FROM DIAMOND RESORTS INTERNATIONAL®
Diamond Resorts Undercover Guest Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES.
Sweepstakes begins at 4:00 PM Pacific Daylight Time (“PDT”) on Monday, September 9, 2013 and ends at 11:59 PM PDT on Thursday, November 7, 2013. ("Sweepstakes Period").
ELIGIBILITY: The Diamond Resorts Undercover Guest Sweepstakes
(the "Sweepstakes") is open to legal U. S. residents, except those residing in AZ, FL, HI, ID, MO, NE, NJ, NV, NY, RI, WV, who are 18 years of age or older [or the age of majority in their jurisdiction of residence] as of date of entry. Employees and directors of West Maui Resort Partners L.P., and Diamond Resorts International Marketing, Inc., 10600 West Charleston Blvd., Las Vegas, NV 89135 (hereinafter collectively referred to as "Sponsor") or any of their parent companies, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to verify the eligibility of winner. Void where prohibited or restricted by law.
PRIZES: GRAND PRIZE WINNERS:
Four (4) grand prize winners will be awarded lodging for four (4) people for seven (7) days and six (6) nights at a select Diamond Resorts destination, and coach round trip airfare for four (4) from/to the closest major U.S. airport in the state of the winner's residence ($3,000 maximum for airfare) (“Grand Prize Winner(s)”). The estimated total retail value of each grand prize is approximately $4,547 - $5,233 U.S. Dollars (the "Prize"). Actual value depends on the location of the winner’s residence and actual airfare costs. Selection of which Diamond Resort location each winner will visit and go undercover is at the Sponsor’s sole discretion. Total ARV of all grand prizes to be awarded is approximately $18,188 - $20,932.
TO ENTER: REGISTRATION ENTRY FORM:
For a chance to win the Prize, during the Sweepstakes Period, visitors can enter the Sweepstakes by filling out an online entry form at www.diamondresorts.com
(the "Website"). LIMIT ONE (1) ENTRY PER PERSON PER DAY, submitted via entry form on the Website.
In the event more than one entry is received from any one person on any given day, the first entry processed will be considered the only valid entry received. In the event of a dispute, entries made on the Website will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any potential winner may be required to show proof of being the authorized account holder. Sponsor is not liable for late, lost, stolen, incomplete, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
By sharing that you entered the Sweepstakes (and the unique entry URL provided) via Facebook, Twitter, Pinterest and/or Google+ at the time of entry, an additional Sweepstakes entry will be earned. A limit of one (1) additional Sweepstakes entry per person, per hour may be earned. A limit of twenty-four (24) entries can be made in a twenty-four (24) hour period of time.
For each person who has not previously entered the Sweepstakes online, who clicks on the unique entry URL link shared by an entrant and subsequently enters the Sweepstakes, the referring entrant earns an additional entry. There is no limit to the number of additional entries that can be earned through this referral incentive. If, however, more than one person refers the same entrant, only the first person who makes the referral will receive an entry.
SELECTION OF GRAND PRIZE WINNERS:
Using an electronic random drawing method, Sponsor will select the name of the potential four (4) Grand Prize Winners, on the following dates and times:
- The first drawing will be held on or about September 24, 2013. Sponsor will select the name of potential Grand Prize Winner from eligible entries received prior to September 23,, 2013 at 11:59 PM PDT.
- The second drawing will be held on or about October 9, 2013. Sponsor will select the name of potential Grand Prize Winner from eligible entries received prior to October 8, 2013 at 11:59 PM PDT.
- The third drawing will be held on or about October 24, 2013. Sponsor will select the name of potential Grand Prize Winner from eligible entries received prior to October 23, 2013 at 11:59 PM PDT.
- The fourth and final drawing will be held on or about November 8, 2013. Sponsor will select the name of potential Grand Prize Winner from eligible entries received prior to November 7, 2013 at 11:59 PM PDT.
