Tommy Bahama – Win a trip for two to Mukul Luxury Resort and Spa in Guacalito de La Isla, Nicaragua valued at 11,850 by December 31, 2015
RUM AWAY TO PARADISE SWEEPSTAKES
ENDING ON December 31, 2015 at 11:59 p.m. ET
Message and data rates may apply. Text STOP to 35350 to opt out and to discontinue further participation in the Sweepstakes. Text HELP to 35350 for information. If you enter via text-messaging, you will receive three (3) text messages in response to your entry from an automated system. Consent is not required to buy goods and services. You may not be able to participate by text messages through all wireless carriers.
Rum Away to Paradise Sweepstakes is open only to legal residents of
the fifty (50) United States (including District of Columbia) who are at least twenty-one (21) years old at
the time of entry.
The Sweepstakes is subject to all applicable federal, state, and local laws and
regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional
agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and
binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all
requirements set forth herein.
Tommy Bahama Group, Inc., 400 Fairview Ave N, Suite 488, Seattle, WA 98109.
Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
The Sweepstakes begins on December 10, 2015 at 12:00 a.m. Eastern Time and ends on December 31, 2015 at 11:59 p.m. ET . Administrator’s computer is the official time keeping device for this Sweepstakes.
4. HOW TO ENTER
a. Text Message: During the Promotion Period, using a two-way text-messaging capable device
(“Device”), text “RUMAWAY” to 35350. Each text message constitutes one (1) entry into the
Sweepstakes. Message and data rates may apply. Text STOP to 35350 to opt out and to
discontinue further participation in the Sweepstakes. Text HELP for information. Send questions
to email@example.com. If you enter via text-messaging, you will receive three (3) text
messages in response to your entry from an automated system. Participating carriers include:
ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless,
Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility,
Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix
Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest
Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S.
Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may
be added from time to time. Service may not be compatible with all handsets. Consent is not
http://www.tommybahama.com/TBG/GeneralContent/PrivacyPolicy.jsp. To view the
Administrator’s Mobile Terms and Conditions, http://www.helloworld.com/terms.
b. Online: During the Promotion Period, visit https://tommybahama.promo.eprize.com/winter and
complete and submit the registration form including a valid email address. You automatically will receive one (1) entry into the Sweepstakes.
Limit: Each entrant may enter one (1) time per day by any method or combination of methods of entry
during the Promotion Period. Multiple entrants are not permitted to share the same email address or
Device. Any attempt by any entrant to obtain more than the stated number of entries by using
multiple/different email addresses, Devices, identities, registrations and logins, or any other methods will
void that entrant’s 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 entry, the authorized account holder of the email address or the textmessaging capable device used to register will be deemed to be the entrant or player. The “authorized account holder” of an email address, 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. Otherwise, the “authorized account holder” of a Device is the natural person in whose name the Device has been issued and the services are billed. Potential winner may be required to show proof of being the authorized account holder. All entries become the property of the Sponsor and will not be returned.
Tell A Friend Program: After you enter the Sweepstakes, you will be invited to submit the names and email addresses of up to five (5) friends eligible to enter the Sweepstakes. Each person that you refer will receive an email notifying him or her about the Sweepstakes. For each referral of up to five (5) friends with valid email addresses, you will be given one (1) additional entry into the Sweepstakes, up to a total of five (5) additional entries per day during the Promotion Period. You may only refer persons with whom you have an existing relationship.
5. WINNER ETERMINATION AND VERIICATION
Administrator is an independent judging organization whose
decisions as to the administration and operation of the Sweepstakes and the selection of potential
winners are final and binding in all matters related to the Sweepstakes. Receiving a prize is contingent
upon compliance with these Official Rules. Administrator will randomly select the Grand Prize winner from
all eligible entries received during Promotion Period, on or around January 5, 2016. Entrants who opt out
via text message will not be included in the drawing. The potential winner will be notified at
Administrator’s sole discretion by email, text message, phone, or mail. Potential winner who entered via
text-messaging will be notified by phone and/or text message at the number of the Device used to enter
the Sweepstakes. The potential Grand Prize winner will be required to sign and return a Declaration of
Compliance, Liability & Publicity Release (“Declaration”) and an IRS Form W-9 to Administrator within
seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential
winner cannot be contacted, fails to sign and return the Declaration and IRS Form W-9 or provide any
other requested information within the required time period (if applicable), or prize is returned as
undeliverable, potential winner forfeits the prize. In the event that the potential Grand Prize winner is disqualified for any reason, Sponsor will award the Grand Prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded.
