Planet Hollywood – Birthday Like A Star Sweepstakes

Planet Hollywood Costa Rica
Birthday Like A Star
Official Rules and Regulations
#BirthdayLikeAStar (the “Sweepstakes”)
Official Rules and Regulations (the “Sweepstakes Rules”)
1. ELIGIBILITY
The Sweepstakes is open to legal residents of United States, Mexico and Canada, excluding residents of
the Province of Quebec, who, as at the start of the Sweepstakes Period, have reached the age of majority
in their province, territory, or state of residence. This Sweepstakes is not open to employees, officers,
directors, independent contractors, judges, representatives and agents of Blue Diamond Resorts and its
affiliates and licensors (“Blue Diamond Resorts”) or their respective advertising and promotional
agencies, dealers, prize suppliers, as well as those with whom any of the foregoing are domiciled
(whether legally related or not).
2. THE SWEEPSTAKES PERIOD
The Sweepstakes entry period commences at 9 a.m. ET on Wednesday, October 16, 2019 and concludes
at 11:59 p.m. ET on Sunday, November 17, 2019 (the “Sweepstakes Period”).
3. HOW TO ENTER
NO PURCHASE NECESSARY. During the Sweepstakes Period, visit Instagram, Facebook or Twitter
(the “Website”) and share a social media post of yourself dressing up in your best movie or television
character on Instagram, Facebook or Twitter while using the hashtags #PlanetHollywoodCostaRica and
#BirthdayLikeAStar in the caption.
By submitting an entry, entrants agree to be bound by these official Sweepstakes Rules, which are subject
to change in Blue Diamond Resorts’ sole discretion.
4. THE PRIZE
There is one (1) prize (“Prize”) to be won. The Prize consists of hotel accommodation for two adults and
2 children or 3 adults and 1 child which shall include the following:
Round trip airfare, based on economy class, for either two (2) adults and two (2) children or
three (3) adults and (1) child that costs no more than $1000 per flight per person to Liberia,
Costa Rica. (“Destination”).
Four (4) nights’ standard accommodation for two adults and two children or three adults and
1 child] (based on quadruple occupancy, base room category) at Planet Hollywood Costa
Rica
all hotel taxes and processing fees;
land airport-hotel transfers in the destination; and
all-inclusive meal and beverage plan while at Planet Hollywood Costa Rica
The approximate retail value of the Prize is $6000 CDN, $88,826 Pesos or $ 4500 US.
5. PRIZE CONDITIONS
Travel must be completed by November 20th, 2020 (the “Travel Period”). Travel is subject to availability
and must be requested a minimum of four (4) weeks prior to the requested departure date. Blackout
periods apply, including without limitation: February 17, 2020, March 8-14, 2020, March 16-20, 2020,
April 12-18, 2020, November 26, 2020, December 22-January 2, 2020. If the Prize winner is unable to
travel during the Travel Period, he or she will be required to forfeit the Prize and an alternate winner may
be selected in Blue Diamond Resorts’ sole discretion, pursuant to Section 7 herein. Travel arrangements
must be made according to instructions given to the Prize winner to be sent by email. Once reservations
are made, they cannot be changed. All reservations are subject to the terms and conditions located on our
website located at https://www.planethollywoodhotels.com/property/costa-rica. Other restrictions may
apply, please contact Planet Hollywood Costa Rica for more information.
The Prize winner and his or her guests must travel together on the same itinerary. The Prize winner and
his or her guests must be in possession of a valid passport and other necessary travel documents upon
selection, which documents must be valid prior to, and for the duration of the trip. Failure to obtain
necessary travel documentation will result in forfeiture of the Prize.
The Prize winner and his or her guest are solely responsible for all incidental costs and expenses not
specifically referred to herein as part of the Prize description, including but not limited to, air fare, ground
transportation not specifically mentioned above (including transportation to and from the Prize winner’s
home), airport improvement fees, travel insurance, medical insurance, trip cancellation insurance,
connector flights, sightseeing tours and other in destination activities, tips, taxes (including, but not
limited to, departure taxes, air seat/airline taxes and applicable federal, provincial, municipal, state and/or
local taxes on the Prize), travel-related fees/surcharges, excess baggage fees, costs associated with
obtaining travel documents, visas, or necessary vaccinations, or items of a personal nature, additional
meals, room upgrade, gratuities, in-room movies, any medical service or treatment that may be required
by the Prize winner or any other service or expense that may arise from any known or unknown
circumstances to the Prize winner (collectively, the “Expenses”). The Prize winner and his or her guest
shall not seek reimbursement for the Expenses from Blue Diamond Resorts.
