SummerSalt Villa Pin-to-Win Contest 2013 Official Rules and Terms and Conditions:
No purchase necessary to enter or win. This contest is void where prohibited by applicable law.
SummerSalt Villa Pin-to-Win Contest 2013 ("Contest"): Enter to win a three (3) nights stay at SummerSalt villa, on Tortola, British Virgin Islands. Prize includes you and 3 guests.
HOW TO ENTER:
NO PURCHASE NECESSARY TO ENTER OR EXERCISE PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
(“Participators”) may enter the Contest by:
1: Following SummerSalt Villa on Pinterest
2: Creating a board titled: "SummerSalt Villa - Tortola, BVI"
3: Pining this contest image to that board
4: Pinning one or more photos from our website: summersalt.com/photos/ or
repining them from our "SummerSalt Villa - Smuggler's Cove - Tortola, BVI" board
5: Writing a 20-word description of your ideal day at on Tortola & including the
6: Visiting http://goo.gl/y6Exc & completing the contest registration form
By providing a Submission and participating in the Contest, Participator agrees to abide by the official rules listed below (“Official Rules”) and the terms and conditions listed below (“Terms and Conditions”). A “Participator ” is a Contest Participator who provides a Submission.
The “SummerSalt Villa: Pin-to-Win Contest 2013” (“Contest”) asks Pinterest users to curate a pinboard of their favorite SummerSalt Villa pictures (“Pinboard”) and describe in 20-words or less their ideal day on Tortola. The contest begins at 5:00 a.m. EST on May 6, 2013 (the “Contest Start Date”) and ends at 11:59 p.m. EST, June 21, 2013 (the “Contest End Date”) (such term referred to herein as the “Contest Term”
Terms and Conditions
Contest is void where prohibited by applicable law. Contest is open only to individuals who are 18 years and older. Associates and their immediate families or household members of the Contest Entities and their respective affiliates and subsidiaries are not eligible to enter the Contest. Winner may be required to sign an affidavit of eligibility and liability/publicity release as a condition of the delivery of the applicable Prize.
By participating, all Participators agree to abide by these Official Rules and Terms and Conditions, as well as receive messages from SummerSalt Villa relating to the Contest. A Participator ’s violation of any of these Official Rules or Terms and Conditions, or any infringement or violation of the rights of any third party, as determined by the Underwriter ’s sole and unfettered discretion, may result in disqualification from the Contest or forfeiture of the Prize.
The contest must have a minimum of 100 participators to be valid. The decisions of the judges are final and binding in all matters relating to this Contest. Underwriter reserves the right to, at its sole discretion: (a) immediately cancel, terminate, modify or suspend the Contest; (b) select winner from eligible submissions received as of the termination date; (c) disqualify any submissions that it believes in good-faith are generated by a so-called spam or automated e-mail program or via scripts and automated submission; and (d) amend the Official Rules or Terms and Conditions at any time during the Term, provided that the Official Rules and Terms and Conditions in effect at the time of a Submission will govern the Participator’s participation with respect to the Submission.
Contest Entities are not responsible for any typographical or other error in the printing of the offer or administration of the Contest, or in the announcement or delivery of the Prize. The headings used in these Terms and Conditions are for convenience only and do not affect the meaning or interpretation of these Terms and Conditions.
1 [one] first prize winner (“Winner”) will receive a three (3) night stay at SummerSalt Villa (“Prize”) for her/himself and up 3 addition guests (“Guests”. Total approximate retail value not to exceed $1,400.
Odds of winning are affected by the number of eligible submissions received by the Contest End Date. The total approximate retail value of all prizes is $1400 (actual value may vary). Allow 1-2 weeks after validation of the winning entry for receipt of prize notification. Only one 1st Prize will be awarded. The booking/reservation to exercise the prize must be made WITHIN 21 days of the arrival date and is valid during the following term s:
Beginning on August 8, 2013 and ending November 22, 2013 (“Prize Exercise Period 1”)
Beginning on November 30, 2013 and ending December 13, 2013 (“Prize Exercise Period 2”)
Beginning on April 26, 2014 and ending November 21, 2014 (“Prize Exercise Period 3”)
Winner must provide a fully refundable security deposit of $500 to cover damage and incidentals to exercise the Prize. Additional terms and conditions may apply to winner’s use of the prize, including, but not limited to, inability to use the prize with other promotions. The winner will be solely responsible for all other expenses not specifically set forth herein. The Contest Underwriter reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Contest Underwriter is responsible only for prize delivery.
In order to receive a prize, the winner may be required to provide proof of identification. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of the winner. The winner of any prize with a value of $600 or greater may be issued a 1099 U.S. Tax Form for the retail value of the prize.
WINNER WILL BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. INTERNET ACCESS IS REQUIRED
Each participator selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and each Contest Site winning is contingent upon fulfilling all such requirements. Prize winner will be selected by a panel of judges based on the following criteria: writing skills (50%); overall creativity (50%) (the “Judging Criteria”). Judging determinations are final and binding with respect to all matters relating to the Contest.. No information regarding submissions or judging will be disclosed to any third party not involved in the conduct of the Contest. The contest will take place under the supervision of Underwriter s. participator agree to be bound by these rules and the decision of the judges, whose decisions are final.
