Club Exploria – 10k Vacation Your Way – Win a cash prize of Ten Thousand US dollars (USD $10000.00) (the “Prize”).
2020 $10K Vacation Your Way Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES (the “Sweepstakes”) IS SUBJECT TO FEDERAL, STATE, AND LOCAL REGULATIONS AND LAWS AND VOID WHEREVER PROHIBITED OR RESTRICTED. THESE OFFICIAL SWEEPSTAKES RULES (“Rules”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY AND PARTICIPATION IN THE SWEEPSTAKES.
SPONSOR.This Sweepstakes is sponsored by Club Exploria, LLC. (“Sponsor”). Sponsor may be contacted at 25 Town Center Boulevard, Clermont, Florida 34714.
SWEEPSTAKES PERIOD.The Sweepstakes begins on January 6, 2020 at 9:00 a.m. EST and ends on December 31, 2020 at 5:00 p.m. ET (the “Sweepstakes Period”). All Entries (as defined in Section 4 below) must be received during the Sweepstakes Period. The Sponsor’s computer (or that of its designee for this Sweepstakes) is the official time-keeping device for online Entry into the Sweepstakes. For purposes of these Rules, all times and days are Eastern Time.
ELIGIBILITY.The Sweepstakes is open to all legal residents of the Fifty (50) United States of America, including the District of Columbia, Canada, excluding the Province of Quebec, and Puerto Rico, who are 25 years of age or older as of the beginning of the Sweepstakes Period. Each person submitting an Entry in this Sweepstakes is an “Entrant”. Participation in this Sweepstakes constitutes each Entrant’s full and unconditional representation of their age, as well as acceptance of these Rules and consent to be contacted by Sponsor or its affiliates by email or telephone. Employees of Sponsor, its parent, subsidiaries, affiliates, and all advertising agencies, printers, promotional agencies and families of each involved in this Sweepstakes are not eligible to participate or win. Winner agrees to visit closest Exploria Resorts branded property to accept the Prize.
HOW TO ENTER.Each Entrant may enter the Sweepstakes during the Sweepstakes Period by: 1) visiting www.exploria.com/VacationYourWaySweepstakes (the “Site”), following the on-screen Entry instructions and submitting all requested information, such as name, email address, postal address, and telephone number; by 2) completing an Enter to Win form at any offering location; or by (3) mailing a 3″x5″ card containing the following information: your name and address including city, state and ZIP code, home telephone number, business telephone number and email address (if applicable) through the U.S. Mail to “$10K Vacation Your Way Sweepstakes”, 25 Town Center Boulevard. Suite C, Clermont, Florida 34741. An “Entry” shall mean and refer to each entry submitted to Sponsor via the Site, any location, or by U.S. Mail that provides all required information. Only one (1) Entry per person and per email account will be eligible. Sponsor is not responsible for lost, late, illegible, incomplete, mutilated, undelivered, or misdirected Entries. Upon submission, all Entries shall become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor may take whatever actions it deems necessary or appropriate in its sole discretion to protect the Sponsor and the operation of the Sweepstakes, including without limitation removing or disqualifying any Entrant or Entry. Any Entry that does not meet all Entry requirements may, upon discovery by Sponsor, and in Sponsor’s sole discretion, be subject to disqualification. You may not submit identical or substantially similar Entries more than once during the Sweepstakes Period or use any robotic, automatic, macro, programmed, or like methods to enter the Sweepstakes. No changes may be made to an Entry once it has been submitted. Sponsor does not assume responsibility for lost, late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable Entries; any computer, telephone, cable, network, satellite, server, service provider, electronic or internet hardware or software malfunctions, failures, connections, or availability; garbled or jumbled files or transmissions; service provider, internet, website (including the Site), or software inaccessibility or unavailability; internet traffic congestion; or unauthorized intervention. Sponsor is not responsible for any typographical or other errors or inaccuracies in connection with the Sweepstakes. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor.
WARRANTIES AND CONSENTS.By completing and submitting an Entry, Entrant represents and warrants that (i) Entrant has read, and agrees to be bound by these Rules, (ii) based on the Rules, Entrant is eligible to participate in the Sweepstakes, (iii) all of the information provided as part of Entrant’s Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law.
ODDS.The odds of becoming a Winner (as defined in Section 8) depend on the number of Entries received.
PRIZE DETAILS.One (1) Entrant (the “Winner”) will receive a cash prize of Ten Thousand U.S. dollars (USD $10,000.00) (the “Prize”).
WINNER SELECTION.The Winner will be selected in a random drawing on or about January 15, 2021 from among all eligible Entries received by the Sponsor.
