“Everything But Sand” Sweepstakes OFFICIAL RULES
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Everything But Sand (“Sweepstakes”) is open and offered only to legal residents of the contiguous continental United States (excluding RI), Puerto Rico, and St. Thomas (USVI), who are 21 years of age and older at the time of entry. Entries must be complete to be eligible. Employees and directors of Margaritaville Enterprises, LLC (“Sponsor”), Wyndham Vacation Resorts, Inc., and their respective parents, subsidiaries, affiliated companies, advertising, promotion, or production agencies, web masters and web suppliers (and the IRS dependents, immediate family members and individuals residing in the same household as any of the foregoing persons) are not eligible to participate. Void where prohibited, in RI, AK & HI, and everywhere else outside the specific eligible areas listed above. All applicable federal, state and local laws apply. By participating, you agree to be bound by these Official Rules (“Rules”).
2. Entry Period: November 1, 2015, at 12:00:01 a.m. ET through December 10, 2015, at 11:59:59 p.m. ET (the “Sweepstakes Period”)
3. HOW TO ENTER: Visit www.margaritavillevacationclub.com (the “Site”) and follow the on-screen instructions to submit the required information to complete an entry.
Entry may also be available via paper or electronic entry forms at Sponsor-selected locations during the Sweepstakes Period. Limit one (1) entry per person, per email address, per day, regardless of method of entry. Subsequent attempts on any one day to submit an entry from the same person and/or email address are void. You may not enter with multiple email addresses or any other means to submit multiple entries. Anyone who does so, or attempts to do so, may be disqualified. Proof of submission is not proof of receipt. Sponsor’s database computer is the official timekeeping device for the Sweepstakes. Entries will not be acknowledged or returned. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the email account of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
You may be given the opportunity to choose to be contacted by and to receive promotional messages from the Sponsor and about Margaritaville Vacation Club by Wyndham. Your election to do so is optional and will not affect your chances of winning.
Entries will not be acknowledged or returned. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. All entries must be submitted by manual completion of the applicable entry method. Any use of macro, automatic, programmed, robotic, or like entry methods will void all such entries by such methods, and entrants using such methods will be disqualified.
4. Selection and Notification of Winners:
SELECTION OF WEEKLY WINNERS: A series of 6 separate weekly drawings will be held, one on each Thursday during the Sweepstakes Period, starting on November 5, 2015, and ending on December 10, 2015. A week is defined as beginning at 12:00:01 a.m. ET on a Thursday, and ending at 11:59:59 p.m. ET on the following Wednesday, except that the first week of the sweepstakes begins on Sunday, November 1, 2015, and ends on Thursday, November 5, 2015. All non-winning entries in each weekly drawing remain eligible for any subsequent weekly drawing(s). Each valid entry also is eligible for the Final Drawing for the Grand Prize.
SELECTION OF GRAND PRIZE WINNER: The Final Drawing will be held on or about December 11, 2015, from among all eligible entries received throughout the entire Sweepstakes Period, to award the one (1) Grand Prize listed below. Winners of the weekly prizes described in the preceding section are eligible to also win the Grand Prize.
Winners will be selected by random electronic drawings. Potential winners in each drawing will be notified by telephone and/or email using the contact information provided at the time of entry. Failure to respond to any winner notification within three (3) days may result in disqualification and selection of an alternate winner. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release. Failure to comply when requested may result in disqualification and selection of an alternate winner, time permitting.
5. Prizes/Odds: The following prize(s) are available:
Six (6) Weekly Prizes (one for each weekly drawing): A $100 Margaritaville gift card for each weekly drawing. Weekly drawings are scheduled to occur on or about the following dates: November 5, 12, 19, & 26, 2015; December 3 & 10, 2015.
One Grand Prize is available: A Margaritaville-themed Party and a Gift Package. The Party will be an indoor event between the hours of 7:00 pm and 10:00 pm lasting for approximately 3 hours for you and up to 10 friends. Food, entertainment, and decorations will be provided (up to a maximum of US$1,500). The Party must take place before January 31, 2016. The Gift Package consists of: One (1) Margaritaville Key West Frozen Concoction Maker, two (2) Margaritaville Outdoor Adirondack Chairs, two (2) bottles of non-alcoholic drink mixers, three (3) 12 ounce packages of Margaritaville foods coffee, two (2) packages of margarita salt, one (1) Margaritaville guitar poker set, one (1) $150 Margaritaville gift card, one (1) Margaritaville cooler, one (1) Margaritaville parrot bottle opener, one (1) Margaritaville guitar cheese board, one (1) set of 4 Margaritaville St. Somewhere coasters, one (1) set of 4 Margaritaville margarita glasses, one (1) Margaritaville surfing parrot server, one (1) set of 4 Margaritaville Hula Girl dinner plates and salad plates, one (1) set of 12 Margaritaville St. Somewhere appetizer plates, one (1) Margaritaville island life tray, one (1) Margaritaville parrot serving bowl, one (1) Margaritaville 20 piece bamboo flatware set, two (2) Margaritaville pool towels, one (1) Margaritaville beach blanket, one (1) Margaritaville beach ball, two (2) Margaritaville folding chairs, one (1) set of 4 Margaritaville coconut glasses, one (1) set of 4 Margaritaville pineapple glasses, one (1) MTX Margaritaville concert caddy, one (1) set of MTX Margaritaville sport buds, three (3) Jimmy Buffett CDs, two (2) Margaritaville blender cups, and two (2) 24 ounce Tervis tumblers (US$3,500). Total Grand Prize ARV: $5,000.00.
