Sweepstakes Rules
FROM DIAMOND RESORTS INTERNATIONAL®
Diamond Resorts Side by Side Golf Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT WILL NOT IMPROVE ENTRANT'S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL, REGULATIONS, AND ORDINANCES. Void where prohibited by law. Sweepstakes begins at 11:00 AM Pacific Daylight Time ("PDT") on Thursday, September 29, 2016 and ends at 10:59 AM PDT on Monday, October 2, 2017 ("Sweepstakes Period"), and includes a distinct Initial Entry Period as described below. Sponsor’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC.
1. ELIGIBILITY
The Diamond Resorts Side by Side Golf Sweepstakes (the "Sweepstakes") is open to legal residents of the United States and the District of Columbia (except those residing in ID, NE, NJ, PR, WV, US Virgin Islands and other US territories and possessions and military installations), who are at least twenty-one years of age as of the date and time of entry. West Maui Resort Partners L.P., and Diamond Resorts Holdings, LLC., both located at 10600 West Charleston Blvd., Las Vegas, NV 89135 (hereinafter collectively referred to as "Sponsor"), Trivergance Business Resources ("Marketer"), or any of their employees, officers, directors, parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, the “Sweepstakes Entities”), 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. 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. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner. Any entry shall be rendered void if it is in contravention of these Sweepstakes Rules ("the Official Rules") or where prohibited or restricted by law.
2. ENTRY: Participants ("Entrants") may enter the Sweepstakes during the Sweepstakes Period by filling out completely and accurately an online entry form at www.diamondresorts.com/golfsweepstakes (the "Website") or any other microsite or online form as identified by Sponsor during the Sweepstakes Period, or via a paper or electronic form available at various events and festivals where Diamond Resorts is participating. Entrants may enter at any time during the Sweepstakes Period for a chance to win the Grand Prize, however only Entrants that enter between September 29, 2016 at 10:59 AM PDT and November 17, 2016 (“Initial Entry Period”) will have a chance to win the First or Second Prizes. Subject to the Sharing and Video Incentives listed below, participation is LIMITED TO ONE (1) ENTRY PER PERSON PER 24 HOUR PERIOD. In the event more than one (1) entry is received from any one (1) person during a 24 hour period, the first entry processed will be considered the only valid entry received from that Entrant. In the event of a dispute regarding an entry, entries 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. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same e-mail address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, e-mail addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any Prize will be awarded.
SHARING INCENTIVE: Entrants can share that they have entered the Sweepstakes at the time of completing the entry form (together with the unique entry URL provided by Sponsor's website) via Twitter or e-mail. When you share that you have entered the Sweepstakes on Twitter or e-mail, you must include the hashtag #SBSsweepstakes (or any other hashtag provided by Sponsor containing the word “sweepstakes”). Entries that do not include any required hashtag or are not received by Sponsor will not be eligible and will be disqualified. You may go to www.twitter.com to get a free Twitter account if you do not already have one. For each person that has not previously entered the Sweepstakes, who clicks on the unique entry URL posted on Twitter or sent in an e-mail by an Entrant and subsequently enters the Sweepstakes, the original Entrant will earn two (2) additional entries. There is no limit to the number of additional entries that an Entrant can earn through this incentive. If, however, more than one Entrant shares their unique URL for the Sweepstakes with the same person and such person enters the Sweepstakes, only the Entrant whose URL resulted in the person’s first entry will receive the additional two (2) entries.
ADDITIONAL BONUS ENTRIES: Entrants can earn one (1) additional entry by viewing a short video about the Diamond Resorts Invitational. Entrant will automatically receive one (1) bonus entry upon viewing the video. There is one (1) video and while the video may be viewed multiple times, the extra entry will only apply the first time the video is viewed. Sponsor reserves the right to change the Video at any time during the Sweepstakes.
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. Entrants agree that Sponsor shall own the entries, which will not be acknowledged or returned.
3. SELECTION AND NOTIFICATION OF WINNERS/ODDS:
First and Second Prize Drawing: Sponsor will select one (1) potential First Prize winner and one (1) potential Second Prize winner using an electronic random drawing method from the pool of all eligible entries received up until the end of the Initial Entry Period. Entries must be received by 10:59 am PDT on the date of the drawing. Potential winners will be chosen on or about Thursday, November 17, 2016. All non-winning entries will be rolled over and will be eligible for the Grand Prize drawing. Odds of being selected as a potential First or Second prize winner are based on the total number of eligible entries received up until the date and time of the drawing. Entrants that are selected as potential winners of the First Prize and the Second Prize are not eligible to win the Grand Prize.
