FROM DIAMOND RESORTS INTERNATIONAL®
Diamond Resorts Gear Up to Stay Vacationed.® Sweepstakes
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 Monday, November 14, 2016 and ends at 10:59 AM PDT on Monday, November 13, 2017 ("Sweepstakes Period"). 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 FACEBOOK, INC., INSTAGRAM, INC., YOUTUBE, LLC, OR TWITTER, INC.
The Diamond Resorts Gear Up to Stay Vacationed.® 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), the United Kingdom and Canada (except Quebec), who are at least twenty-one years of age as of the date and time of entry. If any entry received from a resident of Canada is selected as a potential winner, potential winner will be subject to the process outlined in the section titled "SELECTION AND NOTIFICATION OF WINNERS". West Maui Resort Partners L.P., and Diamond Resorts International Marketing, Inc., both located at 10600 West Charleston Blvd., Las Vegas, NV 89135 (hereinafter collectively referred to as "Sponsor"), Trivergance Business Resources, 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/sweepstakes (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 or a Weekly Prize, however, only Entrants that enter by 10:59 AM PDT on the applicable Friday will get a chance to win the Weekly Prize for that week. Subject to the Sharing and Video Incentives listed below, participation is LIMITED TO ONE (1) ENTRY PER PERSON. In the event more than one (1) entry is received from any one (1) person, 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 email address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email 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: After completing and submitting an entry form, Entrant will be provided with a unique entry URL (Entrant’s “URL”) which the Entrant is encouraged to share via email, social media and any other appropriate channels, to encourage Entrant’s contacts, friends and others to enter the Sweepstakes. When Entrant shares that Entrant has entered the Sweepstakes, Entrant must (1) include the hashtags #BonusEntry and #GearUpSweepstakes (or any other hashtag provided by Sponsor containing the word “sweepstakes”, collectively, the “Disclosure Hashtags”), and (2) comply with all terms, conditions and other guidance governing such sharing on the relevant social media platform or email service, including any prohibitions on excessive posting or “spamming”. For each person that has not previously entered the Sweepstakes, and who clicks through the Entrant’s URL to enter the Sweepstakes, the original Entrant will earn ten (10) additional entries. There is no limit to the number of additional entries that an Entrant can earn through this incentive. Canadian law prohibits sending email solicitations without express consent of the recipient. If, however, more than one Entrant shares their unique URL for the Sweepstakes with the same person and such person enters the Sweepstakes, all of the additional entries generated by that person’s entry shall be allocated to the Entrant who’s URL the person clicked through to submit his or her first entry.
By participating in this Sweepstakes, Entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in any emails or online social sharing interaction or email that references the Sweepstakes or is used to obtain entries in connection with this Sweepstakes. At a minimum, the Disclosure Hashtags should be included in all social media communications sent pursuant to the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any Entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any communications or online social sharing interaction during the Sweepstakes Period.
ADDITIONAL BONUS ENTRIES: Entrants can earn up to three (3) additional entries by viewing up to three (3) short videos about Diamond Resorts International®, available at www.diamondresorts.com/sweepstakes after entering the Sweepstakes. Each video viewed will automatically result in one (1) bonus entry allocated to the Entrant. The videos may be viewed multiple times, however the Entrant will only get an extra entry the first time Entrant views each video. Sponsor reserves the right to change the videos at any time during the Sweepstakes.
Please note that Entrants using YouTube to obtain additional entries through participating in the sharing incentive or the video incentive must comply with YouTube’s community guidelines, available at
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:
Weekly Prize Drawing: Sponsor will select 52 potential Weekly Prize winners using an electronic random drawing method from the pool of all eligible entries received up until such drawing date. Entries must be received by 10:59 a.m. PDT on the date of the applicable drawing to be eligible for the Weekly Prize for that week. The drawing time and dates are 11 a.m. PDT on Fridays, November 18, 2016; November 25, 2016; December 2, 2016; December 9, 2016; December 16, 2016; December 23, 2016; December 30, 2016; January 6, 2017; January 13, 2017; January 20, 2017; January 27, 2017; February 3, 2017; February 10, 2017; February 17, 2017; February 24, 2017; March 3, 2017; March 10, 2017; March 17, 2017; March 24, 2017; March 31, 2017; April 7, 2017; April 14, 2017; April 21, 2017; April 28, 2017; May 5, 2017; May 12, 2017; May 19, 2017; May 26, 2017; June 2, 2017; June 9, 2017; June 16, 2017; June 23, 2017; June 30, 2017; July 7, 2017; July 14, 2017; July 21, 2017; July 28, 2017; August 4, 2017; August 11, 2017; August 18, 2017; August 25, 2017; September 1, 2017; September 8, 2017; September 15, 2017; September 22, 2017; September 29, 2017; October 6, 2017; October 13, 2017; October 20, 2017; October 27, 2017; November 3, 2017; and November 10, 2017.