Grand Prize Conditions. Winner of the Grand Prize will be solely responsible for providing a location for the Party suitable to Margaritaville in its sole discretion and winner must also obtain any necessary permits or licenses for the Party. Winner also understands and agrees that Sponsor will not provide any alcohol beverages, and each of winner’s guests at the Party will be required to sign a general release waiving claims for personal injury or damages of any kind, as well as agreeing, to the extent permitted by law, to be photographed and recorded during the Party, which can also be used by Sponsor. Sponsor is not responsible for any inability of the party to run as planned due to causes beyond its reasonable control. By participating in this Sweepstakes, you agree to release Sponsor and its directors, officers, employees and agents from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death and property damage, theft or loss suffered or resulting from participation in this Sweepstakes or the use or acceptance or use of any prize. The payment of any and all local, state and federal taxes, if any, related to the Grand Prize is the sole responsibility of the winner.
Any guest at the Party engaging in any inappropriate, illegal, or unsafe conduct, as determined by Sponsor, may be required to leave the premises; failure to comply may result in termination of the Party.
General Prize Conditions. Winners are responsible for any taxes due as a result of the receipt or acceptance of any prize. Any potential winner who is a U.S. taxpayer must provide Sponsor with his/her social security number for tax purposes. IRS Form 1099s will be issued in the name of each winner who is a U.S. taxpayer for the value of the prize received. Prize is non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute prize or a portion of the prize for one of equal or greater value if the advertised prize or a portion of the advertised prize becomes unavailable. All dates are subject to availability. No responsibility is assumed for events beyond Sponsor's control.
Odds of Winning. Odds of winning in any weekly drawing depend on the aggregate number of entries received from the beginning of the Sweepstakes Period until the entry deadline for that drawing; odds of winning in the Final Drawing depend on the total number of eligible entries received throughout the entire Sweepstakes Period.
6. Conditions Of Participation/Release of Liability: By entering, you agree that: (a) Sponsor and Wyndham Vacation Resorts, Inc. and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective officers, directors, employees, shareholders, representatives, licensors, licensees, distributors, and retailers and agents, (collectively the "Released Parties") will have no liability whatsoever for, any you hereby release and hold harmless the Released Parties from and against, any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of or inability to use any prize or from participation or inability to participate in this Sweepstakes, and under no circumstances, including negligence, shall any of the Released Parties be liable for any direct, indirect, incidental, special or consequential damages resulting from participation in the Sweepstakes or acceptance, use or misuse of any prize, (b) Released Parties will have no liability whatsoever for failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control, (c) except where legally prohibited, each winner grants (and agrees to confirm that grant in writing) permission for the Released Parties and those acting under their authority to use his/her name, Facebook profile picture, photograph, voice, statements and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide, including, without limitation, on the World Wide Web, without notice, review or approval, (d) if any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Rules, such prize will be forfeited and an alternate winner may be selected at Sponsor's discretion, and (e) noncompliance with any provision of these Official Rules may result in disqualification and awarding of prize to an alternate winner as determined in the sole discretion of the Sponsor.
7. General: Persons who tamper with or abuse any aspect of the Sweepstakes or any website, as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such person’s eligibility. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at their sole discretion to suspend, modify or terminate the Sweepstakes, and to select the winners from among eligible entries received that are not affected by the problem or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use of any technology used in connection with this Sweepstakes.
8. Additional Rules: By entering the Sweepstakes you agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (d) these Rules and all disputes shall be governed by the internal laws of the state of Florida, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the state or federal courts in the state of Florida and you expressly consent to the jurisdiction of said courts and waive any objection thereto.
9. Official Rules and Winners List: For an additional copy of these Rules, or the names of the Winners, available after December 11, 2015, send a self-addressed stamped envelope to: “Everything But Sand,” Margaritaville Enterprises, LLC, 6900 Turkey Lake Rd., Ste 200, Orlando, FL 32819. Requests must be received by December 31, 2015. Non-U.S. residents may omit return postage.
10. Sponsor: Margaritaville Enterprises, LLC, 6900 Turkey Lake Rd., Ste 200, Orlando, FL 32819.
11. Administrator: Bubbleup, 719 Sawdust Road, Suite 104, The Woodlands, TX 77380