NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
SWEEPSTAKES TIMING: The Summer Shellcation Sweepstakes(the Sweepstakes”) begins on Friday, May 5, 2017 at 10:01 a.m. Eastern Standard Time (“EST”) andends on Friday, June 30, 2017 at 11:59 p.m. EST (the “Sweepstakes Period”). There will be one (1) Grand Prize drawing on July 5, 2017 to award one (1) prize. Entry in this Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Beaches of Fort Myers and Sanibel, 2201 2nd Street, Suite 600, Fort Myers, FL 33901 (the “Sponsor”) and COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA 01702 www.cfapromo.com (the “Administrator”), whose decisions shall be final and legally binding in all respects.
This Sweepstakes is open to legal residents of the 50 United States including the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsor, Administrator, MMGY Global, Sweepstakes prize suppliers, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and Sweepstakes agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor.
HOW TO ENTER: Complete the online Official Entry Form found online at http://www.fortmyers-sanibel.com/national-sea-shell-day/. Registration will include the following: name, complete address, city, state, zip, email address, telephone number, and agree to the Official Rules. After you have submitted your registration, you will automatically be entered into the Sweepstakes.
Limit: One (1) entry per person per calendar day over the Sweepstakes Period.
Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. The Sponsor's computer will be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified.Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
PRIZES/ODDS: Only the prizes listed below will be awarded in this Sweepstakes. Odds of winning depend on the total number of valid entries received.
GRAND PRIZE(7/5/2017 drawing date):
One (1) Grand Prize Package Includes:
5 days/4 nights at Pink Shell Beach Resort & Marina. Expiration date of November 1, 2018. Any requests to take the trip after this date will not be honored. Resort blackout dates include all U.S. holidays or other high demand periods. ($1,250)
Air travel for four (4) persons provided by Allegiant into Punta Gorda, FL via four (4) $250 travel vouchers for use exclusively on Allegiant.com for flights departing from any Allegiant origin market in the continental U.S. Winner is responsible for any amount in excess of the $1,000 travel allowance during the booking process via their credit card. Vouchers are one-time us, meaning that no credit for remaining/unused value will be available for future Allegiant purchases. Vouchers expire one year from issue date and cannot be extended. ($1000)
Approximate retail value of this prize package $2,250. NO GROUND TRANSPORTATION INCLUDED.
Grand Prize winner will be required to complete and return an Affidavit of Eligibility andLiability/Publicity Release and W-9 tax payers request for identification form, which must be signed by the winner and received by Sponsor or its designated agent within seven (7) days of the date printed on the notification or otherwise an alternate prize winner will be selected from all remaining eligible entries.
Prize is provided on an “as is” basis, without any warranty of any kind and are non-transferable. Prize may not be redeemed for cash or substituted in any manner by any prize winner; provided, however, Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable.
Prizes that include accommodations, the request for desired travel dates must be made in writing to the designated representative via email no later than thirty (30) days prior to desired travel; provided, however, accommodations, are all subject to availability and Sponsor cannot guarantee the accommodation of requested dates.
Prize winner and his/her guest must have valid travel documents (e.g., government issued I.D., passport, etc.) as required by hotels to register prior to departure and failure to do so may result in forfeiture of prize. Any missed portion of the prize is forfeited in its entirety and no substitution will be provided.
Prize winner is responsible for any and all applicable fees, service charges, surcharges, all insurance, federal, state, local taxes, if any, gratuities, meals, flights, incidental charges and any other unspecified expenses associated with acceptance or use of the prize.
All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the marketplace and date the winner selects to participate in the prize package. If the prize or the prize notification letter is returned as undeliverable or any non-compliance with the Official Rules or failure to respond and execute and return the appropriate forms within the applicable time period, it will result in forfeiture of the prize and an alternate prize winner will be randomly selected from all remaining eligible entries received.
WINNER SELECTION DATES AND NOTIFICATION:
The Grand Prize drawing will be conducted on Wednesday, July 5, 2017. Conduct of the Sweepstakes and the drawings are under the supervision of the Administrator. Prize winner will be notified by phone and/or by email or mail or express mail, whichever is deemed appropriate by the Sponsor, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (4) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable such prizewinner will forfeit his or her prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
5.GENERAL PRIZE RESTRICTIONS/CONDITIONS:BY ENTERING, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Sweepstakes Entities, and their respective affiliates, parents, owners, franchisees, officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final.Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
6.PUBLICITY RELEASE: Acceptance of any prize constitutes prize winner's permission for the Sweepstakes Entities to use prize winner's name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.
7.DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
8.LIMITATION OF LIABILITY:The Released Parties are not responsible for, and entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes and (vi) use of any prize.
9.DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of Florida, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and 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 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 State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
WINNERS LIST:To obtain the name of the Grand Prize winner, send a self-addressed stamped envelope to: Summer Shellcation Sweepstakes, 4601 Madison Avenue, Kansas City MO 64112. All such requests must be received by 7/21/17.
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