Ocean Potion® Win a Trip to Beaches® Resort for a BFF Weekend Sweepstakes
Ocean Potion® Win a Trip to Beaches® Resort for a BFF Weekend Sweepstakes Official Rules NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE OTHERWISE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, PINTEREST OR TWITTER.
1. Sweepstakes. The Ocean Potion® Win a Trip to Beaches® Resort for a BFF Weekend Sweepstakes (“Sweepstakes”) begins at 12:01:00 AM Eastern Time (“ET”) on January 1, 2017 and ends at 11:59:59 PM ET on August 31, 2017 (“Sweepstakes Period”). From all eligible entries received in connection with the Sweepstakes, exactly one (1) winner (“Grand Prize Winner”) will be selected, as set forth herein. Participation in the Sweepstakes is described, regulated and clarified by, and wholly subject to, the provisions of these official rules (the “Official Rules”). This Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
2. Sponsor and Administrator. The Sweepstakes is sponsored by SolSkyn Personal Care LLC, 1725 North Brown Road, Lawrenceville, GA 30043 (the “Sponsor”). The Sweepstakes is administered by Black Diamond Media, 574 Heritage Road, Suite 201A, Southbury, CT 06488 (the “Administrator”).
3. Eligibility. The Sweepstakes is open only to (i) individuals legally residing in one of the fifty (50) United States or the District of Columbia (the “Eligibility Area”); and (ii) who are twenty-one (21) years of age or older at the time of entry into the Sweepstakes. Directors, officers and employees of the Sponsor, Unique Travel Corp., Be3 Marketing Group, Administrator, and each of their respective affiliates, parents, subsidiaries, advertising and promotional agencies, and all other entities or individuals associated with the development, administration, or fulfillment of this Sweepstakes, if any (collectively, the “Sweepstakes Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent, or “step” or “half” variations of any of the preceding individuals), and those living in their same households, are ineligible to enter or win prizes in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Sweepstakes or win a prize (“Entrant”). The Sweepstakes is VOID outside of the Eligibility Area and where otherwise prohibited or restricted. By entering the Sweepstakes, Entrant agrees to comply with these Official Rules and all decisions of the Sponsor, which shall be final and binding in all matters relating to this Sweepstakes.
4. How to Enter. To participate in the Sweepstakes, Entrant must visit www.oceanpotion.com during the Sweepstakes Period and follow the directions provided to complete an official online entry form and click the “submit” button. All required fields on the official online entry form must be completed in order to complete one (1) entry ("Entry"). All Entries must be received by 11:59:59 PM ET on August 31, 2017 to be eligible. The clock on Sponsor’s website server shall be the official timekeeper for this Sweepstakes. Limit one (1) Entry per person using only one (1) email address for the entire Sweepstakes Period. Submission of multiple Entries by or on behalf of the same person or email address may result in ineligibility with respect to all Entries for such Entrant. Using any device to automate the entry process is prohibited, and any such Entries are void. Entrant’s participation in the Sweepstakes constitutes and is deemed such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor and any third-party judges, which are final and binding in all respects. Entrant agrees to waive any right to claim ambiguity in the Sweepstakes and/or these Official Rules. All Entries become the property of Sponsor and will in no event be acknowledged or returned to any Entrant or other person. This Sweepstakes is not sponsored, endorsed or administered by Facebook, Pinterest or Twitter . All information submitted by entrants in connection with this Sweepstakes is being submitted to Sponsor, not Facebook, Pinterest, or Twitter. To the extent of any conflict between these Official Rules and terms, guidelines or policies of Facebook, Pinterest or Twitter, these Official Rules will apply. By entering the Sweepstakes, each Entrant irrevocably releases, holds harmless, and forever discharges each of Facebook, Pinterest, and Twitter from any and all liability, loss, harm, damage, cost, or expense associated with the Entrant’s participation in this Sweepstakes.
5. Odds of Winning. The odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
6. Drawing. On or about September 8, 2017, the Administrator will select one (1) potential Grand Prize winner by random drawing from among all eligible Entries received during the Sweepstakes Period (“Grand Prize Winner”).
