Visit St Pete Clearwater – Warm Up To Win Sweepstakes

“Warm Up to Win” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR
CHANCES OF WINNING.
The “Warm Up to Win” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United
States of America (“USA”) and Canada (excluding the Quebec province) and shall only be construed and
evaluated according to USA and Canadian law. Do not enter this Sweepstakes if you are not located in
the USA or Canada at the time of entry or otherwise ineligible in accordance with these Official Rules. By
participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the
Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize
(as defined below) is contingent upon fulfilling all requirements set forth herein.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Visit St. Pete Clearwater, 8200 Bryan
Dairy Rd, Suite 200 Largo, FL 33777 (the “Sponsor”) and administered by American Sweepstakes &
Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) USA (including D.C.) or Canada
(excluding the province of Quebec) who are at least twenty-one (21) years of age at the time of entry
(the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, their
respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales
representatives and advertising and promotional agencies, and the officers, directors, agents, and
employees of each of the foregoing, and members of their immediate families (defined as including
spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and
each of their respective spouses, regardless of where they reside) or households (whether related or
not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-
compliance with any of these Official Rules will result in disqualification. Void where prohibited or
restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also
include the Entrant who is deemed the Winner (as defined below)).
HOW TO ENTER: The Sweepstakes begins at 5:00:00 p.m. Eastern Time (“ET”) on January 13, 2023 and
ends at 5:00:00 p.m. ET on March 31, 2023 (“Sweepstakes Period”). The Sponsor’s computer is the
official time-keeping device for the Sweepstakes. Entrants will be able to enter the Sweepstakes by
visiting https://www.warmuptowin.com (the “Website”) and following the links and instructions to
complete the Sweepstakes registration form. Entrant will be required to provide his/her full name, home
zip code, daytime telephone number, and email address. A mobile version of the Website will be made
available for those Entrants with Smartphone capabilities and access. All entries must be received by
the Sponsor by 5:00:00 p.m. ET on March 31, 2023 in order to be eligible. By properly completing the
Sweepstakes registration form, the Entrant will receive one (1) Sweepstakes entry. During the
Sweepstakes Period, there will be a limit of one (1) entry per Entrant.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be
disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt
by Sponsor of an entry. Internet entries must be made by the Entrant only at the Website. Entries made
by any other individual or any entity, and/or originating at any other web site or email address, including,
but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will
be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is
prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Released
Parties (as defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled,
undelivered, or misdirected entries. Sponsor reserves the right to disqualify any person or email address
that submits more than maximum allowed entries. All entries become the exclusive property of Sponsor
and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and
transfer your name, address and other information for the purpose of administering this Sweepstakes
and for other purposes as set forth below.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired
or incapable of running as planned for any reason, including but not limited to (a) infection by computer
virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other
causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness,
integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to
disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or
suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize
(defined below) using all non-suspect eligible entries received as of, or after (if applicable) this
cancellation, termination, modification or suspension date, or in any manner that is fair and equitable
and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion,
to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process
or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official
Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH
AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES
FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY
LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of
that provision. In the event of a dispute as to the identity of a Winner based on an email address, the
winning entry will be declared by the authorized account holder of the email address submitted at time
of entry. “Authorized account holder” is defined as the natural person who is assigned to an email
address by an Internet access provider, online service provider or other organization (e.g., business,
educational, institution, etc.) that is responsible for assigning email addresses for the domain associated
with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release
and hold harmless the Sponsor and Administrator (collectively, the “Released Parties”) from and against
any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize,
including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an
entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the
administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of the Grand Prize (defined below). Released Parties assume no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, entries.
Released Parties are not responsible for any problems or technical malfunction of any telephone
network or telephone lines, computer online systems, servers, or providers, computer equipment,
software, failure of any email or entry to be received by Sponsor on account of technical problems,
human error or traffic congestion on the Internet or at any Website, or any combination thereof,
including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from
participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further
agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering
and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney
fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of
damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE
FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS
SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM
THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all
liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS
BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from
participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of,
or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are
not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts
of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE
OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE
HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
DRAWING AND NOTIFICATION: The Prize drawing will be conducted by the Administrator (as listed
above), an independent judging organization, whose decisions are final in all matters relating to this
Sweepstakes. The Prize drawing will be conducted on or about April 10, 2023. Odds of winning the Grand
Prize will depend on the total number of eligible entries received during the Sweepstakes Period. The
potential Winner will be notified by the Administrator via telephone, email and/or USPS mail, or other
home delivery service of Sponsor’s choice.
GRAND PRIZE: There will be one (1) Grand Prize available. The Grand Prize Winner (“Winner”), upon
the Administrator’s confirmation of eligibility, will receive up to five (5) trips to St.
Petersburg/Clearwater, FL (the “Location”) (“Grand Prize” or “Prize”). The Grand Prize package includes:
A Visit St. Pete/Clearwater Beach Bag, valued at $100
Five (5) certificates, each valid for a stay at the TradeWinds Island Resorts
Each certificate is valid for 3-nights in a resort view villa, including the resort
amenity fee, at a TradeWinds Island Resorts property. Specific dates are subject
to availability and promotional allotment. Blackout days apply. We suggest fall and
early winter reservations which offer more availability. Not valid in March and
April.
