ORLANDO SENTINEL'S PALM COAST AND THE FLAGLER BEACHES SWEEPSTAKES OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Orlando Sentinel's Palm Coast and the Flagler Beaches Sweepstakes (the “Promotion”) is sponsored by Orlando Sentinel Communications Company LLC (“OSC”) and Palm Coast and the Flagler Beaches (“Promotion Parties”). Promotion is only offered in the following Florida counties: Orange, Osceola, Volusia, Flagler, Lake, Polk, and Seminole (“Promotion Area”). Void outside Promotion Area and where prohibited.
2. Promotion is subject to all federal, state and local laws. OSC shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules.
3. Promotion begins on January 12, 2014. Entry deadline is February 2, 2014 at 11:59 p.m. Eastern Time (“ET”). Drawing to determine winners will be held on or about February
4, 2014. OSC’s computer is the official time-keeping device for this Promotion.
4. To be eligible, each entrant must be at least twenty-one (21) years old and a legal resident of the Promotion Area (above) as of date of entry.
5. Employees of OSC, Palm Coast and the Flagler Beaches, Hammock Beach Resort, and the members of their immediate families (defined as spouse, parents, siblings or children) and households, are not eligible to enter or win. The term "household" includes all persons residing together in a single residence, whether or not related.
6. Grand Prize (1): Three-days, two-night hotel accommodations in a deluxe one bedroom ocean view suite for two adults at Hammock Beach Resort, Palm Coast, Florida. Approximate retail Value (“ARV”): $650.00.
7. The odds of winning depend on the number of entries received. PRIZE RESTRICTIONS
8. All prize details shall be at OSC’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local income, sales and use taxes (if any), any other taxes, fees, surcharges, lodging, transportation, tips, gratuities, additional meals or beverages, parking, souvenirs, concessions, upgrades, personal items, and incidentals. Hotel stay based on availability. Excludes holidays and special events. Prize must be used by December 15, 2014.
9. Guest of Grand Prize winner must be twenty one (21) years old and may be required to sign liability waiver and/or publicity release prior to receipt of Prize tickets.
10. Prizes are not transferable or redeemable for cash and may not be sold, bartered or auctioned. Prizes may not be substituted except that OSC in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
11. Any portion of any prize not used by any winner is forfeit and no cash substitute will be offered or permitted. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Merchandise prizes (if any) carry no warranty other than that offered by manufacturer. Promotion Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
12. Entries will be accepted beginning January 12, 2014 at 12:01 a.m. ET and ending February 2, 2014 at 11:59 p.m. ET. To enter, complete an official entry form at www.orlandosentinel.com/sweepstakes (the “Promotion Page”) with all required information, which may include your full name, mailing address, phone number, e-mail address and age or date of birth. Entries will not be accepted through any other method.
13. All entries must be received by OSC no later than February 2, 2014 at 11:59 p.m. ET. Proof of sending is not proof of receipt by OSC. OSC will not accept screen shots as proof of entry.
14. Limit one (1) entry per person and per e-mail address. Additional entries received from any such person or e-mail address thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, identities, registrations or logins) are prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
15. Entries must include a valid e-mail address for the entrant. OSC is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain.
16. Entrants who fail to provide any required information may be disqualified without further notification by OSC. OSC is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. OSC reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of OSC and will not be returned or acknowledged.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNERS
18. On February 4, 2014, or within a reasonable time thereafter, OSC or its designee will randomly choose one (1) name from all timely entries received. Subject to verification of eligibility, the first person whose name is so drawn will be declared the Grand Prize winner.
19. OSC will contact potential winner in accordance with the information supplied to OSC on his or her official entry form. Winner must respond to initial notification within twenty-four (24) hours and may be required to present valid photo identification, signed affidavit or declaration of eligibility, liability release, publicity release (where legal), tax forms and/or other legal documents to OSC no later than two (2) days after initial notification. OSC in its sole discretion may allow transmission of verification documents via fax or e-mail. OSC is not responsible for loss or damage to prize once the prize is in carrier’s possession.
20. In the event that potential winner (a) cannot be contacted directly by, or does not respond to, OSC within twenty-four (24) hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, OSC in its
discretion may disqualify that individual and, an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. Up to one (1) alternate drawing will be conducted for any particular prize. If a winner cannot be verified for a particular prize after one (1) alternate drawing, no further drawings will be held for that prize and that prize will not be awarded.
21. OSC may, in its sole discretion, post the verified winners' names on the Promotion Page and/or any of OSC’s websites, including www.orlandosentinel.com.
22. By accepting a prize, each winner agrees to award OSC the right to publicize his or her name, photographs (including the use and appearance of winner's photograph on OSC’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
23. Entrants agree that OSC, Palm Coast and the Flagler Beaches, Hammock Beach Resort, Tribune Company, any other company involved in the development or administration of this Promotion, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, prize suppliers, officers, directors, employees and related persons (collectively, “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by OSC by the deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prize or prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winners, the prize or prizes or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize or any part thereof.
24. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, PRIZE AWARD OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
25. BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF THE PRIZE OR ANY PART THEREOF, PARTICIPATION IN ANY PRIZE- RELATED ACTIVITY OR TRAVEL, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
26. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
27. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
28. OSC reserves the right to cancel, suspend or terminate this Promotion or any part thereof, in the event that OSC determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond OSC’s control. In such an event, OSC will post notice of same at the Promotion Page and select the winners by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as OSC, in its sole discretion, deems fair and appropriate under the circumstances.
29. OSC reserves the right to disqualify any individual from further participation in the Promotion if OSC concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards any Promotion Party or any other entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by OSC to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
30. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND OSC RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
31. All activity arising out of and relating to the Promotion, including any reference to an entrant's status as a "winner," is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with OSC concerning such verification and/or auditing. If OSC determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, OSC reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time.
32. OSC reserves the right to correct typographical, printing or clerical errors in any promotion-related materials. 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, OSC reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
33. By entering the Promotion, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant 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. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
34. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
35. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Orange County, Florida, and entrants consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
36. In the event that any provision of these Official Rules 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.
WINNERS' LIST /OFFICIAL RULES
37. For a copy of the Official Rules or the final Winners' List, visit the Promotion Page or www.orlandosentinel.com or mail a SASE to: Orlando Sentinel's Palm Coast and the Flagler Beaches Sweepstakes c/o OSC, 633 N. Orange Avenue, Orlando, Florida 32801,specifying either “Winners' List” or “Official Rules.” Winners' List will be available after March 2, 2014.