"Florida Keys Summer Getaway!" Sweepstakes Official Rules
|NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE SWEEPSTAKES YOU ARE PROVIDING YOUR SIGNATURE, CONSENT AND AGREEMENT TO RECEIVE MARKETING TEXT MESSAGES FROM THE FROM THE SPONSOR. TEXT (SMS) MESSAGE AND DATA RATES MAY APPLY. REPLY STOP TO END AT ANYTIME. YOU WILL RECEIVE NO MORE THAN 4 TEXT MESSAGES PER MONTH MAX.
1. Eligibility: Sweepstakes (the "Florida Keys Summer Getaway!") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Employees of The Monroe County Tourist Development Council, Newman PR, Momares, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The "Florida Keys Summer Getaway!" 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 "Florida Keys Summer Getaway!" Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: The Monroe County Tourist Development Council, 1201 White Street, Suite 102 Key West, Florida 33040 USA. Administrator: Momares, LLC. 921 Pizarro St. Coral Gables, FL 33134 USA.
3. Timing: The "Florida Keys Summer Getaway!" Sweepstakes begins on April 10, 2014 at 12:01 a.m. Eastern Time ("ET") and ends on June 12, 2014 at 11:59 p.m. Eastern Time ("ET") (the "Promotion Period"). Administrator's computer is the official time-keeping device for the "Florida Keys Summer Getaway!".
4. How to Enter: During the Promotion Period, visit www.floridakeyswin.com and follow the links and instructions to complete and submit the entry form. P.O. Boxes are not permitted. If using the online entry form method, you will need a two-way text messaging capable mobile phone in order to participate and receive entry confirmation in the Sweepstakes. Not all mobile phone carriers are supported, see list of carriers.
Via Mobile Phone (SMS) Text Message: To enter via mobile text (SMS) message during the Promotion Period, send a text message with the word KEYSFUN in the body of the text message to the number 65047 (Short Code) and follow the links and instructions to complete and submit the registration form. YOU MUST REMAIN OPTED-IN DURING THE PROMOTIONAL AND DRAWING PERIODS TO BE ELIGIBLE TO PARTICIPATE. Opting out via mobile phone during the promotional or drawing periods eliminates your entry. You will automatically receive one (1) entry into the Sweepstakes. Limit: Each participant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same mobile phone number or email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different mobile phone numbers, email addresses, 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. In the event of a dispute as to any registration, the "authorized account holder" of the mobile phone number used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned a mobile phone number by a wireless service provider, or other organization responsible for assigning mobile phone numbers associated with the submitted mobile number. The potential winner may be required to show proof of being the authorized account holder.
5. Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around June 16, 2014. The potential winners will be notified by email and/or mobile phone. Except where prohibited, the potential Grand Prize winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration") which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, or fails to return the Declaration within the required time period, potential winner forfeits prize. If a potential winner cannot be contacted or fails to respond within 48 hours of the initial contact attempt, the potential winner forfeits prize. The potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified or winner declines the prize for any reason, the Sponsor will award a Grand Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Grand Prize will remain un-awarded. Prize will be awarded in approximately 2-3 weeks after the conclusion of the Sweepstakes. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: Each entrant may win one Grand Prize total. Total ARV of prize: $3,400.00
Prize: ONE (1) GRAND PRIZE: Air fare in the form of an Air Travel Card ARV: $1,000 Approximate Retail Value ("ARV"); a total of five (5) nights' accommodations, where two (2) nights' accommodations including taxes, on 7/09/14 and 7/10/14 are at the Ocean Pointe Suites in Key Largo, FL ARV:$600; and three (3) nights' accommodations including taxes, on 7/11/14, 7/12/14 and 7/13/14 are at the Reef cottage at Dolphin Marina & Cottages in Little Torch Key, FL ARV:$600. Room is determined by Sponsor in its sole discretion (single room, double occupancy). One (1) Budget® Car Rental Certificate ARV: $300; half-day guided backcountry kayak tour for two (2) from Big Pine Kayak Adventures, FL ARV: $250; dive or snorkel for two (2) with Strike Charters at Underwater Music Festival in Looe Key, FL (tee shirts included) ARV: $160; two-spot dive or snorkel for two (2) on the Keys Diver in Key Largo, FL ARV: $170; dinner for two (2) at Key Largo Conch House, taxes & gratuity not included, ARV: $100; VIP Welcome Gift Basket from Key Largo Chocolates ARV $80; two-hour kayak rentals for two (2) at Ocean Pointe Suites in Key Largo, FL ARV: $50; tour of the Botanic Garden for two (2) at the Botanic Gardens at Kona Kai Resort in Key Largo, FL ARV $50; sunset sail for two (2) on Island Time Cruises in Key Largo, FL ARV: $40. Total ARV of prize: $3,400.00
Additional Terms and Conditions of Prizes: No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in the "Florida Keys Summer Getaway!" Sweepstakes. 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. Unless child of winner, travel companion must be twenty-one (21) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases 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 prize. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, gift cards, air travel cards or certificates. Sponsor is not responsible if the 2014 Underwater Music Festival or if any of the prizes, activities, lodging, tours or rentals are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Sponsor is not responsible if a force majeure or act of God delays, postpones or cancels for any reason, travel to the destination or the destination itself, that portion of prize is forfeited in its entirety and no substitution, exchange or cash equivalent will be provided, except by Sponsor at Sponsor's sole discretion. Winner is responsible for any liability waiver, release or other documents required to participate in any of the activities provided in the prizes.
For the car rental prize: Car rental certificate can be applied to the base rate for the number of consecutive prize days awarded and excludes taxes, other governmentally-authorized or imposed surcharges, license recoupment and concession recoupment fees, airport and airport facility fees, fuel, additional driver fee, or optional items, which shall be the responsibility of winner. Prizes are not redeemable for cash or used for payment on accounts, for the payment of prior or open purchases, and may be non-refundable. Rental car is subject to Budget's eligible driver criteria and the winner's execution of, and compliance with, Budget's standard rental agreement. Valid ID required for all car rentals. The car rental certificate can only be used once and is void upon redemption. Winner must be at least 21 years of age or older to use car the rental certificate. Any unused portion of a car rental certificate will be forfeited, and no residual credit and/or refunds will be issued if certificate is not fully used. Cash value 1/100¢
6. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Newman PR, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
7. Publicity: 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.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 these Official Rules 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.
9. 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 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; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, 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. 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, un-awarded, eligible prize claims.
10. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the "Florida Keys Summer Getaway!" Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court Southern District of Florida or the appropriate Sixteenth Judicial Circuit Court of Florida located in Monroe County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the "Florida Keys Summer Getaway!" Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will the entrant be permitted to obtain awards for, and the entrant hereby waives all rights to claim, indirect, 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 entrant and Sponsor in connection with the "Florida Keys Summer Getaway!" Sweepstakes, 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.
12. Winner List: For a winner list, visit www.floridakeyswin.com/winner. The winner list will be posted after winner confirmation is complete.