All non-winning and winning entries will be rolled over and will be eligible for the next Weekly Prize drawing and for the Grand Prize drawing. Odds of being selected as a potential winner are based on the total number of eligible entries received up until the date and time of each weekly drawing and the Grand Prize drawing, respectively. Entrants that are selected as potential winners of the Weekly Prize are eligible to win the Grand Prize and to win subsequent Weekly Prizes.
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. Potential winner will be chosen on or about Monday, November 13, 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 each Weekly Prize Drawing and Grand Prize Drawing will be notified by e-mail and/or telephone within five (5) days after the drawing in which they are chosen as a potential winner and will be advised of the prize that they are eligible to win. If any potential winner is a resident of Canada, s/he shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, prior to being declared a Winner.
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. Only three (3) alternate drawings will be held for the grand prize, after which any remaining prizes may remain un-awarded.
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: $7,553 - $13,853; ARV of Weekly Prizes: $27,722. Total ARV of all Prizes to be awarded: $37,553 - $41,575. 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 their choice of one (1) of the following amazing vacations: Cabo San Lucas, Mexico; Paris, France; New York, NY; or an Alaskan Cruise, each as further described below:
Beach Retreat in Cabo San Lucas
• 8 days / 7 nights one (1) two-bedroom accommodation for 4 at Cabo Azul Resort
• Round-trip coach airfare for 4 (up to $2,000 towards the cost of flights)
• Spa Day (includes two treatments per person for 4)
• Snorkeling excursion for 4
Shopping Spree in Paris
• 8 days / 7 nights one (1) two-bedroom accommodation for 4 at Royal Regency
• Round-trip coach airfare for 4 (up to $2,000 towards the cost of flights)
• $2,000 Visa gift card for shopping
• 4 tickets to ride to the top of the Eiffel Tower
Alaska Cruise Adventure
• 8 day cruise for 4 in an ocean view cabin
• Round-trip coach airfare for 4 (up to $2,000 towards the cost of flights)
• Wilderness Exploration and Crab Feast - Shore Excursion for 4
City Experience in New York
• 8 days / 7 nights two (2) one-bedroom hotel accommodations for 4 in Manhattan
• Round-trip coach airfare for 4 (up to $2,000 towards the cost of flights)
• 4 tickets to see a Broadway Show (up to $2,000)
• 4 tickets for Statue of Liberty Tour
Approximate retail value (“ARV”) Grand Prize: $7,553-$13,853; ARV may vary depending on residence of winner and which trip the winner chooses. ARV of Prizes may vary depending on point of departure, travel dates and fare/rate fluctuations.
WEEKLY PRIZE: A total of fifty-two (52) Entrants (each, a "Weekly Prize Winner") will receive one of the following prizes:
• Week 1: Tablet (up to $314; draw date is November 18, 2016)
• Week 2: GoPro Camera (up to $260; draw date is November 25, 2016)
• Week 3: Skis (up to $500; draw date is December 2, 2016)
• Week 4: The Electra Townie Go (up to $2,730; draw date is December 9, 2016)
• Week 5: Smart Watch (up to $409; draw date is December 16, 2016)
• Week 6: Golf Clubs (up to $220; draw date is December 23, 2016)
• Week 7: Hiking Boots (up to $200; draw date is December 30, 2016)
• Week 8: Luggage (up to $595; draw date is January 6, 2017)
• Week 9: Drone (up to $350; draw date is January 13, 2017)
• Week 10: Bose Headphones (up to $280; draw date is January 20, 2017)
• Week 11: Netflix One Year Subscription (up to $100; draw date is January 27, 2017)
• Week 12: Backpack (up to $155; draw date is February 3, 2017)
• Week 13: Tablet (up to $314; draw date is February 10, 2017)
• Week 14: Concert Tickets For Two (up to $450; draw date is February 17, 2017)
• Week 15: GPS Device (up to $270; draw date is February 24, 2017)
• Week 16: Stand-up Paddle Board (up to $940; draw date is March 3, 2017)
• Week 17: Mountain Bike (up to $880; draw date is March 10, 2017)
• Week 18: Smart Watch (up to $409; draw date is March 17, 2017)
• Week 19: Kindle (up to $80; draw date is March 24, 2017)
• Week 20: Vivitar 4K ActionCam (up to $140; draw date is March 31, 2017)
• Week 21: Drone (up to $350; draw date is April 7, 2017)
• Week 22: Canoe (up to $294; draw date is April 14, 2017)
• Week 23: Underwater Camera (up to $41; draw date is April 21, 2017)
• Week 24: Global Entry Enrollment Fee (up to $100; draw date is April 28, 2017)
• Week 25: Tablet (up to $314; draw date is May 5, 2017)
• Week 26: Fishing Gear (up to $250; draw date is May 12, 2017)
• Week 27: GoPro Camera (up to $260; draw date is May 19, 2017)