7. Grand Prize. The Sweepstake’s grand prize (the “Grand Prize”) is: (i) roundtrip coach-class air transportation for two (2) from the major U.S. airport closest to winner’s home (at Administrator’s determination) to major airport closest to the relevant Beaches resort (at Administrator’s determination); (ii) four (4) days/three (3) nights’ hotel accommodations (one (1) room, double occupancy) for Beaches Friends Forever (B.F.F.) Girls Getaway at Beaches Turks & Caicos Resort Villages & Spa in Providenciales, Turks & Caicos (subject to Section 8 of these Official Rules) ; (iii) all meals, unlimited premium brand beverages, daily and nightly entertainment at the resort, and land and water sports, including scuba diving (for certified divers only), snorkeling, Wi-Fi in room and public areas, and all gratuities; and (iv) transfers to and from the resort and the relevant major airport closest to such resort. The Administrator is managing the air transportation portion of the Grand Prize, and Unique Travel Corp. and Be3 Marketing Group are managing the hotel and land portions of the Grand Prize, including scheduling the redemption of the Grand Prize. Sponsor is not managing any portion of the Grand Prize or redemption therof, and disclaims any responsibility and liability for the same. Beaches Turks & Caicos Resort Villages & Spa is not a sponsor or participant of this Sweepstakes. Approximate Retail Value (“ARV”) of Grand Prize is $4,800. Actual value may vary based on Grand Prize Winner’s point of departure and other factors outside the control of the Sponsor. Any difference between stated ARV and actual value will not be awarded. Only one (1) Grand Prize shall be awarded.
8. Restrictions. Grand Prize Winner may not substitute, assign or transfer the Grand Prize or redeem the Grand Prize for cash. Grand Prize Winner and travel companion are responsible for obtaining passports, visas and any additional required travel documents, and each must be twenty-one (21) years of age or older at the time of entry into the Sweepstakes. The Grand Prize travel is scheduled to be taken on 9/28/17 - 10/2/17. If the Grand Prize Winner is not available on 9/28/17 - 10/2/17, the Grand Prize Winner may elect to travel on different dates subject to this Section 8. If the Grand Prize Winner does not want to redeem the Beaches Friends Forever (B.F.F.) Girls Getaway at Beaches Turks & Caicos Resort Villages & Spa, he/she may redeem the hotel/resort portion of the Grand Prize at such Beaches Resort in Jamaica or Turks & Caicos as approved by Beaches Resort in its sole discretion, subject to availability (other resorts include Beaches Turks & Caicos Resort Villages & Spa in Providenciales, Turks & Caicos, Beaches Negril Resort & Spa, Negril, Jamaica or Beaches Ocho Rios, A Spa Golf & Waterpark Resort, Ocho Rios, Jamaica). Beaches Resorts reserves the right, in its sole discretion to relocate the Grand Prize Winner from his/her selected resort, including after the Grand Prize is awarded and travel dates/location hereunder are confirmed, for reasons including, but not limited to, space availability at the selected resort, inclement weather, and other factors. Travel dates need to be approved by Sponsor. Travel dates need to be approved by Sponsor. Grand Prize must be taken by August 31, 2018 or the Grand Prize will be forfeited and Sponsor will have no further obligation to the Grand Prize Winner. The Grand Prize Winner and travel companion must travel together on the same itinerary, and travel arrangements must be made through Administrator or Administrator’s agent, on a carrier of Administrator’s choice and booked at least 45 days prior to departure. Certain travel restrictions may apply. GRAND PRIZE WINNER SOLELY IS RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES, AS WELL AS ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE GRAND PRIZE NOT DETAILED IN SECTION 7, ABOVE, INCLUDING, WITHOUT LIMITATION, LUGGAGE FEES, HOTEL INCIDENTALS, ANY ADDITIONAL GROUND TRANSPORTATION, SOUVENIRS, AND ANY MEALS, BEVERAGES AND EXCURSIONS TAKING PLACE OUTSIDE OF THE RESORT. Winner and travel companion must comply with all Beaches Resort rules and regulations.
9. Notification of Grand Prize Winner. Administrator will attempt to notify the potential Grand Prize Winner of his/her winning status via by overnight delivery, phone, or email after the drawing. Before the Grand Prize is awarded, the potential Grand Prize Winner will be required to complete, sign and return an Affidavit of Eligibility (“Affidavit”), a W-9 form and, where lawful, a Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”), and the Grand Prize Winner’s travel companion will be required to complete, sign and return a Release. If the Affidavit and Releases are not signed and returned within seven days of the date of the notification letter, or if a potential Grand Prize Winner does not meet eligibility criteria set forth in these Official Rules, or is otherwise unwilling or unable to comply with these Official Rules, an alternate winner may be selected by Sponsor by random drawing from among the remaining eligible Entries. Upon receipt and verification of the Affidavit and Release and compliance with the Official Rules, the Grand Prize Winner will be contacted with further details as to how the Grand Prize Winner may redeem the Grand Prize.
