LUXE Destination Weddings Getaway Contest Terms & Conditions
LUXE Destination Weddings Getaway Contest (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
The Contest is open to legal residents of the United States and Canada, excluding residents of the Province of Quebec, who, as at the start of the Contest Period, have reached the age of majority in their province, territory, or state of residence. This Contest is not open to employees, officers, directors, independent contractors, judges, representatives and agents of Sunwing Vacations Inc. dba as LUXE Destination Weddings (“LUXE Destination Weddings”) and its affiliates, or their respective advertising and promotional agencies, dealers, prize suppliers, as well as those with whom any of the foregoing are domiciled (whether legally related or not).
2. THE CONTEST PERIOD
The Contest entry period commences at 12:00 p.m. ET on September 6, 2019 and concludes at 12:00 a.m. ET on October 1, 2019 (the “Contest Period”).
3. HOW TO ENTER
NO PURCHASE NECESSARY. To enter, simply:
1. Follow @RoyaltonResorts, @Luxeweddings, @Royaltonweddings, and @RoyaltonSuitesCancun on Instagram
2. Like the contest post on @Luxeweddings
3. Tag five people in the comments on the @luxeweddings giveaway post – unlimited entries allowed!
By submitting an entry, entrants agree to be bound by these official Contest Rules, which are subject to change in Luxe Destination Weddings’ sole discretion.
4. THE PRIZE
There is one (1) prize (the “Prize”) to be won. The Prize consists of a land only trip which will include the following:
• Seven (7) nights’
standard accommodations for two adults at Royalton Suites Cancun Resort and Spa
in a room based on double occupancy
• All Inclusive meal plan while at Royalton Suites Cancun Resort and Spa
• All hotel taxes and processing fees
The approximate retail value of the Prize is $2,500 USD or $3,300 CAD. The actual value may vary depending on the travel dates.
5. PRIZE CONDITIONS
Travel is valid from December 15, 2019 to September 30, 2020 (the “Travel Period”). Travel is subject to availability and must be requested a minimum of 45 days prior to the requested departure date. Travel must be booked by March 31, 2020 and completed by September 30, 2020. Blackout periods apply, including without limitation:
• Dec 21-31/19
• Jan 1-7/20
• Feb 15 – 20/20
• Mar 25 – 31/20
• Apr 19 – 25/20
• May 9 – 15/20
If the Prize winner is unable to travel during the Travel Period, he or she will be required to forfeit the Prize and an alternate winner may be selected in LUXE Destination Weddings’ sole discretion, pursuant to Section 7 herein. Travel arrangements and reservations regarding the flight must be made according to instructions given to the Prize winner. Once reservations are made, they cannot be changed. All reservations are subject to the terms and conditions located on our website at https://luxedestinationweddings.com/terms-conditions/ (the “Website”). Other restrictions may apply, please contact LUXE Destination Weddings for more information.
The Prize winner and his or her guest must travel together on the same itinerary as approved by LUXE Destination Weddings. The Prize winner and his or her guest must be in possession of a valid passport and other necessary travel documents upon selection, which documents must be valid prior to, for the duration of the trip and for six (6) months thereafter, as required by certain countries. Failure to obtain necessary travel documentation will result in forfeiture of the Prize.
The Prize winner and his or her guest are solely responsible for all incidental costs and expenses not specifically referred to herein as part of the Prize description, including but not limited to, airfare, ground transportation (including transportation to and from the Prize winner’s home), airport improvement fees, travel insurance, medical insurance, trip cancellation insurance, sightseeing tours and other in destination activities, tips, taxes (including, but not limited to, departure taxes, air seat/airline taxes and applicable federal, provincial, municipal, state and/or local taxes on the Prize), travel-related fees/surcharges, baggage fees, costs associated with obtaining travel documents, visas, or necessary vaccinations, or items of a personal nature, additional meals, room upgrade, gratuities, and in-room movies, any medical service or treatment that may be required by the Prize winner or any other service or expense that may arise from any known or unknown circumstances to the Prize winner (collectively, the “Expenses”). The Prize winner and his or her guest shall not seek reimbursement for the Expenses from LUXE Destination Weddings.
Any lost or stolen tickets, travel vouchers or certificates will not be replaced. LUXE Destination Weddings reserves the right to structure travel routes and select hotels in its sole discretion
If the Prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeited.
Elements of the Prize (including, without limitation, lodging) may not be used towards frequent flyer miles or other loyalty programs. The Prize is not valid with any other promotions.
The Prize winner and his or her guest must comply with all applicable laws, including but not limited to, all local laws while in destination.