• Week 28: Disney Theme Park Passes For Two (up to $390; draw date is May 26, 2017)
• Week 29: Altec Lansing Mini H2O Speaker (up to $40; draw date is June 2, 2017)
• Week 30: Smart Watch (up to $409; draw date is June 9, 2017)
• Week 31: Coleman Sundome Tent (up to $40; draw date is June 16, 2017)
• Week 32: Fitbit (up to $60; draw date is June 23, 2017)
• Week 33: Sunglasses (up $110; draw date is June 30, 2017)
• Week 34: Surface 3 (up to $599; draw date is July 7, 2017)
• Week 35: Surfboard/Boogie Board (up to $1,000; draw date is July 14, 2017)
• Week 36: Tablet (up to $314; draw date is July 21, 2017)
• Week 37: Digital Camera (up to $448; draw date is July 28, 2017)
• Week 38: Outdoor Apparel (up to $200; draw date is August 4, 2017)
• Week 39: iLive Virtual Reality Headset (up to $40; draw date is August 11, 2017)
• Week 40: Walkie Talkie Set (up to $120; draw date is August 18, 2017)
• Week 41: Tablet (up to $314; draw date is August 25, 2017)
• Week 42: Universal Studios Theme Park Passes For Two (up to $488; draw date is September 1, 2017)
• Week 43: GoPro Camera (up to $260; draw date is September 8, 2017)
• Week 44: Hiking Gear Package (up to $200; draw date is September 15, 2017)
• Week 45: Kayak (up to $536; draw date is September 22, 2017)
• Week 46: Portable Cooler (up to $200; draw date is September 29, 2017)
• Week 47: Inflatable Stand-up Paddle Board (up to $600; draw date is October 6, 2017)
• Week 48: Everpurse Kate Spade (up to $378; draw date is October 13, 2017)
• Week 49: Smart Watch (up to $409; draw date is October 20, 2017)
• Week 50: Snowboard (up to $400; draw date is October 27, 2017)
• Week 51: Vivitar 4K ActionCam (up to $140; draw date is November 3, 2017)
• Week 52: The Electra Townie Go (up to $2,730; draw date is November 10, 2017)
ARV of prizes may vary depending item type, brand, cost at time of purchase.
6. PRIZE RESTRICTIONS: Sponsor reserves the right to offer only the stated number of prizes (53 in total) by random drawing among all legitimate, un-awarded, eligible prize claims. Weekly Prize Winners will be able to possibly win more than one prize, including the Grand Prize. The Grand Prize Winner must have concluded all their travel within 12 months of receiving their award notification. Winner must be a member of the travelling party on all occasions.
Prizes cannot be substituted, assigned, transferred, or redeemed for cash by winner; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen Prizes. Prizes cannot be used in conjunction with any other Sweepstakes or offer.
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. 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 guests 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 or guests live 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. 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 and/or 1099 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 WEEKLY OR GRAND PRIZE WINNER'S OR GUEST'S ACCEPTANCE OR USE OF THE WEEKLY OR GRAND PRIZE, AS APPLICABLE.
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 Entrant 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 out" box in respect to email contact or by sending a written request to this effect to the address below:
Diamond Resorts International
Attn: National Marketing Center
10600 West Charleston Boulevard
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.
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, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, Entrants agree that Sweepstakes Entities, Facebook, Inc., Instagram, LLC, YouTube, LLC and each of their parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (“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; 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 RELEASED PARTIES 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 https://www.diamondresorts.com/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 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 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.
12. OFFICIAL RULES AND WINNER'S LIST: For a copy of the Official Rules visit https://www.diamondresorts.com/sweepstakes/rules and for a copy of the winners' names and city of residence available for ninety (90) days after each winner is selected, visit https://www.diamondresorts.com/sweepstakes-winners-list; or send a stamped, self-addressed envelope to: Attn: National Marketing Center, Diamond Resorts Gear Up to Stay Vacationed.® 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 $10.12 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 Entrant’s 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 for the U.S. and Hawaii Collections.
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