10. General Conditions: Neither Sponsor nor any of the other Released Entities (defined below) shall be responsible for and disclaim any responsibility for (i) lost, late, incomplete, stolen, misdirected, illegible, or incomplete Entries; (ii) any incorrect or inaccurate information, whether caused by Entrants, tampering, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (iii) any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Sweepstakes; (iv) failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, Internet Service Provider, servers, access providers, hardware or software, whether originating with sender or recipient; and (v) any problems or technical malfunctions of any telephone network or lines, computer online systems or servers, computer software problems or traffic congestion on the internet or at any website. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process, the operation of the Sweepstakes, or to be acting in violation of these Official Rules. If for any reason the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, actions by Entrants, fraud, or any other causes which, Sponsor in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. Notification of any such cancellation, termination, modification or suspension shall be posted at www.oceanpotion.com. If the Sweepstakes or any portion of the Sweepstakes is terminated before the end of the Sweepstakes Period, a Grand Prize Winner will be selected in accordance with these Official Rules from among the eligible Entries received as of the termination date of the Sweepstakes. An individual is not a Grand Prize Winner until he or she has fully complied with these Official Rules. No transfer, assignment, cash redemption or substitution of the Grand Prize is permitted without the written consent of Sponsor, which consent may be withheld in Sponsor’s sole discretion. No portion of the Grand Prize has any cash value and no portion of the Grand Prize may be sold, offered for sale, assigned, transferred, offered for transfer or exchanged for cash, merchandise or services, in whole or part, without the advance written consent of Sponsor, which consent may be withheld in Sponsor’s sole discretion. No portion of the Grand Prize may be listed or offered for sale on eBay, Craigslist, or similar auction websites. In the event of a dispute as to the identity the Grand Prize Winner based on an e-mail address, the winning entry will be deemed to have been made by the authorized account holder of the e-mail address at the time of entry. “Authorized account holder” is the natural person who is assigned an e-mail address by an internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question.
11. General Release and Hold Harmless: By entering this Sweepstakes and/or accepting a Prize, each Entrant and Grand Prize Winner (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges each of the Sweepstakes Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, employees, shareholders, and agents (collectively, the “Released Entities”) from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) (i) associated with the Entrant’s participation in this Sweepstakes, redemption of the Grand Prize in connection with this Sweepstakes, attendance at any events related to this Sweepstakes, travel related to the Grand Prize and/or use or misuse of the Grand Prize, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) related to the production, promotion, or execution of this Sweepstakes (or participation therein), or claims based on publicity rights, defamation, or invasion of privacy; and (iii) that may occur in connection with acceptance and/or use of the Grand Prize or while participating in or traveling to any Grand Prize-related activity.
12. Limitations of Liability: Except where prohibited, Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the Grand Prize Winner, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees. IN NO EVENT WILL ANY OF THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE GRAND PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, THE GRAND PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Non-Waiver: The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
14. Miscellaneous: By participating in the Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions or interpretations of Sponsor regarding the Official Rules, which are final and binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Sweepstakes. By participating in the Sweepstakes, each Entrant waives any right to claim ambiguity in these Official Rules.
15. Publicity: Except where and as may be prohibited by law, acceptance of the Grand Prize constitutes the Grand Prize Winner’s express permission for Sponsor and its designees to use the Grand Prize Winner’s name, photograph, image, likeness, voice, opinions, hometown, state of residence, statement and any other identifying characteristics, including, but not limited to the taking of photographs and/or videos, in any manner and in any medium, not known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity, without further notice, review, approval or authorization by Grand Prize Winner and without payment or consideration to the Grand Prize Winner.
17. Opt-In: By entering the Sweepstakes through www.oceanpotion.com, each individual consents to be bound by these Official Rules, and to receiving communications from Sweepstakes Entities through mailed materials, telephone calls, e-mail messages, and other forms of communication to the addresses and telephone numbers provided by the individual when registering to participate in the Sweepstakes. Some communications from Sweepstakes Entities may be mandatory for purposes of notifying the individual of results or updates to the Sweepstakes, confirming an individual’s information and entry into the Sweepstakes, or responding to an individual’s actions or inquires. Sweepstakes Entities may also use individuals’ registration information to contact those individuals regarding products or services sold by SolSkyn Personal Care and its affiliates, and Unique Travel Corp. and its affiliated entities. Upon registering to participate in the Sweepstakes, individuals will have the opportunity to choose to receive information and other materials regarding products, services, and other offers from Sweepstakes Entities.
18. Venue and Applicable Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflicts of law/choice of law doctrine of Georgia or any other jurisdiction, and all proceedings shall take place exclusively either in the United States District Court for the Northern District of Georgia, or Fulton County State Court located in Atlanta, Georgia.
19. Disclosure of Winner: The name of the Grand Prize Winner will be published at www.oceanpotion.com after October 13, 2017, and will be available until November 17, 2017.
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