No Purchase or Payment Necessary. A Purchase or Payment of Any Kind Will Not Increase Your Chances of Winning. Void where prohibited.
- Eligibility.Summer Escape Instagram Your Way Away (the "Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years or older at the time of entry. Void where prohibited by law. Employees of Facebook, Instagram, LXR Luxury Resorts and Affiliated Participating Hotels ("Sponsor") or any of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee, whether or not related, are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator's Rules and decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor and Administrator
Sponsor: LXR Luxury Resorts and Affiliated Participating Hotels ("Sponsor")
c/o Legal Department
501 E. Camino Real Blvd.
Boca Raton, Florida 33423
- Timing. The Promotion begins on May 6, 2013 at 12:00 Eastern Time ("ET") and ends on September 23, 2013 at 11:59 p.m. ET (the "Promotional Period"). Administrator's computer is the official time keeper for this Promotion and all entries are computed according to Administrator's computer. Entries submitted prior to or after the Promotional Period will not be considered.
- AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes Participant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Other than as specified herein, neither Sponsor, nor anyone acting on its behalf, will enter into any communications with any Participant regarding this Promotion (except for the purposes of notifying the winners) or acknowledge any entry (or portion thereof) received.
- How to Enter. No purchase necessary to win. There is no cost to participate. To enter, Participants must be a Facebook member and an Instagram member.
During the promotional period, to become eligible, Participant's must follow @vacationescapes on Instagram and post their favorite summer inspired photos. Participants must use the hashtag #SummerEscape and tag @vacationescapes in the photo. Photo must be uploaded to Instagram between May 6 and September 23, 2013. Winners will be posted at Facebook.com/VacationEscape. All submissions must be taken on a smart phone camera and must be original photographs taken by the entrant.
Participants who are not Facebook or Instagram members may enter the contest by sending an email to email@example.com with their first name, last name, email address, mailing address and contact phone number. Limit ten (1) email entries per person/per email address per day. All entries are treated equally and judged by a panel. Entering via Instagram or entering by email to firstname.lastname@example.org, including sending up to 1 entry per day regardless of the method, will be applied equally to all Participants.
- Winner Selection. Sixteen (16) potential winners will be selected in a random drawing conducted every ten days beginning on or about the week of May 6, 2013. Sponsor will announce on the Facebook Page the drawing dates for the specific prizes in advance.
Winning participants have 72 hours upon receipt of the email and/or phone call notifying them if they are a winner to accept the prize and confirm that Vacation Escapes has permission to post their first name and last initial as the prize winner on Facebook. Upon such acknowledgement, the winning participant will receive a letter informing them of the proper steps to book their vacation. In the event that the potential Winner is disqualified for any reason, Administrator may award the prize to an alternate winner among all remaining eligible entries. Odds of winning the prize depend on the number of entries received during the Promotion Period. If the potential Winner is at least 18 but still considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein as well as any further documentation as the parent/legal guardian of said minor.
SPONSOR'S AND/OR ADMINISTRATOR'S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
- Grand Prize. There will be a total of sixteen (16) prizes awarded. No prize shall be awarded to the same Participant more than once. Approximate retail value of each prize is $350.00 USD. Prize redemption must be completed between June 1, 2013 and April 30, 2014 which means that the winners must complete their 2-night stay and obtain all incidental benefits associated with their particular prize package, if any, by April 30, 2014. Additional restrictions, conditions and limitations may apply. No cash equivalent for the prize shall be available. Prizes are non-transferable or refundable and no substitution will be made except as provided herein at the Sponsor's or Administrator's sole discretion. All expenses not specified as paid by Sponsor herein are the sole responsibility of Prize Winners and will not be paid by Sponsor or Administrator. The Sponsor and the Administrator reserve the right to substitute the prize for one of comparable or greater value, in their sole discretion, for any reason. Any unused portion of the prize value is forfeited. Neither the Sponsor nor the Administrator is responsible for the weather conditions or activity availability and no refund or credit will be issued and no alternate date will be made available should the selected dates limit any element of the prize usage. Odds of winning will depend upon the total number of eligible entries received for each sweepstakes.
In no event shall any prize awarded be transferable to another hotel, resort or otherwise exchanged for another prize or potential prize.
Prior to each drawing, Sponsor will announce on its Facebook page referenced herein the date of each drawing and the specific prize to be awarded in connection with each drawing. Prizes available are a two-night stay for two adults and two children ages 12 and under, at one of the hotels below.
Prize is subject to resort availability and advance reservations are required. Prize is not transferable or redeemable for cash and may not be given as a gift. All expenses and travel costs, including but not limited to, air and vehicle transportation, personal charges at lodging, resort fees, security fees, taxes, meals, beverages, room service, entertainment, merchandise, souvenirs, local and long distance telephone calls, gratuities, applicable taxes, incidentals, and all other expenses associated with acceptance and use of the prize are the sole responsibility of the winner and his/her travel companion. Prize may not be combined with other promotions, coupons, discounts or offers. Not applicable to previous reservations or group bookings. Blackout dates may apply. Void where prohibited.
