Sandals and Beaches “Post Stay Survey” Q3, 2024 SweepstakesOFFICIAL RULES

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.

The Sandals and Beaches “Post Stay Survey” Q3, 2024 Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and Canada only and shall only be construed and evaluated according to USA and Canadian laws, and applicable state or province laws. Do not enter this Sweepstakes if you have permanent residence outside of the USA or Canada or are otherwise ineligible in accordance with these Official Rules at the time of entry.

 

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Unique Travel Corp. worldwide representative of Sandals and Beaches Resorts, located Calle Aquilino De Guardia, No. 8, IGRA Building, Panama, Republic of Panama (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).

 

ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the USA and Canada, who are at least eighteen (18) years of age at the time of entry (the “Entrants”). The Sponsor, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law(For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)). 

 

AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. 

 

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on July 1, 2024 and ends at 11:59:59 p.m. EST on September 30, 2024 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Approximately four (4) days after departure from a Sandals or Beaches Resort, guests will receive an automatic email to fill out a survey on their recent stay at the Resort. After guests have fully completed the survey, they will automatically receive one (1) entry into the Sweepstakes. Resort surveys will not be judged or graded. Limit one (1) entry per Entrant.

 

Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes or in any other manner consistent with Sponsor’s Privacy Policy, available at www.sandals.com/privacy-policy.

 

The Website contains materials that are owned by or licensed to the Sponsor. Entrants may not copy, reproduce, download, upload, post distribute, republish, retransmit, perform or modify in any way any of the materials on the Websites, including without limitation, any images or written material without the Sponsor’s prior written permission. All rights and licenses not expressly granted to Entrants in these terms are reserved for the Sponsor.

 

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

 

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE. 

 

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR PROVINCE OR TERRITORY OF THE USA OR CANADA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

DRAWING AND NOTIFICATION: The potential Winner will be selected in a random drawing from among all eligible entries received. The Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about October 10, 2024. The potential Winner will be contacted by the Sponsor (or Administrator) via phone, email and/or USPS mail. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.

 

GRAND PRIZE & PRIZE CONDITIONS: There will be one (1) Grand Prize awarded following the conclusion of the Promotion Period. The Grand Prize Winner (“Winner”), upon confirmation of eligibility, will receive a 4-day/3-night "All-Inclusive" vacation package for two (2) adults (for travel a year from the printed prize certificate) to a Sandals Resort or Beaches Resort of Winner's choice (excluding Sandals Royal Plantation, Sandals Barbados, Sandals LaSource and Sandals Emerald Bay) (“Prize” or “Grand Prize”). The Prize includes one room (double occupancy) Deluxe Suite and "All-Inclusive" amenities offered at the selected or designated resort, including local airport transfers, unlimited food and beverages (including premium brand drinks), an array of land and water sport activities (scuba diving for certified divers), daily and nightly entertainment, Wi-Fi in all rooms and public areas, resort gratuities and resort taxes.  "All-Inclusive" amenities are subject to change and are to be determined by Sponsor in its sole discretion. The Grand Prize will be issued in the form of a prize certificate redeemable by filling in requested information and mailing back to the address indicated. The Grand Prize Winner must call the given telephone extension on the prize letter to arrange trip details. Note: Airfare is not included. If the Winner is unable to redeem the Prize within the time period required, the Prize will be forfeited. The choice of resort is subject to availability and blackout dates determined by the Sponsor. Request must be placed no less than sixty (60) days prior to the requested departure date. Reservations will not be confirmed until thirty (30) days prior to departure date. The Winner and travel companion must obey all local laws in regard to lodging restrictions. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to; ground transportation, airfare, personal charges at lodging, telecommunication charges, security fees, island departure taxes, Red Lane® Spa treatments and services, specialty dining, tours & excursions, inter-island transportation, SCUBA certification courses, purchases made at the Sandals or Beaches Specialty or Gift Shops or other expenses or incidentals are not included and are the responsibility solely of the Winner. The Winner's travel companion must also execute liability/publicity releases prior to travel. The Winner and travel companion are solely responsible for obtaining documents necessary for their respective international travel (i.e., passport and visa if applicable). Restrictions, conditions and limitations may apply. The Approximate Retail Value ("ARV") of this prize trip is: $2,970 - $3,538USD. The Grand Prize is not redeemable for cash. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to substitute the Prize or Prize component with another of equal or greater value. The Winner is responsible for all taxes and fees associated with Prize receipt and/or use. 