6. PRIZE SUBSTITUTION
The Prize, and any portion thereof, is non-exchangeable, non-transferable, non-refundable, has no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by LUXE Destination Weddings in its sole discretion. LUXE Destination Weddings reserves the right, in its sole discretion, to substitute and/or modify the Prize or any portion thereof, with a Prize of equal or greater value for any reason.
7. WINNER SELECTION
The winner will be selected on Wednesday October 2, 2019 (“Winner Selection Date”) at the offices of LUXE Destination Weddings located at 171 East Liberty Street, Suite 140, Toronto, Ontario. Odds of winning depend on the total number of eligible entries received during the Contest Period.
The selected entrant will be contacted on social media by a representative of LUXE Destination Weddings within twenty-four (24) hours of the Winner Selection Date by direct message (the method selected is LUXE Destination Weddings’ sole discretion), as provided by the entrant in his or her Contest entry form. LUXE Destination Weddings is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of a social media direct message.
If the selected entrant is unable to be contacted (including failing to return messages phone calls or emails) within two (2) days of the Winner Selection Date, declines to accept the Prize or is found to be ineligible, his or her rights to the Prize shall be forfeited and another eligible entrant may be selected in LUXE Destination Weddings’ sole discretion and pursuant to Section 7 herein.
In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.
8. DECLARATION AND RELEASE OF THE PRIZE WINNER
Before being awarded the Prize:
- (a) if the selected entrant is a Canadian resident, he or she must correctly answer, unaided, a time-limited skill-testing mathematical question during a prearranged telephone call; and
- the selected entrant and his or her guest must each sign and return to LUXE Destination Weddings a standard form Declaration and Release (the “Release Form”) confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing LUXE Destination Weddings, its affiliates and each of their respective officers, directors, employees, representatives and agents from all liability arising in connection with the Contest and the Prize. The Release Form will be emailed to the selected entrant at the email address provided by the selected entrant. The selected entrant is responsible for obtaining and returning signed copies of the Release Form from his or her guest.
In the event that the selected entrant fails to answer the mathematical question correctly, does not return the signed Release Form as instructed by LUXE Destination Weddings and within two (2) days of receipt of such Release Form, or otherwise does not meet all Contest Rules, the selected entrant will be disqualified and the Prize will be forfeited. LUXE Destination Weddings will then award the Prize (subject to these Contest Rules) to another selected entrant drawn from the remaining entries, at its sole discretion.
9. OWNERSHIP OF ENTRIES AND PUBLICITY RELEASE
Entrant retains the copyright in the Materials (as defined below) submitted with his or her entry. Except where prohibited by law, by entering the Contest, each entrant, regardless of whether or not he or she is selected as the Prize winner, grants to LUXE Destination Weddings and its advertising and promotional agencies, and each of their respective parents, affiliates and subsidiaries, an exclusive, perpetual, irrevocable, royalty-free, worldwide license to display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, use and/or reuse, sublicense entrant’s Materials or any portion thereof, and otherwise exploit the entrant’s entry and any other information and material provided by entrant at any time (including, but not limited to, the entrant’s name, city of residence and province, voice, likeness, photograph and likeness of entrant, image or any other aspect of entrant’s personality, photographs, images, video, biography, statements, story and endorsements) (collectively “Materials”), in whole or in part, individually or in conjunction with other items for the purpose of this Contest or any other purpose (including, but not limited to, entertainment, instruction/education, advertising, marketing, promotional and/or publicity purposes), throughout the world, in any manner, form, media or technology now known or hereafter devised (including, but not limited to, print, video, television, social media, internet and broadcast). Entrant will not be entitled to compensation for any use of the entrant’s Materials by LUXE Destination Weddings or its advertising and promotional agencies, and each of their respective affiliates and subsidiaries, agents, licensees or assignees. The entrant hereby waives any right to inspect or approve any advertising copy or other material which may be used in conjunction with the entry and any moral rights entrant may have in or in respect thereof.
LUXE Destination Weddings will have no obligation to publish or use or retain any Materials entrant submits or to return any Materials to entrant. Entrant agrees that it is his or her sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this Section. Entrant agrees to take any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by LUXE Destination Weddings to effect, perfect, or confirm LUXE Destination Weddings’ rights set forth in this Section.
10. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION AND TO RECEIVE ELECTRONIC MESSAGES
By entering the Contest, the entrant consents to the collection, use and disclosure of his or her personal information by LUXE Destination Weddings for the purpose of administering the Contest, awarding the Prize and announcing the Prize winner, as applicable, and any subsequent advertising or promotion related thereto.