Participator Eligibility. The Contest is only open to legal residents of the United States who are at least eighteen (18) years of age at the time of entry. Submissions are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Contest, each Participator accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Contest Underwriter and warrants that she/he is eligible to participate in the Contest. Employees, independent contractors, officers, and directors of the Contest Underwriter , affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest.
THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations. All Prizes offered are being provided “as is” with no warranty or guarantee by Contest Entities, either express or implied. No transfer, substitution, upgrade, credit, refund or cash equivalent for prizes is allowed except at Underwriter ’s sole discretion. Underwriter reserves the right, in Underwriter ’s sole and absolute discretion, to substitute a prize or prize component of equal or greater value if a prize cannot be awarded as described for any reason. If a Prize or Prize notification is returned as undeliverable, this may result in disqualification and an alternate winner may be selected. All federal, state or other tax liabilities (including income taxes) arising from this Contest will be the sole responsibility of each winner. Underwriter does not guarantee that winner’s Submission will be showcased on the BVI Aficionado Blog or any other location.
BY ENTERING THE CONTEST, PARTICIPATOR AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPATOR BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPATOR HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPATOR IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF WINNER:
The winner will be notified by announcement on the “SummerSalt Villa - Smuggler's Cove - Tortola, BVI" Pinterest board and using the information provided when the Participator entered the Contest, within a reasonable time after the close of the Contest, for a reasonable amount of time. Such notification shall include instructions for proper acceptance of the prizes by the winner. In the event a winner does not accept a prize, a winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. The Contest Underwriter is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a winner. The winner agrees to Contest Underwriter ’s use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the winner may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.
Except where prohibited by law, the winner’s entry in the Contest and acceptance of the Prize constitutes winner’s grant of permission for, and consent to, SummerSalt Villa and those acting under its authority to use the winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state only) on a worldwide basis, and in all forms of media, in perpetuity, for advertising or promotional purposes without review or further compensation. The intellectual rights to the Submission, if any, will remain with the Participator s, except that these terms do not supersede any other assignment or grant of rights according to any other separate agreements between Participator s and other parties. As a condition of entry, Participator s agree that SummerSalt Villa shall have the right to use, copy, modify and make available the Submission in connection with the operation, conduct, administration, and advertising and promotion of the Contest via communication to the public, including, but not limited to the right to make screenshots, animations and clips available to the public for promotional and publicity purposes.
To the maximum extent permitted by law, except to the extent that any death or personal injury is directly caused by the negligence of the Contest Entities, each Participator indemnifies and agrees to keep indemnified the Contest Entities at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Contest Entities may become liable by reason of or related or incidental to any act, default or omission by an Participator caused or claimed to be caused by Participator ’s participation in the Contest and/or use or acceptance of any Prize, including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Rules or Terms and Conditions by an Participator .
To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any Participator expressly waives any and all such rights. Participator s agree that these Official Rules and Terms and Conditions are governed by the laws of the state of California.
Warranty and Indemnity
Participator certifies that its Submission is original and that it is the sole and exclusive owner and right holder of its Submission and that it has the right to submit the Submission in the Contest. Each Participator agrees not to submit any Submission that (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) includes any personally identifiable information about any individual other than the Participator ; or (3) otherwise violates applicable law.
An Participator may be prohibited from participating in this Contest or have its Prize revoked if, in Underwriter ’s sole discretion, Underwriter reasonably believes that the Participator has engaged in one or more of the following practices:
Attempts to corrupt the legitimate operation of this Contest by cheating, deception, or other unfair playing practices;
Annoys, abuses, threatens or harasses any other Participators, the Contest Entities or associated agencies;
Provides any false information provided within the context of the Contest concerning identity, ownership of the content of the Submission, postal address, telephone number, ownership of right or noncompliance with the Official Rules or Terms and Conditions, or the like; or
Tampers with the entry process in any manner.
Any attempt by an individual to deliberately damage any website or corrupt the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Underwriter reserves the right to seek damages from any such individual to the fullest extent of the law.
In the event of a dispute regarding the identity of the individual submitting the entry, the entry will be deemed to be submitted by the individual in whose name the Pinterest account corresponding to the Submission is registered. In the event the dispute regarding identity cannot reasonably be resolved to Underwriter ’s satisfaction, Underwriter reserves the right to determine an alternate winner.
Contest Entities are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Contest Entities are not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Contest Entities are not responsible for inaccurate transmissions of or failure to receive entry information by Underwriter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, except to the extent that any death or personal injury is directly caused by the negligence of the Contest Entities. If for any reason the Internet portion of the site(s) upon which the Contest relies is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the Contest site(s) for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Underwriter reserves the right at its sole discretion to immediately cancel, terminate, modify or suspend the Contest.
If any provision(s) of these official rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
The Contest Underwriter reserves the right to prosecute and seek damages against any individual who attempts to deliberately corrupt the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.
Underwriter :The Sponsor (“Underwriter”) of this Contest is Charlie Muir, 301 Bella Vista Way, San Francisco, CA 94127.