 

Rights are reserved for Sandals and Beaches Resorts to advise the confirmed prize winner of the need to substitute the selected resort for another resort in the resort’s chain in a similar category, and to change dates without prior notice should circumstances so require. The Terms and Conditions agreed to shall apply with equal applicability to any resort which is the subject of substitution or deviation.  The Sponsor nor the resorts shall be liable for any claim made whatsoever, including but not limited to loss, compensation, or refund by reason of such substitution or deviation. 

 

Health & Safety: The health and safety of our guests is our number one priority, and the Hotel reserves the right to implement or modify health protocols, policies and procedures at any time as needed, in keeping with public health guidance and applicable law.

 

Compliance With Government Entities: The Sponsor its affiliates, and parent as well as Sandals Resorts and/or resort related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of the Agreement or any agreement entitling the Influencer to assert any claim for liability, compensation or refund.

 

Travel Safety Warning: Due to the fact that travel and tourism are constantly in a state of flux, the Winner shall consult the U.S. State Department’s website at travel.state.gov and enter the name of the country(ies) that they plan to visit for the latest information concerning traveler safety, security, and health advisories. All guests are responsible for checking the travel and entry protocols for the destination that they are travelling to before they depart and ensuring that they fully understand and comply with any such protocols. For example, for some destinations, may require all guests to be fully vaccinated and/or to obtain a negative PCR Covid-19 test a certain number of days before and on return travel. Please visit the travel.state.gov website before travel and check the official Government website for the country you are visiting. The Sponsor and/or Sandals Resorts shall not be responsible for any additional costs incurred for any required test or any other pre-travel or post travel requirements. 

 

By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if USA resident) or a Declaration of Compliance (if Canadian resident) in order to claim his/her Prize. In addition, the Winner’s traveling companion will be required to complete and return a Travel Companion Waiver within the same time deadline (listed above). The Winner may also be requested to complete an IRS W9 form (or W8-BEN for a Canada resident).  Note: The Affidavit sent to a USA potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize (applicable to USA Winner only). The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached or does not reply as instructed within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

 

Should a selected Winner be a Canadian citizen, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer the question, he/she will be disqualified and another Entrant will be randomly selected. The potential Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential Winner is determined to be less than the age of majority in his/her province of residence, then the potential Winner will be disqualified and an alternate Winner will be selected in their place. 

 

By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges 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, relative to the Prize.

 

USE OF DATA: Information collected from Entrants is subject to the Privacy Policy/Statement of the Sponsor that can be linked from http://www.sandals.com/privacy-policy. Entry into the Sweepstakes further constitutes the Entrants’ representation of eligibility, consent to participate and consent for the Sponsor to obtain, use and transfer your name, telephone number, mailing address, email address and other information obtained through the entry for the purpose of the Sweepstakes administration and Prize redemption. All Entrants who “opt-in” to receive future communications from the Sponsor regarding marketing promotions, special savings and event notifications about Sandals and Beaches Resorts will have the ability at any time to opt out of receiving any future marking promotions or events.

 

DISPUTES: By entering the Sweepstakes, Entrants agree that: 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 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; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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, shall be governed by, and construed in accordance with the laws of the Republic of Panama without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the Republic of Panama. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.

 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein. 

 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein.  The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant. 

 

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by November 30, 2024, to: ASC/UTC Post Stay Q32024 Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.