The odds of winning are based on the number of eligible entries received. Each potential Grand Prize Winner will be notified by e-mail and phone within seven (7) days after the drawing in which their name was chosen as a potential winner. If prize notification e-mail is returned as undeliverable, or if a winner is disqualified or otherwise determined to be ineligible or cannot travel during the designated week or declines to verbally accept prize within 24 hours of notification, or return requested notarized documents within three (3) days of contact by Diamond Resorts International®, an alternate winner will be chosen by random drawing within five (5) days of the date winner is determined to be ineligible. Alternate winner must satisfy all eligibility requirements. If an alternate winner for a specific prize is disqualified or determined to be ineligible or declines to accept the prize, prize will be forfeited and Sponsor is under no further obligation to hold an alternate winner drawing. Potential winners must meet the following criteria to be considered actual winners: 1) must have the ability to travel during the specific travel window designated based upon their drawing date 2) must agree to travel to the Diamond Resort destinations selected by Sponsor 3) must agree to provide a photograph of themselves and anyone else who will be accompanying them on their Undercover Guest vacation 4) must agree to sign a release to be videotaped and provide feedback on the resort experience 5) must have never previously traveled to the geographic location selected for the vacation. Winning the prize is contingent upon fulfilling all requirements set forth herein. By entering, each participant agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to this Sweepstakes.
Any and all fees and costs and all applicable federal, state, and local taxes and expenses related to acceptance and use of the prizes not specifically stated herein, including but not limited to, change of air travel fees, transportation to and from airport, automobile insurance, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, security fees, gratuities and/or other expenses, are the sole responsibility of the individual prize winner. Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prize(s) or components of a prize. Limit: One (1) prize per household; no more than one prize will be awarded to an entrant. Once an entrant has been selected as a potential Grand Prize winner for any prize, they become ineligible to receive additional prizes in the Undercover Guest Sweepstakes. No more than four (4) prizes will be awarded total. Prize cannot be used in conjunction with any other promotion or offer. All prize details are at Sponsor’s sole discretion. Sponsor is required by law to report the prize winner to the IRS. An IRS form 1099 will be issued to each winner.
Travel restrictions and conditions may apply, including advance booking requirements and availability limitations; Grand Prize trip for the September 24th drawing must be taken October 19 - 25, 2013. Grand Prize trip for the October 9th drawing must be taken October 26 - November 1, 2013. Grand Prize trip for the October 24th drawing must be taken January 18 - 24, 2014. Grand Prize trip for the November 8th drawing must be taken January 25 - 31, 2014. Failure to commit to travel during these dates within 24 hours of prize notification will result in forfeiture of the prize and Sponsor will have no further obligation to such winner.
||Required Travel Dates
||October 19 - 25, 2013
||October 26 - November 1, 2013
||January 18 - 24, 2014
||January 25 - 31, 2014
Sponsor reserves right to change dates. Grand Prize Winner’s travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. If Grand Prize winner lives within a 100 mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Once scheduled, the itinerary cannot be altered except at Sponsor's sole and unfettered discretion. No refunds or credit for changes are allowed, and no refunds or compensation will be made in the event of cancellation or delay of any flight or any portion of it. All travelers must possess valid travel documents to include valid government identification and passport where needed. Airline carrier's regulations and conditions apply. Travel is subject to the terms and conditions set forth in the Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. Trip(s) may not be combined with any other offer and travelers may not qualify for frequent flyer miles. Travel must be completed during the dates specified above or alternate undercover guest will be chosen. Sponsor will, in its sole discretion; determine which airport is closest to the winner’s home. Winner and guest must travel together. Travel is subject to availability and blackout dates. Winner’s guest must be age of majority or older in his/her jurisdiction of residence, or if guest is a minor child, guest must be accompanied by his/her parent or legal guardian if Winner is not child’s parent or legal guardian. If Winner’s guest is a minor and the Winner is not the minor’s parent or legal guardian, Sponsor is not responsible for any expenses incurred as a result of the parent or legal guardian accompanying the minor on the trip; and the minor must stay with the parent or legal guardian in the parent’s or legal guardian’s accommodations during the trip. Guest (or if a minor, his/her parent/legal guardian) must execute a release of liability and publicity release (where legal) prior to issuance of tickets or travel vouchers. In the event Winner and/or guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Winner and/or guest home with no further obligations or compensation whatsoever to Winner and/or guest (which may, in Sponsor’s sole discretion, result in such Winner’s disqualification and forfeiture of any (and/or all) prize(s). In the event Winner or guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Winner or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner or guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LEGAL IMPLICATIONS OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE PRIZE.