ONE (1) GRAND PRIZE: A trip for two (2) to Mukul Luxury Resort and Spa in Guacalito de La
Isla, Nicaragua. Trip package includes roundtrip coach-class air transportation from an airport near
winner’s home (determined by Sponsor in its sole discretion) to Managua International Airport; five (5)
nights’ accommodations at a hotel determined by Sponsor in its sole discretion (single room, double
occupancy); a private Flor De Cana distillery tour for two (2) (transport via helicopter); two rounds (2) of
golf for two (2); a massage for two (2); breakfast each morning (all details determined by Sponsor in its
sole discretion); a $1,000 shopping spree at Tommy Bahama (awarded as a gift card); and travel agent
services. Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited.
Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are
subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and
flight itinerary in its sole discretion. No refund or compensation will be made in the event of the
cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this
Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger
ticket contract. All expenses and incidental travel costs not expressly stated in the package description
above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs
or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at
lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion
must be twenty-one (21) years of age or older as of the date of departure and must travel on same
itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases
prior to issuance of travel documents. 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. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers
or certificates. Terms and conditions of gift cards apply. Approximate Retail Value: $11,850. Actual value
may vary based on airfare fluctuations and distance between departure and destination. Winner will not
receive difference between actual and approximate retail value. Prize is non-transferable and no
substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves
the right to substitute the prize or component thereof for one of equal or greater value if the designated
prize should become unavailable for any reason. Winner is fully responsible for any and all applicable
federal, state and local taxes (including income and withholding taxes) and fees associated with prize
receipt and/or use. Odds of winning the Grand Prize depend on the number of eligible entries received
during the entire Promotion Period.
Each entrant hereby releases, and agrees to defend, indemnify and hold harmless the
Sponsor, Flor de Cana, Administrator, those working on their behalf, and each of their respective
subsidiaries, affiliates, suppliers, distributors, prize suppliers, advertising/promotion agencies and each of
their respective parent and affiliate companies and each such company’s officers, directors, employees
and agents, and all others associated with the development and execution of this Sweepstakes,
(collectively, the “Released Parties”) from any damage, injury, death, loss or other liability (including
without limitation the unauthorized or illegal access to personally identifiable or sensitive information),
either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in
any way relate to participation in this Sweepstakes or the awarding, acceptance, use or misuse of the
Grand Prize or any other substitute.
Except where prohibited, participation in the Sweepstakes constitutes each 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 and will provide consent in writing to such use.
9. GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole 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. 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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 provision. Sponsor reserves the right to suspend or cancel the Sweepstakes or to modify the Official Rules as required by law. By participating, you agree to abide by the Official Rules and the decisions of Sponsor, which shall be final in all respects.
10. 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 cellular networks, 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; 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 Sweepstakes 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
Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event
that production, technical, seeding, programming or any other reasons cause more than the stated
number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the
right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. DISPUTES RESOLUTION
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Administrator’s Mobile Terms and Conditions will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You hereby agree that any controversy, claim or dispute at law or equity that has arisen or may arise
relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Administrator’s Mobile
Terms and Conditions shall be settled by arbitration administered by the American Arbitration Association
in accordance with its Arbitration Rules (as defined below), and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof. You also agree that whenever you
have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to
the Sweepstakes, the Official Rules, or the Administrator’s Mobile Terms and Conditions, you will send a
written notice to the Administrator (“Demand”). You agree that the requirements of this Dispute Resolution
section will apply even to disagreements that may have arisen before you accepted these Official Rules
or the Administrator’s Mobile Terms and Conditions. You must send the Demand to the following address
(the “Notice Address”): Legal Department, HelloWorld, Inc., One ePrize Drive, Pleasant Ridge, Michigan
48069. If the disagreement stated in the Demand is not resolved within 10 business days after it is
received, and you intend on taking legal action, you agree that you will file a demand for arbitration with
the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you,
Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor each agree to
waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any
lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in
state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you
must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable
attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the
rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the
American Arbitration Association is unable to conduct the arbitration, you may file your case with any
national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes
Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the
agreement (“Arbitration Rules”) to arbitrate in this Dispute Resolution section. You agree that the
Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or
Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs
the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Administrator or Sponsor, and
that you will not participate in a class action or collective action against them. You agree that you will not
join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or
the Administrator’s Mobile Terms and Conditions, if this class action waiver is invalidated, then the
agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at
that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do
you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of
claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to
arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with
the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and
Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Michigan
without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be Oakland
12. ENTRANT’S PERSONAL INFORMATION
Information collected from entrants is subject to the Sponsor’s
13. WINNER LIST
For a winner list, visit http://bit.ly/1N3SOJh. The winner list will be posted after winner
confirmation is complete.