Any lost or stolen tickets, travel vouchers or certificates will not be replaced. Blue Diamond Resorts
reserves the right to structure travel routes and select hotels in its sole discretion. No refund or
compensation will be made in the event of the cancellation or delay of any flight except at the sole
discretion of Blue Diamond Resorts.
If the Prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeited.
Elements of the Prize (including, without limitation lodging) may not be used towards frequent flyer
miles or other loyalty programs.
The Prize winner and his or her guest must comply with all applicable laws, including but not limited to,
all local laws while in destination.
6. PRIZE SUBSTITUTION
The Prize, and any portion thereof, is non-exchangeable, non-transferable, non-refundable, has no cash
surrender value and must be accepted as awarded with no substitutions, except as may be decided by Blue
Diamond Resorts in its sole discretion. Blue Diamond Resorts reserves the right, in its sole discretion, to
substitute and/or modify the Prize or any portion thereof, with a Prize of equal or greater value for any
reason.
7. WINNER SELECTION
On Monday, November 18th, 10 a.m. EST (“Winner Selection Date”) at Playa Manzanillo Bahia Culebra
Guanacaste Peninsula Papagayo, Costa Rica, one (1) eligible entrant will be randomly selected as the
potential winner of the Prize and Blue Diamond Resorts will make an announcement on Planet
Hollywood Costa Rica’s Facebook and Instagram page on Wednesday, November 20th, 10 a.m. EST.
Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period.
The selected entrant will be contacted by a representative of Blue Diamond Resorts within twenty-four
(24) hours of the Winner Selection Date by private message on the social media platform they submitted
their post. Blue Diamond Resorts is not responsible for false, incorrect, changed, incomplete or illegible
contact information. Notification is deemed to have occurred immediately upon sending of a private
message on social media.
If the selected entrant is unable to be contacted within two (2) days of the Winner Selection Date, declines
to accept the Prize or is found to be ineligible, his or her rights to the Prize shall be forfeited and another
eligible entrant may be selected in Blue Diamond Resorts sole discretion and pursuant to Section 7 herein.
In the event of a dispute as to the identity of a winner based on an email address, the winning entry will
be deemed to be made by the authorized account holder of the email address at the time of entry. The
authorized account holder is the natural person who is assigned an email address by an Internet service
provider or other organization responsible for assigning email addresses for the domain associated with
the email address in question.
8. DECLARATION AND RELEASE OF THE PRIZE WINNER
Before being awarded the Prize:
(a) the selected entrant and his or her guests must each sign and return to Blue Diamond
Resorts’ a standard form Declaration and Release (the “Release Form”) confirming
compliance with the Sweepstakes Rules, acceptance of the Prize as awarded and
releasing Blue Diamond Resorts, its affiliates and each of their respective officers,
directors, employees, representatives and agents from all liability arising in connection
with the Sweepstakes and the Prize. The Release Form will be emailed to the selected
entrant at the email address to be provided by the selected entrant. The selected entrant is
responsible for obtaining and returning signed copies of the Release Form from his or her
guests. In the event the selected entrant’s guest is a minor, the parent or legal guardian of
the minor must sign the Release Form on behalf of the minor. If the selected entrant is
not the parent or legal guardian of the minor, the parent or legal guardian of the minor
must consent to the designated accompanying adult in taking part in the Prize.
In the event that the selected entrant does not return the signed Release Form as instructed by Blue
Diamond Resorts and within two (2) days of receipt of such Release Form, or otherwise does not meet all
Sweepstakes Rules, the selected entrant will be disqualified and the Prize will be forfeited. Blue Diamond
Resorts will then award the Prize (subject to these Sweepstakes Rules) to another selected entrant selected
from the remaining entries, at its sole discretion.