WINNER NOTIFICATION.The Winner will be notified within seven (7) days following the Winner selection. The Winner will be notified via telephone and/or email and will be given instructions on how to claim a prize. Three (3) attempts will be made to contact the Winner within a five (5) business day period. If the Winner fails to respond within such five (5) business day period, or if an e-mail attempt is consistently returned as undeliverable, or if a selected Winner cannot accept or receive a prize for any reason, or if he or she is not in compliance with these Rules, the Prize will be forfeited and an alternate Winner may be selected at Sponsor’s discretion. The Winner has five (5) business days after acceptance to take delivery of the Prize. Additionally, each Winner will be required to sign and return an Affidavit and Release Form (where legal and applicable) in accordance with Section 11 below. If an Entry of a Canadian resident is selected as a potential Winner, each such Entrant must also correctly answer within a five (5) minute time period a mathematical skill-testing question without the benefit of any calculating devices before the Prize will be awarded.
AFFIDAVIT OF ELIGIBILITY.Each Winner will be required to execute and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted and applicable) within ten (10) business days of notification. By completing, signing and returning the Affidavit, each Winner (i) releases and forever discharges Sponsor, its direct and indirect parents and affiliates and subsidiaries, and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising out of participation in this Sweepstakes or to arise by use of any prize; (ii) confirms compliance with these Rules; and, (iii) gives permission to Sponsor, at its option, to publish or otherwise use such Winner’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by Sponsor or its respective advertising agencies, except where prohibited by law.
AWARDING OF PRIZES.The Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for credit. The Prize must be accepted as awarded. The Prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute the Prize (or a component thereof) with another prize (or component thereof) of equal or greater value if the Prize is not available for any reason as determined by Sponsor in its sole discretion. The Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Prize redemption, receipt and use, including, without limitation, all federal, state and local taxes on the Prize. The Prize will be awarded only upon successful verification that all Sweepstakes requirements have been met, including, eligibility, age and other claims of information provided by the potential Winner. The Winner must take delivery of the Prize within thirty (30) days from the time the award notification was sent by Sponsor.
TAXES.The value of the prize will be taxable to each Winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of the prize not specifically provided for in these Rules are solely the Winner’ responsibility. The Winner is solely responsible for reporting and paying any and all applicable taxes. If the Winner is a resident of the United States, such Winner will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS and such Winner shall be required to provide Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any prize will be awarded. Each Entrant must contact his/her own tax advisor for any questions concerning taxes.
PUBLICITY.Except where prohibited by law, participation in the Sweepstakes constitutes the Winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) to use Winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
INDEMNIFICATION.By entering the Sweepstakes, each Entrant agrees to forever release, indemnify and hold harmless Sponsor, Sponsor’s direct and indirect parent companies, managing agents, subsidiaries and affiliates, and their related parties, and each of the foregoing entities’ respective officers, directors, employees, representatives and agents of each (collectively, the “Released Parties”) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF THE PRIZE, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH THE PRIZE, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Each Entrant further covenants not to sue Sponsor or any of the other Released Parties and hereby acknowledge that neither Sponsor nor any Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or any prize.
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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in the Internet, phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Sweepstakes or receipt or use or misuse of the Prize; or (6) undeliverable emails. 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 Sweepstakes at the discretion of the Sponsor.
TERMINATION; MODIFICATION.In the event Sponsor is prevented from continuing with the Sweepstakes as a result of lack of feasibility of the Sweepstakes, compromised integrity of the Sweepstakes, infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond Sponsor’s control, Sponsor may, within its sole discretion, cancel, terminate, modify, or suspend the Sweepstakes. If Sponsor elects to abbreviate the Sweepstakes as a result of such an event, Sponsor may award the prizes from among all valid and eligible Entries received up to the time of such event. In no event will more prizes be awarded than stated in these Rules.
GENERAL CONDITIONS.Any individual found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner, at Sponsor’s sole discretion, may be disqualified and 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 Rules shall not constitute a waiver of that provision.
PROOF OF ENTRY. Proof of submitting Entries will not be deemed to be proof of receipt by Sponsor.
WINNER’ LIST.For a list of the Winner’s name (available after the Sweepstakes ends) and/or a copy of these Rules, send a hand-printed, self-addressed, stamped envelope to Sponsor at the address listed above within thirty (30) days after the Sweepstakes ends.
APPLICABLE LAW AND JURISDICTION.The Sweepstakes is subject to all applicable federal, state, local, municipal and provincial laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Florida, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Florida. Should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorney’s fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
22. MARKETING BY SPONSOR. By entering the Sweepstakes, each Entrant individually agrees: (i) to receive electronic mail periodically from Released Parties. You can opt-out of receiving this communication at any time by clicking on the unsubscribe opt opt-out link; and (ii) that, notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages), by providing personal contact information, including telephone number, provides Released Parties indisputable written permission to contact Entrant at the telephone number, by mail, or at the electronic address provided by Entrant, using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Entrant understand that this permission overrides any listing on any state or federal Do Not Call list and any prior listing on the Sponsor’s Do Not Call list. Entrants can opt out of future calls at any time by requesting to be placed on the Do Not Call list of Sponsor by calling 866-645-4311.