Grand Prize Drawing: Sponsor will select one (1) potential Grand Prize winner using an electronic random drawing method from the pool of all eligible entries received up until the end of the Sweepstakes Period and will exclude any entrant who has won a First or Second Prize Drawing. Potential winners will be chosen on or about Monday, October 2, 2017. Odds of being selected as a winner are based on the total number of eligible entries received up until the date and time of the drawing.
The potential winner of the First, Second and Grand Prize Drawing will be notified by e-mail and/or telephone within three (3) days after the drawing in which their name was chosen as a potential winner and will be advised of the prize that they are eligible to win. If any prize notification telephone call is not answered after three (3) attempts and/or if the e-mail notification is not answered within three (3) days or returned as undeliverable; or if potential winner and his/her guests are unavailable to travel within any time period specified by Sponsor; or if a potential winner is disqualified or otherwise determined to be ineligible or declines to accept the prize for any reason ; or if a potential winner otherwise refuses or fails to comply with the Acceptance Criteria detailed below; the prize will be forfeited and an alternate potential winner may be selected at random from the remaining eligible entries received.
4. ACCEPTANCE CRITERIA: Potential winner must consent to each of the following Acceptance Criteria to be considered an official winner:
Verification of Potential winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. THE PRIZES: Approximate Retail Value (“ARV”) of Grand Prize: $10,200; ARV of First Prize: $15,000; ARV of Second Prize: $5,000. Total ARV of all Prizes to be awarded: $30,000. Limit one Prize per person and per household. ARV of Prizes may vary depending on point of departure, travel dates and fare/rate fluctuations.
GRAND PRIZE: A total of one (1) Entrant (the "Grand Prize winner ") will receive a five (5) day/four (4) night vacation in Orlando Florida for Grand Prize winner and up to three (3) guests, staying at the Diamond Resorts International® Mystic Dunes Resort and Golf Club, including:
FIRST PRIZE: A total of one (1) Entrant (the "First Prize winner") will receive a four (4) day / three (3) night trip First Prize winner and up to three (3) guests to the Brian Gay Pro-Am Golf Tournament from Tuesday, January 10, 2017 – Friday, January 13, 2017, including:
SECOND PRIZE: A total of one (1) Entrant (the "Second Prize winner") will receive a Four (4) day/Three (3) night trip for Second Prize winner and up to three (3) guests to the 2017 Diamond Resorts Invitational from Thursday, January 12, 2017 – Sunday, January 15, 2017, including:
Total ARV of all prizes to be awarded: $30,000. ARV of prizes may vary depending on point of departure, travel dates and fare/rate fluctuations.
6. PRIZE RESTRICTIONS: Sponsor reserves the right to offer only the stated number of prizes (three (3) in total) by random drawing among all legitimate, un-awarded, eligible prize claims. No more than one (1) prize will be offered to an Entrant and only one (1) prize will be offered per household. First and Second Prize winner will be removed from any further drawings and will not be eligible to receive any further prizes. All potential winners must travel during the dates that are associated with the specific prize they have won. Any potential winner who cannot travel during the dates assigned to their prize may forfeit the prize and a new winner may be drawn. Winner must be a member of the travelling party on all occasions.
No refunds, compensation or alternative dates will be offered to the winner in the event of cancellation of a confirmed reservation by the winner, except at the sole discretion of Sponsor. Prizes cannot be substituted, assigned, transferred, or redeemed for cash by winner. Travel restrictions, conditions and limitations may apply. Any person that participates in the Prize that is not deemed to be a guest must pay his/her own expenses. All meals, ground transportation and incidentals not described herein and incurred by winner and his/her guests will be the sole responsibility of the winner and/or his/her guests. Winner and guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of government-issued identification and a major credit card. Air transportation and hotel accommodations must be taken together and cannot be taken separately.
Airfare / flights – Winner’s travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. If 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. Potential winner and his/her guests must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s sole discretion. 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. Sponsor will not replace any lost or stolen flight tickets. Airline carrier's regulations and conditions apply as detailed in the passenger ticket contract. Flights may not qualify for frequent flyer miles. Sponsor will in its sole discretion determine which airport is closest to the winner’s home. Guests may travel from different airports but must arrange to arrive close to the same time as winner at the Orlando airport in order to qualify for the transportation to Mystic Dunes Resort. Winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
All members of the winner's party must possess valid travel documents, including valid government identification. 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, air travel fees, transportation to and from airport, travel and automobile insurance, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, security fees, gratuities, food, excursions and/or other expenses, are solely the responsibility of the individual prize winner. Winners will be required to complete Form W-9 for tax reporting purposes.