Potential Grand Prize Winners are required to commit to travel within 24 hours of notification and will be required to sign and return an Affidavit of Eligibility/Release of Liability and, except where prohibited, a Publicity Release within four (4) days of notification. Non-compliance with this time period or return of prize notification as undeliverable may result in disqualification. This Sweepstakes is governed by the laws of the United States. Sponsor reserves the right to suspend, modify, or cancel this Sweepstakes at any time without notice or obligation. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process of the Sweepstakes.
Winners will be required to “go undercover,” provide feedback on their vacation experience, and will also be required to sign a consent/release, which will allow Sponsor or its agencies to videotape the vacation and will cooperate with all requirements of such video capture, without further compensation.
Entrants authorizes Sponsor to contact them by text, e-mail, cell/telephone using an automatic dialer or mail regarding publications and information relating to its products, offers and services for marketing purposes by Sponsor, and its affiliated companies. Entrant understands that they are not required to give consent as a condition of purchasing any goods or service. Entrant may withdraw consent at any time by sending a written request to this effect to the address below:
Diamond Resorts International
Attn: Legal Department
10600 W. Charleston Blvd., Las Vegas, NV 89135
Participation in this Sweepstakes constitutes agreement by Entrant to be bound by these Official Rules. By entering in Sweepstakes, Entrant agrees to execute any documents and instruments and take any further acts as Sponsor may reasonably request in order to effectuate the terms and conditions of Sweepstakes. All Entrants will conduct themselves in a decorous manner at all times during their participation in the Sweepstakes. Sponsor reserves the right to disqualify any Entrant if such Entrant has engaged in, or during the Sweepstakes engages in, any act which, in Sponsor's sole judgment, involved moral turpitude or which brings Sponsor or Entrant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE AND LIMITATIONS OF LIABILITY:
By participating in this Sweepstakes, entrants agree that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their respective officers, directors, employees, representatives and agents (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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than 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.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS 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 SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. SPONSOR AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENTS, 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, THE 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. ENTRANTS 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 ENTRANTS OR ANY THIRD PARTY.
Except where prohibited, entrant agrees that: Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a State of Nevada Court of Law; (2) any and all claims, judgment, 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; (3) 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, 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 Nevada, without giving effect to any choice of law or conflict of laws rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada.
OFFICIAL RULES AND WINNER'S LIST:
For a copy of the Official Rules and the Winner's name and city of residence [available for ninety (90) days after winner selection], send a stamped, self-addressed envelope to: Attn: National Marketing Center, Undercover Guest Winners List, 10600 W. Charleston Blvd, Las Vegas, NV 89135.
Any names and addresses acquired will be used for the purpose of soliciting the sale of time-share interests. A fact sheet on facilities including association assessments is available upon request. CA DRE Lic. # 134761HS-A06. CA DRE Lic.# 134852HS-A50. The developers are Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC. The sponsoring brokers are Diamond Resorts International Marketing, Inc. and West Maui Resort Partners, L.P. (B). The location and mailing address of the developers and sponsoring brokers is 10600 West Charleston Boulevard, Las Vegas, Nevada 89135. As of July 1, 2013, the price of points in the Diamond Resorts U.S. and Hawaii Collections start at $7.50 per point and a minimum purchase of 2,500 points is required. Pricing is subject to change.
This is neither an offer to sell nor a solicitation to buy to residents in jurisdictions in which registration requirements have not been fulfilled, and your eligibility and the resorts available for purchase will depend upon the state of residency of the purchaser.
THIS PROMOTION IS BEING USED FOR THE PURPOSE OF SOLICITING TIMESHARE SALES in the U.S. and Hawaii Collections.