end date, Sponsor will (if possible) award the prizes viaa random drawing from all eligible, non-suspect entries received as of the dateof the event, giving rise to the termination. Inclusion in such drawing shallbe each Entrant’s sole and exclusive remedy under such circumstances.
The use of any manufacturer, nameor trademark in connection with any of the prizes is solely for the purpose ofdescribing such prize, and is not intended to suggest any affiliation orsponsorship.
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