Each certificate is valid for a $300 resort credit at TradeWinds Island Resorts
Up to four (4) roundtrip standard economy airfare tickets from a major commercial
airport in the USA or Canada, near the Winner’s primary residence and the Location, as
determined by Sponsor (Sponsor reserves the right to substitute ground transportation
for air transportation if Winner resides within 200 miles of the Location) for up to five (5)
trips corresponding with the travel dates to TradeWinds Island Resorts.
(“Prize” or “Grand Prize”)
The Approximate Retail Value (“ARV”) of the total Grand Prize package is $19,690 USD, which will vary
depending upon points of departure, number of trips, number of travelers (airfares), and seasonal
fluctuation of hotel rates and airfares. The value of the Prize set forth above represents Sponsor’s good
faith determinations of the ARV thereof and such determinations are final and binding and cannot be
appealed. If actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled,
then the difference will not be awarded. All other expenses not specifically mentioned herein, including
but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically
delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of
the Winner and/or traveling companion. The Sponsor is not responsible for any cancellations, delays,
diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels
or other transportation companies or any other persons providing any of these services and
accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to
baggage and/or personal property. Travel, hotel, and other accommodations are subject to availability.
All trips must be fully executed by December 31, 2027 or the unclaimed portion(s) of the Prize will be
forfeited. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates
and material restrictions may apply. Winner must travel. His/her travel companions could change with
each trip. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor,
who reserves the right to substitute the Prize or any Prize component with another of equal or greater
value.
ADDITIONAL PRIZE CONDITIONS: Should a selected Prize Winner be a Canadian citizen, the selected
Entrant must answer correctly without assistance of any kind, whether mechanical, electronic, or
otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails
to correctly answer the question, he/she will be disqualified, and another Entrant will be randomly
selected. The potential Prize Winner who correctly answers the skill-testing question will be notified by
telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided
at the time of entry. If the potential Winner is determined to be less than the age of majority in his/her
province of residence, then the potential Winner will be disqualified, and an alternate winner will be
selected in their place.
By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties, each
of their related companies, and each of their respective officers, directors, employees, shareholders, and
agents from and against any claim or cause of action arising out of participation in the Sweepstakes or
receipt or use of a Prize. The potential Winner will be notified by home-delivered mail, phone, or email,
and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted
notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if U.S. resident) or a Declaration of
Compliance (if Canadian resident) in order to claim his/her Prize. Note: The Affidavit sent to a potential
US Winner will require that the Winner provide their Social Security Number to the Administrator,
which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and
federal taxes associated with the receipt of their Prize. The Winner must note that the value of their
accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the
value of the Prize (applicable to US resident only), and the Winner is solely responsible for all matters
relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or
undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with
prize redemption instructions within three (3) business days from the first notification attempt, or if a
potential Winner fails to return requisite document(s) within the specified time period, or if a potential
Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at
Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Grand Prize, where permitted by law, the Winner grant to the Released Parties and
those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be
confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide
IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or
biographical information for advertising, trade and promotional purposes without further payment or
additional consideration, and without review, approval or notification. The Grand Prize Winner also
acknowledges that Released Parties have neither made nor are in any manner responsible or liable for
any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
USE OF DATA: All information submitted by Entrants will be treated according to Sponsor’s Privacy
Policy, available at https://www.visitstpeteclearwater.com/privacy-policy. By participating in the
Sweepstakes and providing your email address or any other applicable contact information, Entrants
hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they
have read and accepted Sponsor’s Privacy Policy.
DISPUTES: By entering the Sweepstakes, Entrants and neighbor designee agree that 1.) Any and all
disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes
awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated
with entering the Sweepstakes but in no event attorneys’ fees; and 3.) Under no circumstances will any
Entrant or neighbor designee be permitted to obtain any award for, and Entrant or neighbor designee
hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to
have damages multiplied or otherwise increased and any other damages, other than for actual out-of-
pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues
and questions concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection
with the Sweepstakes, shall be governed by, and construed in accordance with United States law the law
of Florida. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall
be instituted only in the federal or state courts of serving Clearwater, Florida and Entrants and neighbor
designee, and the parties consent to jurisdiction therein with respect to any legal proceedings or
disputes of whatever nature arising under or relating to these Official Rules. The invalidity or
unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in
accordance with their terms as if the invalid or illegal provision were not contained herein.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect
the validity or enforceability of any other provision. If any provision of the Official Rules is determined
to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed
as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the
Sweepstakes and supersede all prior and contemporaneous agreements, representations and
understandings, whether oral or written. The headings herein are for convenience only, do not
constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions
hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in
writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any
provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights
and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise,
without the prior written consent of Sponsor, and any attempted assignment in violation of the
foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of,
the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the
Winner, please send a self-addressed, stamped business size envelope, by May 20, 2023, to: ASC/BVK
“Warm Up to Win” Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.