Earth, Sea & Sky Vacations' $10,000 Dream Vacation Giveaway Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
WINNER WILL BE RESPONSIBLE FOR ALL TAXES, AND WILL BE SENT A 1099-MISC.
1. Eligibility: The Earth, Sea & Sky Vacations' $10,000 Dream Vacation Giveaway (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least twenty-five (25) years old at the time of entry. Employees of Earth, Sea & Sky Vacations Inc., and affiliate companies and suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Sponsor: Earth, Sea & Sky Vacations, Inc. 567 Auto Center Dr, Watsonville, CA 95076 ("Sponsor").
3. Agreement to Official Rules: Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a villa accommodation giveaway (the "Giveaway").
4. Entry Period: The Promotion begins on December 1, 2009 at 12:00 a.m. Pacific Standard Time ("PST") and ends on November 30, 2010 at 11:59 p.m. PST (the "Promotion Period"). Entries received before or after the Entry Period are void.
5. How to Enter: During the Promotion Period, go to www.cabovillas.com/giveaway and fill out the online entry form. Complete and submit the online entry form including a valid home address. You automatically will receive one (1) entry into the Giveaway. All potential winners are subject to verification before any prize will be awarded. Limit: Each participant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. Giveaway: Sponsor's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Sponsor will randomly select the potential Grand Prize winner from all eligible entries received during the Promotion Period on or around December 1, 2010. For the Grand Prize, one (1) potential winner will be chosen from among all entries received up to that date.
7. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL GIVEAWAY WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER PURPORTED EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
8. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Giveaway winner will be notified by email, telephone, or registered mail after the date of random drawing. Potential Grand Prize winner will be required to sign and return to ESSV, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner of the Grand Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the applicable prize will remain unawarded.
9. Prize: Giveaway Prize: ONE (1) GRAND PRIZE: five (5) night accommodations at Villa Joya del Mar in Cabo San Lucas, Mexico for up to ten (10) people; one (1) continental breakfast for up to ten (10) people provided by A Matter of Taste Catering, two (2) 60-minute massages by Suzanne Morel, round-trip ground transfer to villa for up to ten (10) people from Los Cabos International Airport to Villa Joya del Mar by Transcabo, one (1) rental car provided by Avis Los Cabos (Group C, 4 days). The ARV is $10,800. Airfare is not included. The Grand Prize winner must book the trip by September 31, 2011 and complete the trips by December 31, 2011. Trip subject to availability and blackout dates. Travel is subject to the terms and conditions set forth in this Promotion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner and travel companions are solely responsible for obtaining valid passports and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. Winner and travel companions are responsible for any preparation work for travel and must meet trip requirements prior to traveling. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. All prizes are non-transferable and no cash or other equivalent will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize or prize component for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
10. Chances of Winning: Odds of winning the Giveaway Prize depends on the number of eligible entries received during the Promotion Period.
11. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of the prize.
12. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
14. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Giveaway, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than one prize will be awarded.
15. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and clauses of action arising out of, or connected with, the Giveaway shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Santa Cruz County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the law rules (whether of Santa Cruz County, California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Santa Cruz County, California.
