Enter For a Chance to Win a Getaway to Cabo – Terms and Conditions (“Official Sweepstakes Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
The "Enter For a Chance to Win a Getaway to Cabo" (the "Sweepstakes") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104, and by SHEfinds, having a corporate address of 109 W. 27th Street, 5A, New York, NY 10001 (collectively, the "Sponsor"). Hacienda Encantada is the "Prize Provider". Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the "Ts&Cs"). The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
TERMS AND CONDITIONS:
1. This Sweepstakes is open to legal residents physically residing in the fifty (50) United States and the District of Columbia, aged 18 or over, or who meet the relevant jurisdiction's minimum age requirement, excluding employees of Sponsor and their immediate families, household members, agents or anyone else professionally connected with this Sweepstakes. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize.
2. Sweepstakes Period: The Sponsor's computer is the official time-keeping device for the Sweepstakes.
Event Timeline Pacific Standard Time
(PST)
Start of Campaign: THURSDAY, MAY 28, 2015, 10:00 AM
End of Campaign: TUESDAY, JUNE 30, 2015, 23:59 PM
3. Entry: To enter, go to the entry page on POPSUGAR (http://www.fitsugar.com/37548239) and complete the following during the Sweepstakes Period, in order to be entered into the Sweepstakes:
a. Email Address; and
b. Zip Code
You may also enter by mailing your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address to POPSUGAR Inc., 111 Sutter Street, 14th Floor, San Francisco, California 94104, Attn: Enter For a Chance to Win a Getaway to Cabo. To be considered eligible in the Sweepstakes, entries must be postmarked no later than JUNE 30, 2015 and received no later than JULY 3, 2015.
4. By entering this Sweepstakes you agree to be bound by these Ts&Cs.
5. By submitting an entry in the Sweepstakes, entrant confirms and warrants that entrant owns all copyright and rights in the nature of copyright ("Rights") in the entry and acknowledges and agrees that Sponsor will own all such Rights. Each entrant therefore hereby irrevocably grants, transfers, sells, assigns, and conveys to Sponsor and its successors and assigns, all Rights of whatsoever kind in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Further, each entrant hereby waives in favor of Sponsor, all moral rights that he/she may now or later have to his/her entry. Sponsor shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Sponsor deems necessary or desirable and entrant hereby waives all moral rights in the entry and any similar rights elsewhere in the world. Each entrant hereby acknowledges he/she does not reserve any rights in his/her entry.
6. Maximum of one (1) entry into the Sweepstakes per person, per household, and per email address.
7. No purchase is necessary to participate in this Sweepstakes. Odds of winning will depend on how many entries are received.
8. Prize(s): At the end of the Entry Period, one (1) Grand Prize winner shall be selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor to receive the Grand Prize that consists of a trip for winner and a guest to Los Cabos, Mexico ("Destination City") and includes: (a) round-trip, economy class air transportation to Destination City from a major continental USA airport closest to the winner's permanent residence with regularly scheduled flights to Destination City. Sponsor, in its discretion, may elect ground transportation if winner resides within a 200-mile radius of Destination City; (b) three (3) nights in a Luxury Suite for two, featuring kitchenette, seating area, and private balcony at Hacienda Encantada (choice of 1 king beds or 2 queen beds; and room tax only) in Destination City; (c) transportation to and from hotel and airport in Destination City via TRANSCABO; (d) 50-minute Swedish Aromatherapy Massages for two in a beachfront spa cabana; and (e) breakfast each morning for two at Las Marias restaurant. ARV is $3,300.00.
Approximate retail value of the airfare portion of the Grand Prize is up to One Thousand Five Hundred U.S. Dollars ($1,500.00). The actual value of the travel may vary depending on date and times of travel, airfare fluctuations and hotel charges at the time of travel. Therefore, the actual value of the Grand Prize awarded may be lower at the time it is fulfilled. Any difference between actual value and stated approximate retail value will not be awarded. Prizes issued, including the Grand Prize, are not redeemable for cash and are not transferable; with no substitution allowed except, at Sponsor's sole discretion, for a prize of equal or greater value. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules.
9. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of the winner(s); provided, however that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor be obligated to award more prizes than the number of Prize(s) stated in these Ts&Cs.
10. Winner Selection: One (1) winner(s) will be selected at random by computer-generated randomizer from all valid entries received during the Sweepstakes Period. Winner(s) shall be the person whose email account was used to submit the winning entry into the Sweepstakes, and an entry will be deemed to have been submitted by the person in whose name the email account is registered. Sponsor reserves the right to deliver Prize(s) directly to the email and/or mailing address provided by an entrant in his or her entry to the Sweepstakes.
11. Winner Notification: The winner(s) will be contacted by email after the end of the Sweepstakes Period. Each winner will be required to do the following as qualifying criteria of the Sweepstakes that must be met in order to receive the Prize: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign an affidavit or declaration of eligibility and liability and publicity release form and return it to Sponsor within five (5) business days of attempted delivery. Except where the prize is time-sensitive, in which case no alternate winner will be drawn, if a winner fails to respond to Sponsor's notification, fails to complete the forms as indicated herein, or fails to meet the qualifying criteria listed above, such winner may be disqualified and an alternative winner may be selected, up to three times. Other restrictions may apply, and an entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Ts&Cs, as determined in Sponsor's sole discretion.