9. OWNERSHIP OF ENTRIES AND PUBLICITY RELEASE
Entrant retains the copyright in the Materials (as defined below) submitted with his or her entry. Except
where prohibited by law, by entering the Sweepstakes, each entrant, regardless of whether or not he or she
is selected as the Prize winner, grants to Blue Diamond Resorts and its advertising and promotional
agencies, and each of their respective affiliates and subsidiaries, an exclusive, perpetual, irrevocable,
royalty-free, worldwide license to display, disclose, produce, reproduce, publish and/or republish,
broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based
upon, use and/or reuse, sublicense entrant’s Materials or any portion thereof, and otherwise exploit the
entrant’s entry and any other information and material provided by entrant at any time (including, but not
limited to, the entrant’s name, city of residence and province, voice, likeness, photograph and likeness of
entrant, image or any other aspect of entrant’s personality, photographs, images, video, biography,
statements, story and endorsements) (collectively “Materials”), in whole or in part, individually or in
conjunction with other items for the purpose of this Sweepstakes or any other purpose (including, but not
limited to, entertainment, instruction/education, advertising, marketing, promotional and/or publicity
purposes), throughout the world, in any manner, form, media or technology now known or hereafter
devised (including, but not limited to, print, video, television, social media, internet and broadcast). The
entrant hereby waives any right to inspect or approve any advertising copy or other material which may
be used in conjunction with the entry and any moral rights entrant may have in or in respect thereof. Blue
Diamond Resorts will have no obligation to publish or use or retain any Materials entrant submits or to
return any Materials to entrant. Entrant agrees that it is his or her sole responsibility to obtain all
permissions and releases necessary for the grant of the rights contained in this Section. Entrant agrees to
take, at Blue Diamond Resorts expense, any further action (including, without limitation, execution of
affidavits, licenses, and other documents) reasonably requested by Blue Diamond Resorts to effect,
perfect, or confirm Blue Diamond Resorts’ rights set forth above in this Section. Entrant will not be
entitled to compensation for any use by Blue Diamond Resorts, or its agents, licensees or assignees, of
entrant’s Materials.
10. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION AND TO
RECEIVE ELECTRONIC MESSAGES
By entering the Sweepstakes, the entrant consents to the collection, use and disclosure of his or her
personal information by Blue Diamond Resorts for the purpose of administering the Sweepstakes,
awarding the Prize and announcing the Prize winner, as applicable, and any subsequent advertising or
promotion related thereto. The entrant further consents to receive electronic messages from Blue
Diamond Resorts regarding its products, services, special events, surveys, Sweepstakess, offers,
promotions or any other marketing material. The entrant may unsubscribe or withdraw consent at any
time by clicking the unsubscribe link at the bottom of Blue Diamond Resorts’ email communications.
Personal Information collected in connection with this Sweepstakes will be used by Blue Diamond
Resorts in accordance with Blue Diamond Resorts’ privacy policy available at
https://www.bluediamondresorts.com/privacy-policy.
11. REPRESENTATIONS AND WARRANTIES OF ENTRANT
Entrant represents and warrants:
(a) that if Materials are submitted with his or entry, such Materials:
i. are his or her own original work;
ii. do not contain material or images that is obscene, inappropriate, offensive, or
defamatory;
iii. do not violate or infringe upon the copyrights, trademarks, rights of privacy,
publicity or other rights of any person or entity;
iv. do not contain malicious code, such as viruses, timebombs, cancelbots, worms,
Trojan horses or other potentially harmful programs or other material or
information;
v. do not and will not violate any applicable law, statute, ordinance, rule or
regulation; and
vi. do not trigger any reporting or royalty obligation to any third party;
(b) that he or she has the right to grant the rights granted to Sunwing herein or, alternatively,
entrant has obtained all necessary rights and permissions to use and submit the Materials
in connection with the Sweepstakes and to provide all the rights specified in these
Sweepstakes Rules; and
(c) that the rights that entrant is granting under these Sweepstakes Rules do not conflict in
any way with any other agreement to which he or she is a party, or with any
commitments, restrictions, or obligations that he or she is under to any other person or
entity.
12. REPRESENTATIONS AND WARRANTIES OF BLUE DIAMOND RESORTS.
The Prize winner accepts the Prize “as is”. Blue Diamond Resorts does not make any representations nor
offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection
with the Sweepstakes. The Prize winner understands and acknowledges that he or she may not seek
reimbursement or pursue any legal or equitable remedy from Blue Diamond Resorts should the Prize fail
to be fit for its purpose or is in any way unsatisfactory to the Prize winner.
13. SUSPENSION/TERMINATION/MODIFICATION AND TAMPERING
Subject to applicable law, Blue Diamond Resorts reserves the right to cancel, suspend, terminate and/or
modify the Sweepstakes Rules or administration of the Sweepstakes, in whole or in part, without prior
notice with no obligation or liability, including, if for any reason, the Sweepstakes is not capable of
running as planned, whether due to technical failure, tampering, fraud, corruption of security or other
causes beyond the control of Blue Diamond Resorts.
