This Sweepstake is sponsored by Visit Indian River (“Company”) and is open only to legal residents of the fifty United States and the District of Columbia, excluding Puerto Rico and all United States Territories and Possessions (“Eligibility Area”) and shall be construed according to, and governed exclusively by, U.S. law. You may not participate in the Sweepstakes unless you meet the eligibility requirements set forth below and are a legal resident physically located in the United States at the time of entry.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND THE COMPANY THAT GOVERNS ENTRY INTO THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.
BY PARTICIPATING IN THE SWEEPSTAKES, YOU ALSO AGREE THAT DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION; TO WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, AND TO RELEASE AND HOLD INSTAGRAM HARMLESS FROM ALL CLAIMS OR CAUSES OF ACTION.
SWEEPSTAKES DESCRIPTION
The Sweepstake begins on May 17th, 2021 at 8:15 a.m. EST and ends on May 31st at 11:59 p.m. EST. (“Sweepstakes Period”). You acknowledge that dates of the Sweepstakes Period are subject to change in the Company’s sole discretion and that the Company is the official timekeeper of the Sweepstakes Period. At the end of the Sweepstakes Period, a one-night stay and $100 gift card will be awarded (“Prize,” as further defined below) to the randomly selected participant. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules (the “Official Rules”) as follows:
ELIGIBILITY
This Promotion is open to any legal resident of the fifty (50) United States and the District of Columbia, excluding the residents of Puerto Rico and all United States Territories and Possessions, who is at least eighteen (18) years of age as of the commencement of the Sweepstakes Period.
NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Individuals who are employees, officers, representatives, or directors of the Company and its respective parents, subsidiaries, affiliates, and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win.
All applicable federal, state, territorial, and local rules apply. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and the Company’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. By participating in this Promotion, each entrant accepts and agrees to these Official Rules as well as the Company’s decisions, all of which are final and binding. The Company reserves the right to disqualify any entrant if the Company determines that the entrant’s participation in the Sweepstakes or receipt of the Prize would violate local law. Entrants may be required to submit proof of their eligibility.
HOW TO ENTER / REQUIRED STEPS
There is only one way to enter the Sweepstakes, which involves a few steps, each of which must be completed before the end of the Sweepstakes Period:
Step One: Follow @visitindianriver and @capthirams (Visit Indian River County and Capt Hirams Resort Instagram Accounts).
Step Two: Like the photo on the Visit Indian River County account announcing the Sweepstakes.
Step Three: Tag 3 friends in the comment section of the Sweepstakes post.
The Company is not responsible for incomplete, improper, misdirected, belated, mistaken, erroneous or incorrect submissions, which may be deemed void. Entries by any method other than those expressly set forth above are void. Each individual may submit additional entries following the above-described steps by tagging 3 new friends in a new comment. Duplicating comments or tags will not result in a new entry and the individual’s initial entry may be deemed ineligible by the Company. Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by the Company of an entry for this Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Company’s reasonable satisfaction, the affected entry will be deemed ineligible.
The Sweepstakes are not sponsored by, endorsed by, affiliated with or administered by, or otherwise associated with, Instagram. YOU HEREBY RELEASE ALL CLAIMS AND CAUSES OF ACTION AGAINST INSTAGRAM, AND AGREE THAT INSTAGRAM IS AN EXPRESS THIRD-PARTY BENEFICIARY OF THIS RELEASE.
WINNER SELECTION AND NOTIFICATION
The Company will select one (1) potential winner from all eligible entries received during the Sweepstakes Period, at random, following the conclusion of the Sweepstakes Period on May 31st, 2021 at 11:59 p.m. EST. The winner will be announced on June 1st, 2021 at approximately 5:00 p.m. EST on the Visit Indian River Instagram Account. The Company shall have no liability for any winner notification that is not received by the potential winner for any reason. If, despite reasonable efforts, the potential winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize (as defined below) or prize notification is returned as unclaimed or undeliverable to the potential winner, the potential winner will forfeit his or her Prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not completed the necessary steps or otherwise complied with these Official Rules, or declines the Prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
AFFIDAVIT OF ELIGIBILITY / TAX FORMS
EACH WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS (INCLUDING INSURANCE AND TRANSPORTATION) ASSOCIATED WITH THE APPLICABLE PRIZE.