Winner's guest(s) must be of the legal age of majority in his/her jurisdiction of residence, or, if guest is a minor child, guest must be accompanied by his/her parent or legal guardian who shall be one of the four people in the winner’s party. The minor must stay with the parent or legal guardian in the parent's or legal guardian's accommodations during the trip.
To the extent permitted by law, guest (or if a minor, his/her parent/legal guardian) must execute a Liability and Publicity Release prior to issuance of a confirmed accommodation booking. In the event winner and/or guest engages in behavior which (as determined by Sponsor in its sole discretion) is obnoxious, threatening or illegal, or which is intended to threaten or harass any other person, or which 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 vacation early, and send winner and/or guest home, and Sponsor shall have no further obligations whatsoever (including any obligation to pay compensation) to the winner and/or guest in respect of that vacation or any future accommodation and any future reservations will be cancelled.
In the event winner and/or guest engages in behavior during their vacation that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner and/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. TO THE EXTENT PERMITTED BY LAW, 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 FIRST/SECOND/GRAND PRIZE WINNER'S OR GUEST'S ACCEPTANCE OR USE OF THE FIRST/SECOND/GRAND PRIZE.
All prize details are at Sponsor's sole discretion. Sponsor is required by law to report the prize where required. An IRS form 1099 will be issued to the winner.
7. GENERAL CONDITIONS:
Entrants consent that Sponsor and its affiliated companies may contact them for marketing purposes by e-mail, landline telephone using an automatic dialer (for which Entrant agrees that Entrant’s entry constitutes his or her express written consent) or mail regarding publications and information relating to its products, offers and services, including regarding time-share interests.
Entrants may withdraw consent at any time by ticking the "opt in" box in respect to e-mail contact or by sending a written request to this effect to the address below:
Diamond Resorts International
Attn: National Marketing Center
10600 W. Charleston Blvd.
Las Vegas, NV 89135
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, involves 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 reserves the right to suspend, modify, or cancel this Sweepstakes, or any part of it, at any time without notice, to include, but not limited to delaying the start of the Sweepstakes should the Website not be ready to receive entries prior to the start date. Sponsor also 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. The Sweepstakes Entities are not responsible for lost, late, incomplete, illegible, damaged, stolen, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. 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 Entrant is or has attempted 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.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, Entrants agree that Sweepstakes Entities 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; or (5) to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes, downloading any materials, acceptance, possession or receipt or use or misuse of any prize.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE SWEEPSTAKES ENTITIES 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, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE [www.diamondresorts.com/golf-sweepstakes] OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE SWEEPSTAKES ENTITIES 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 SWEEPSTAKES, INCLUDING THE WEB SITE 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.
9. PUBLICITY GRANT: Except where prohibited by law, winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, 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, city/town of residence, voice, likeness, opinions 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.
10. DISPUTES: To the extent permitted by law, 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 a State of Nevada Court of Law; (2) any and all claims, judgments, 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.
11. PRIVACY: Information collected from Entrants is subject to the Sponsor's Privacy Policy, which can be found at https://www.diamondresorts.com/Privacy-Policy.
12. OFFICIAL RULES AND WINNER'S LIST: For a copy of the Official Rules and the winners' names and city of residence available for ninety (90) days after winner selection, visit www.diamondresorts.com/sweepstakes-winner-list or send a stamped, self-addressed envelope to: Attn: National Marketing Center, Diamond Resorts Side by Side Golf winners List, 10600 W. Charleston Blvd, Las Vegas, NV 89135.
13. MISCELLANEOUS: Any names and addresses acquired during the course of this Sweepstakes 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 BRE Lic. # 134761HS-A10. CA BRE Lic.# 134852HS-A97. AZ Filing # US Collection: DM04-048071. HI Collection: DM06-052270. 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 October 1, 2016, the price of points in the Diamond Resorts U.S. Collection start at $8.52 per point and Diamond Resorts Hawaii Collection starts at $9.93 per point. A minimum purchase of 2,500 points and a minimum points holding of 5,000 points is required. Pricing is subject to change.
This sweepstakes is neither an offer to sell nor a solicitation to residents in jurisdictions in which registration requirements have not been fulfilled, and your eligibility will depend upon the criteria in these Official Rules, including the state of residency of the Entrant. Please confirm.
THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING TIMESHARE SALES in the U.S. and Hawaii Collections.
Copyright ©2016 Diamond Resorts International Marketing, Inc. Diamond Resorts International and other logos or trademarks listed herein are trademarks of Diamond Resorts Holdings, LLC. in the U.S. and other countries. Twitter, Inc. and PGA of America are not affiliated or sponsored with this Sweepstakes in any way. All rights reserved.