12. Winner(s) shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Sponsor, the winner(s) must complete and return to Sponsor an IRS Form W-9 that reflects each winner's Taxpayer Identification Number or Social Security Number. The winner(s) may receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
13. Unless prohibited by applicable law, the acceptance of the Prize by winner(s) constitutes each winner's permission for Sponsor to use winner's name, address, biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
14. Winner Publication: The names and locations of confirmed winner(s) will be available for two (2) years after the end of the Entry Period by sending a request to the Sponsor address at the end of these terms.
15. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
16. Data Protection: Sponsor will only use the personal details you supply for the administration of the Sweepstakes and for no other purpose, without your prior consent. Sponsor shall use any personal data in accordance with its privacy policy located at, www.popsugar.com/privacy and Co-Sponsor's privacy policy at www.shefinds.com/privacy-policy.
17. This Sweepstakes is not endorsed by, administered or associated with Facebook, Twitter, Google+, and Instagram (collectively, the "Social Media Company(ies)"). Entrants hereby release each Social Media Company(ies) from all responsibility and liability in respect of the Sweepstakes.
18. Incomplete, illegal, misdirected or late entries, or entries not in accordance with these Ts&Cs, will not be accepted. Proof of sending will not be accepted as proof of delivery. Releasees (defined below) take no responsibility for entries delayed, incomplete, illegible, unintelligible, misdirected, damaged or lost due to technical reasons or otherwise.
19. Sponsor reserves the right, in its sole discretion, to disqualify any individual or void any entry or Prize award to any entrant who corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes or is otherwise in violation of any law or of these Ts&Cs. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means in order to increase entries into the Sweepstakes in a manner that is not consistent with the spirit of the Sweepstakes.
20. If, for the reasons set forth in Section 18, or other reasons outside the reasonable control of the Sponsor, the Sweepstakes cannot be run or administered as planned, Sponsor reserves the right to cancel, modify or suspend the Sweepstakes (subject to any written directions given under applicable law), and Sponsor shall post a notice on the Sweepstakes entry page to such effect. Sponsor further reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes for any reason that Sponsor believes in good faith is fair to the entrants.
21. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Sponsor and which prevents the Sponsor from complying with these Ts&Cs, the Sponsor will not be liable for any failure to perform or delay in performing its obligation.
22. Winner and any guest of Winner must be at least eighteen (18) years of age, and the age of majority in their respective state as of the date of entry.
Winner and any guest of Winner must travel on the same itinerary, on dates to be designated by Sponsor and/or Prize Provider, and must have valid identification and any other documents necessary for travel. Travel only valid through June 30, 2016 and must occur prior to this date. Travel dates and times are subject to change, with or without advance notice.
Travel is subject to the restrictions and conditions set forth below. Any costs associated with the receipt of and/or use of the Grand Prize that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, service charges, facility fees, security fees, passenger tariffs or duties, trip and travel insurance and premiums, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize Winner. All Grand Prize-related travel arrangements will be administered by Prize Provider. Should the Grand Prize Winner elect to travel or partake in the Grand Prize trip with no guest, no additional compensation will be awarded to the Grand Prize Winner. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Prize Provider's and Sponsor's sole discretion. All airline tickets issued in conjunction with Grand Prize are not eligible for upgrades, frequent flyer miles, or any other promotional benefit. Prize Provider will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner's possession or in the possession of the Grand Prize Winner's guest. Grand Prize travel is subject to capacity controls, availability, blackout dates and certain other restrictions, which may include a Saturday night stay, all of which are subject to change.
Travel must be round-trip. Sponsor and Prize Provider will determine airline and flight itinerary in its sole discretion. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor and Prize Provider in their sole discretion. Any unclaimed and/or unused Grand Prize travel package or element thereof will be forfeited by Grand Prize Winner and/or his/her guest and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor's air travel Prize Provider, as detailed in the passenger ticket contract issued by such supplier. Winner shall be responsible and liable for all federal, state, and local taxes on the value of the prize and for all costs and expenses related to the Grand Prize that are not specifically mentioned herein, including, but not limited to: additional ground transportation, room service, parking fees, food, alcoholic beverages, tips, and gratuities.
In the event a winner and his or her guest engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, disruptive, inappropriate, illegal or that is intended to annoy, abuse, threaten or harass any other person (or if the Grand Prize Winner and/or his or her guest has in the past engaged in such behavior and that subsequently becomes known to Sponsor), Sponsor reserves the right to send the Grand Prize Winner home with no further compensation.
23. RELEASE AND INDEMNIFICATION: BY ENTERING THIS SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY AGREE TO DEFEND, INDEMNIFY, RELEASE, INDEMNIFY, AND HOLD HARMLESS SPONSOR, SOCIAL MEDIA COMPANY(IES) AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY "RELEASEES") FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, RIGHTS, CLAIMS, LAWSUITS, PENALTIES, PROCEEDINGS, JUDGMENTS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ENTRY, PARTICIPATION OR IN ABILITY TO PARTICIPATE IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
24. Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any Prize, including any warranty of fitness or merchantability, or representation with respect to the function or operation of the Prize.
25. Releasees shall not be liable for any electronic miscommunications or failures, nor technical hardware or software failures of any kind with respect to the Prize or the Sweepstakes.
26. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
27. Entrant(s) and winner(s) have been given a full opportunity to review and analyze these Ts&Cs and fully and completely understand all of the terms of these Ts&Cs. Entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
28. This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.
Sponsor: POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104, and SHEfinds, having a corporate address of 109 W. 27th Street, 5A, New York, NY 10001.