The potential winner may be required to fully complete, sign and return within forty-eight (48) hours an affidavit of eligibility, release of liability, and publicity release (collectively, an “Affidavit of Eligibility”) following the time of first attempted notification, except where prohibited by applicable law, as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of any Prize. If a potential winner cannot be contacted; fails to respond within twelve (12) hours of the first notification attempt; fails or refuses to timely fully complete, sign and return the Affidavit of Eligibility; fails to provide any requested information within the required time period; or the Prize or notification is returned as undeliverable, the potential winner forfeits the Prize, except where prohibited by applicable law. If for any reason the potential winner is disqualified, found to be eligible, or does not comply with the Official Rules, then the potential winner may be disqualified, and the Prize may be awarded to an alternate winner, selected by random drawing from among remaining eligible entries, even if the disqualified potential winner may have been publicly announced. Only two (2) alternate drawings will be held, after which the Prize will remain un-awarded. Failure to comply with any term or condition in these Official Rules may result in disqualification at the Company’s sole discretion. Potential winner(s) may waive their right to receive a Prize, in which case an alternate winner may be selected in the manner described above
DESCRIPTION OF PRIZE / RANDOM DRAWING / ODDS OF WINNING
Prize: One-night stay at Capt Hirams Resort and a $100 Giftcard to use during the winner’s stay. “One-night stay” defined by Capt Hirams Resort; and both the room type and dates are subject to change at the discretion of Capt Hirams Resort.
The winner will receive one Prize, which has an approximate retail value between three-hundred and four-hundred dollars ($400-$500). Approximate retail value subject to change due to hotel rates and room availability during date-of-stay agreed upon by Capt Hirams Resort.
GENERAL PRIZE CONDITIONS
The Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. The Company reserves the right, in its sole discretion, to substitute and/or modify the Prize with a prize of comparable or greater retail value, at its sole discretion. Only one (1) Prize is permitted per person and per family or household. The Company is responsible only for providing the Prize. The Company is not responsible for delivering the Prize to the winner, nor is the Company responsible for the Prize’s utility, quality or otherwise.
GRANT OF PUBLICITY
By participating in this Sweepstakes, you agree to permit the Company and its agents and designees to use your name, account handle(s), including Instagram account handle, entry, city and state/hometown address, phone number, voice, statement, image and/or other likeness (“Name and Likeness”) for advertising, publicity and promotional purposes (and for posting a winner’s list online), in any manner, in any and all media, now or hereafter developed, including, but not limited to, on the Company’s website and social media pages, in perpetuity, worldwide without further consideration (unless prohibited by law) or permission from, or notification to, you, and you further agree to execute any specific consent needed or requested by the Company or its designees in furtherance of such use.
By participating in this Sweepstakes, you agree to share email information with the Company and its agents, and designees. The email information will be used to be included in a subscription to the Company and its agents and designees email database. Subscription not required to enter Sweepstakes and you may unsubscribe at any time.
The email database used by the Company is managed by Mailchimp.
*The terms “Designee” and “Agents” also include the business(s) that provide prizes for Sweepstakes or Giveaways.
GENERAL LIABILITY RELEASE / FORCE MAJEURE
Acceptance of the Prize constitutes the winner’s permission for the Company to use the winner’s Name and Likeness. By participating in the Sweepstakes or accepting the Prize, the winner hereby releases, discharges and covenants not to sue the Company, and any of its affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities, including but not limited all members of Visit Indian River County and Instagram (collectively, “Released Parties”), with respect to any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorneys’ fees (“Claims”) that the winner or anyone on the winner’s behalf (including, but not limited to, the winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to the winner’s participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize).
The winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorneys’ fees, that the winner or anyone on the winner’s behalf (including, but not limited to, the winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to the winner’s participation in the Sweepstakes, use of the Prize, or for the winner’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form (including gross negligence) of the Released Parties. The Released Parties assume no responsibility for any damage to the winner’s or any other person’s social media account(s), computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
Without limiting the generality of the foregoing, the Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
The Company reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Company further reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The Company reserves the right to modify, extend, suspend or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond the Company’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.
In the event that the Company is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, pandemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., COVID-19), order of any court or jurisdiction, or other cause not reasonably within the Company’s control (each a “Force Majeure” event or occurrence), then the Company shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes are terminated before its designated end date, the Company will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Any such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by the Company’s duly authorized representative. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Company related to the Sweepstakes. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
GOVERNING LAW / JURISDICTION
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE COMPANY IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.
ARBITRATION PROVISION
By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against the Company relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (“Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or the Company’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or the Company. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
USE OF DATA
the Company will be collecting personal data from and about the entrants online in accordance with the GRANT OF PUBLICITY section of this document. By participating in the Sweepstakes, entrants hereby agree to the Company’s collection and usage of their personal information and acknowledge that they have read the GRANT OF PUBLICITY section of this document. The Sweepstakes winner announcement (June 1st, 2021) will be the only time any data will be used, posted, shared, or displayed. After the announcement, the Company will keep a record of entrants for thirty (30) days after the end of the Sweepstakes Period and then the record(s) will be disposed of.
Winner’s List / Official Rules
To obtain any legally-required winner’s list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: Indian River County Chamber of Commerce 1216 21st Street Vero Beach, FL 32960. The request must be received within thirty (30) days after the winner for the Sweepstakes is chosen.
SPONSORSHIP DISCLAIMER
The Sweepstakes are, in no way, sponsored, by, endorsed by, affiliated with or administered by, or otherwise associated with, Instagram, Facebook, Inc.