11. REPRESENTATIONS AND WARRANTIES OF ENTRANT
Entrant represents and
(a) that if Materials are submitted with his or entry, such Materials:
i. are his or her own original work;
ii. do not contain material or images that is obscene, inappropriate, offensive, or defamatory;
iii. do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
iv. do not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
v. do not and will not violate any applicable law, statute, ordinance, rule or regulation; and
vi. do not trigger any reporting or royalty obligation to any third party;
(b) that he or she has the right to grant the rights granted to Sunwing herein or, alternatively, entrant has obtained all necessary rights and permissions to use and submit the Materials in connection with the Contest and to provide all the rights specified in these Contest Rules; and
(c) that the rights that entrant is granting under these Contest Rules do not conflict in any way with any other agreement to which he or she is a party, or with any commitments, restrictions, or obligations that he or she is under to any other person or entity.
12. REPRESENTATIONS AND WARRANTIES OF LUXE DESTIONATION WEDDINGS
The Prize winner accepts the Prize “as is”. LUXE Destination Weddings does not make any representations nor offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. The Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from LUXE Destination Weddings should the Prize fail to be fit for its purpose or is in any way unsatisfactory to the Prize winner.
13. SUSPENSION/TERMINATION/MODIFICATION AND TAMPERING
Subject to applicable law, LUXE Destination Weddings reserves the right to cancel, suspend, terminate and/or modify the Contest Rules or administration of the Contest, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of LUXE Destination Weddings.
LUXE Destination Weddings further reserves the right to disqualify, from this Contest and future contests of LUXE Destination Weddings, any individual who tampers with or in any way corrupts the entry process. LUXE Destination Weddings may prohibit an entrant from participating in the Contest, future contests of LUXE Destination Weddings and/or winning a prize if, in LUXE Destination Weddings’ sole discretion, LUXE Destination Weddings determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Contest (including but not limited to the use of automated quick entry programs), prize, or intending to annoy, abuse, threaten or harass any other entrants or LUXE Destination Weddings’ representatives.
Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, LUXE Destination Weddings reserves the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.
14. INDEMNITY AND LIABILITY
By participating in the Contest, the entrant agrees that LUXE Destination Weddings shall have no liability and agrees to release, indemnify and hold harmless LUXE Destination Weddings and its affiliates, subsidiaries, advertising and promotional agencies, dealers, prize suppliers and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, demands, suits, proceedings, costs, expenses, including without limitation any legal fees and any liability of any kind resulting from or arising directly or indirectly out of: (a) the entrant’s participation in the Contest or inability to participate in the Contest; (b) the acceptance, possession, use, enjoyment or misuse of the Prize; (c) with respect to the entry and any other information and/or material submitted by the entrant including, but not limited to, all actions of passing off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark or any other proprietary right; or (d) any breach of the entrant’s representations and warranties above.
LUXE Destination Weddings will not be responsible for lost, stolen, illegible, incomplete, inaccurate or destroyed entries, and all such entries are void. LUXE Destination Weddings assumes no responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, emails, computer equipment, servers, software, access providers, or any combination thereof.
IN NO EVENT SHALL LUXE DESTINATION WEDDINGS BE HELD LIABLE TO ENTRANT OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE CONTEST; (B) THE ENTRIES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) THE BREACH OF THE CONTEST RULES; OR (E) THE PRIZE.
15. WHERE CONTEST RULES AND REGULATIONS ARE AVAILABLE
These Contest Rules are available online at https://luxedestinationweddings.com/luxe-destination-weddings-getaway-contest-terms-conditions/ or entrant may request a copy of the Contest Rules by sending a self-addressed, stamped envelope to: LUXE Destination Weddings Getaway Contest c/o LUXE Destination Weddings, 171 East Liberty Street, Suite 140, Toronto, ON M6K 3P6.
16. CONTEST SPONSOR
The Contest is in no
way sponsored, endorsed or administered by, or associated with Instagram. All
information provided by entrant is being provided to LUXE Destination Weddings and
not to Instagram. Instagram is completely released of all liability by each
entrant in this Contest.
17. COMPLIANCE WITH LAWS
This Contest is
subject to all applicable federal, provincial, territorial, state and municipal
laws and regulations. This Contest is void where prohibited or restricted by
applicable laws. If the entrant is a Canadian resident, the entrant hereby
irrevocably attorns to the jurisdiction of the Courts of the Province of
Ontario. If the entrant is a U.S. resident, the entrant hereby irrevocably
attorns to the jurisdiction of the Courts of the State of New York.