- Buena Vista Palace Hotel and Spa (Orlando, FL)
- Doubletree by Hilton Atlanta Downtown (Atlanta, GA)
- Doubletree By Hilton at Entrance to Universal Orlando (Orlando, FL)
- Grand Hotel Esplanade (Berlin, Germany)
- Hilton Fort Lauderdale Airport (Fort Lauderdale, FL)
- Hyatt Regency Pier Sixty-Six (Fort Lauderdale, FL)
- Hyatt Regency Sarasota (Sarasota, FL)
- Phoenix Marriott Tempe at the Buttes (Phoenix, AZ)
- Sanibel Inn (Sanibel Island, FL)
- Sanibel Sunset Beach Inn (Sanibel Island, FL)
- Seaside Inn (Sanibel Island, FL)
- Sheraton Philadelphia Downtown Hotel (Philadelphia, PA)
- Song of the Sea (Sanibel Island, FL)
- South Seas Island Resort (Captiva Island, FL)
- Westin New Orleans Canal Place (New Orleans, LA)
- Westin Tampa Harbour Island (Tampa, FL)
A “stay” is defined as two consecutive nights at the hotel specified. Children are defined as children age 12 years and younger.
The Winner and his/her companion are responsible for obtaining all necessary travel documentation including passports and visas, as applicable and for compliance with any customs and immigration requirements. It is recommended that the Winner and his/her travel companion obtain sufficient personal health insurance prior to departure.
- Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator and/or the Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless Sponsor, Administrator, American Facebook, Inc. Instagram, and each of their respective parents, subsidiary, and affiliated companies, prize suppliers, advertising and promotion agencies and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability (including reasonable attorneys' fees), including but not limited to negligence and damages of any kind to persons and property, arising out of or relating to a Participant’s participation in the Promotion and/or acceptance, use or misuse of prize (including any travel or activity related thereto).
- Limitation of Liability. Sponsor and Administrator are not responsible for (1) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries or email; (2) any incorrect or inaccurate information, whether caused by Participant’s, typographical, printing or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (3) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prize or in any Promotion-related materials; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant's participation in the Promotion or receipt or use or misuse of prize (or any travel or activity related thereto). If for any reason a Participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prize offered herein. All entries become the exclusive property of the Sponsor. Use of any automated system or agency relationship to submit entries is prohibited and will result in disqualification.
By participating in this promotion, Participants agree that the released parties will have no liability whatsoever for, and shall be held harmless by Participants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this promotion or in any promotion related activity, including access to and use of the internet site www.facebook.com/vacationescape or www.luxuryresorts.com/summerescape or any claims based on copyright, publicity rights, defamation or invasion of privacy, or merchandise delivery. The released parties are not responsible if any prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism.
Without limiting the foregoing, everything regarding this promotion, including the web site, Instagram and Facebook page and all prizes, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
- Publicity. Except where prohibited by law, winners grant to sponsor and/or administrator (which grant will be confirmed in writing on request of sponsor), their subsidiaries, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, each winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification. Participants agree that sponsor shall own the entries, which will not be acknowledged or returned, and that sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as sponsor and/or its designees may determine without further consideration to Participants or any third party.
- User Generated Content. By using this site, Participant agrees (a) to grant Sponsor, Administrator, its successor(s) and assign(s), agents, and other third parties to whom it grants such permission in its sole and absolute discretion without permission, in perpetuity, an irrevocable, sub licensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit any photographs, images, videos and the like (“material”) uploaded by Participant as part of this Promotion, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation or attribution and all claims are waived as to “moral rights” or “droit moral” or unfair competition with respect to the material; (b) that all materials Participant submits or transmits are owned solely by Participant and that Participant assumes total and exclusive responsibility and liability for the content thereof and the use thereof. Neither Sponsor nor Administrator monitors the postings and reserves the right in their sole discretion to remove any postings that fall into these categories; (c) not to upload or post any photos or other content that is or may be threatening, profane, harassing, defamatory, unlawful, infringing, violate another rights to privacy, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under any applicable law; and (d) not to upload any videos or photos that contain music or lyrics to music or other material for which Participant does not own or does not have a right to use.
- Technical Difficulties. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, or any condition caused by events beyond the reasonable control of the Sponsor that may cause the Promotion to be disrupted or corrupted, the Sponsor may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the Promotion, to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Disputes. Participant agrees that: (I) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the prize awarded, shall be resolved exclusively by the United States District Court or the appropriate Florida State Court located in Palm Beach County, Florida; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will Participant be permitted to obtain attorneys' fees or other legal costs; and (iv) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental and consequential damages 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 Participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. Sponsor is not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
- Promotion Results. For Promotion results send a hand-printed, self-addressed, stamped envelope to Winner's List - LXR Luxury Resorts Instagram Your Way Away program, ATTN: Robert Rubenstein, c/o LXR Legal Dept., 501 E. Camino Real Blvd, Boca Raton, Florida 33432. Requests for the winners list must be received by within 60 days after the conclusion of the Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram.
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