Blue Diamond Resorts further reserves the right to disqualify, from this Sweepstakes and future
Sweepstakess of Blue Diamond Resorts, any individual who tampers with or in any way corrupts the
entry process. Blue Diamond Resorts may prohibit an entrant from participating in the Sweepstakes,
future Sweepstakess of Blue Diamond Resorts and/or winning a prize if, in Blue Diamond Resorts’ sole
discretion, Blue Diamond Resorts determines that said entrant is attempting to undermine the legitimate
operation of the Sweepstakes by cheating, hacking, deception, or any unlawful or unfair playing practices
relating to the Sweepstakes (including but not limited to the use of automated quick entry programs),
prize, or intending to annoy, abuse, threaten or harass any other entrants or Blue Diamond Resorts
representatives.
Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the
legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and should such an
attempt be made, Blue Diamond Resorts reserves the right to seek remedies and damages (including
lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law,
including criminal prosecution.
14. INDEMNITY AND LIABILITY
By participating in the Sweepstakes, the entrant agrees that Blue Diamond Resorts shall have no liability
and agrees to release, indemnify and hold harmless Blue Diamond Resorts and its affiliates, subsidiaries,
advertising and promotional agencies, dealers, prize suppliers and each of their respective agents,
representatives, officers, directors, shareholders, and employees from and against any injuries, losses,
damages, claims, actions, demands, suits, proceedings, costs, expenses, including without limitation any
legal fees and any liability of any kind resulting from or arising directly or indirectly out of: (a) the
entrant’s participation in the Sweepstakes or inability to participate in the Sweepstakes; (b) the
acceptance, possession, use, enjoyment or misuse of the Prize; (c) with respect to the entry and any other
information and/or material submitted by the entrant including, but not limited to, all actions of passing
off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark
or any other proprietary right; or (d) any breach of the entrant’s representations and warranties above.
Blue Diamond Resorts will not be responsible for lost, stolen, illegible, incomplete, inaccurate or
destroyed entries, and all such entries are void. Blue Diamond Resorts assumes no responsibility for
incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error,
printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or
failures of any telephone or computer lines or networks, emails, computer equipment, servers, software,
access providers, or any combination thereof.
IN NO EVENT SHALL BLUE DIAMOND RESORTS BE HELD LIABLE TO ENTRANT OR ANY
THIRD PARTIES FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO: (A) THE SWEEPSTAKES; (B) THE ENTRIES; (C) ANY ACTION
TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
OWNERS; (D) THE BREACH OF THE SWEEPSTAKES RULES; OR (E) THE PRIZE.
15. WHERE SWEEPSTAKES RULES AND REGULATIONS ARE AVAILABLE
These Sweepstakes Rules are available online at the Website or entrant may request a copy of the
Sweepstakes Rules by sending a self-addressed, stamped envelope to: #BirthdayLikeAStar c/o Planet
Hollywood Costa Rica, Playa Manzanillo Bahia Culebra Guanacaste Peninsula Papagayo, Costa Rica.
For information regarding these Sweepstakes Rules entrant can contact Planet Hollywood Costa Rica at
506-2106-0090, Monday to Friday from 9am to 5pm ET.
16. SWEEPSTAKES SPONSOR
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook,
Instagram or Twitter. All information provided by entrant is being provided to Blue Diamond Resorts and
not to Facebook, Instagram or Twitter. Facebook, Instagram and Twitter are completely released of all
liability by each entrant in this Sweepstakes.
17. COMPLIANCE WITH LAWS
This Sweepstakes is subject to all applicable federal, provincial, territorial, state and municipal laws and
regulations. This Sweepstakes is void where prohibited or restricted by applicable laws. If the entrant is a
Mexican resident, the entrant hereby irrevocably attorns to the jurisdiction of the Courts of the city of
Cancun, Quintana Roo, Mexico. If the entrant is a Canadian resident, the entrant hereby irrevocably
attorns to the jurisdiction of the Courts of the Province of Ontario. If the entrant is a U.S. resident, the
entrant hereby irrevocably attorns to the jurisdiction of the Courts of the Province of New York.
18. MISCELLANEOUS
In the event that any provision of the Sweepstakes Rules is determined to be invalid or otherwise
unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance
with their terms as if the invalid or illegal provision were not contained herein. Blue Diamond Resorts’
failure to enforce any term of these Sweepstakes Rules will not constitute a waiver of that provision.
Entrants agree to waive any rights to claim ambiguity of these Sweepstakes Rules. In the event there is a
discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes
related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the
Sweepstakes Rules, the Sweepstakes Rules shall prevail, govern and control and the discrepancy will be
resolved in Blue Diamond Resorts’ sole and absolute discretion. In the event there is a discrepancy
between the English version and Spanish version of these Sweepstakes Rules, then the English version
shall prevail.