Contest Official Rules
VICEROY SANTA MONICA & VICEROY LOS CABOS PLAYA TO PLAYA GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
This “Playa to Playa” Giveaway (the “Giveaway”) is sponsored by Seaside Hotel Lessee, Inc. d/b/a Viceroy Santa Monica, Tortuga Resort San Jose, C.A. DE C.V d/b/a Viceroy Los Cabos, and Viceroy Hotel Management, LLC (“Sponsor”). The entry period will start September 9, 2022 12:00 PM Pacific Time (“PT”) and end on September 16, 2022 at 12:00 PM PT (the “Entry Period”), with the Winner (defined below) selected from the Entries (defined below) submitted during the Entry Period.
Sponsor’s clock is the official Giveaway timekeeper.
All Entries are the property of Sponsor and will not be acknowledged or returned. Two (2) Winners of the prizes will be selected during the Giveaway, and one (1) prize is available to be awarded to the Winner (in accordance with the procedures set out below). This Giveaway is subject to federal, state/provincial/territorial and local laws and regulations.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram (the “Social Platform”). The Social Platform is hereby completely released of all liability by each participant in this Giveaway. Any questions, comments or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platform.
1. ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or the District of Columbia) and are (at the time of participation) at least the age of majority in their state/jurisdiction of residence at the time of participation. Employees, representatives, agents, directors, officers, suppliers, printers, distributors, or advertising and promotional agencies of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step-family members) and/or people living in the same household (related or not) are not eligible to enter. The Giveaway is void where prohibited by law. Eligible entrants may use only one (1) Social Platform account (an “Account”) to participate in this Giveaway, and their Account must be set to public and not private.
2. HOW TO ENTER: No purchase necessary. There is one (1) entry method, a Social Platform Entry Method, which is described as follows: during the Entry Period, eligible entrants can participate in this Giveaway by: (i) following @ViceroySM and @ViceroyLosCabos on Instagram; (ii) comment on the Giveaway post and tag who you would bring along; and (iii) use #SantaMonica or #LosCabos to indicate which location is preferred. Each eligible entrant participating in accordance with these Official Rules will receive one (1) Entry in this Giveaway.
Each eligible entry received by entrant during the Entry Period is herein referred to as an “Entry” and collectively as the “Entries” (each, an “Eligible Submission”).
By participating in this Giveaway, each Submitter represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third party intellectual property rights. Entrant agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Submitter’s agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. Once an entrant submits an Eligible Submission, it cannot be changed or deleted. Eligible Submissions will be reviewed for content by Sponsor and Sponsor reserves the right to remove any Eligible Submission, in its sole and absolute discretion. If this Giveaway is not completed in accordance with these Official Rules, the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial Giveaway subscription notification and/or entering services, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission or entrant does not meet the eligibility and other criteria outlined herein.
3. RULES & ELIGIBLE SUBMISSION REQUIREMENTS: By participating in this Giveaway, each entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”):
i. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
ii. do not violate any law, statute, ordinance or regulation;
iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
v. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.
Sponsor reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification. Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason. If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) – to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules
4. RANDOM DRAWINGS: A random drawing will be held by the Sponsor held on or about September 17, 2022. The Enries drawn will be declared the potential winner (the “Winner”). Entrants are not required to be present to win. Odds of winning depend on the total number of Entries received. AN ENTRANT IS NOT THE OFFICIAL WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
During the draw, two (2) Entries will be drawn from amongst all eligible Entries received prior to the close of the Entry Period, as determined by the Sponsor at its sole discretion. Limit of one (1) prize is available to be awarded to the Winner.
Odds of winning a prize available depend on the total number of eligible Entries received for the Entry Period. A RECIPIENT IS NOT AN OFFICIAL WINNER UNLESS AND UNTIL RECIPIENT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND RECIPIENT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
5. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winner will be notified by Sponsor via Social Platform direct message or other method determined by Sponsor and the Winner must respond to Sponsor within forty-eight (48) hours of receipt of such notification to be eligible for the applicable prize. Any potential Winner must accept the applicable prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within five (5) business days of Sponsor’s first notification attempt. Failure to return the properly executed prize documents within the specified time will result in forfeiture of the prize. Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the applicable prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the applicable prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner from amongst all remaining eligible Entries. All expenses on receipt and use of prize are the sole responsibility of the applicable Winner.
6. PRIZE: There are two (2) prizes available to be awarded in the Giveaway in total, as set out below.
|Available Prize Description||Approximate Retail Value (“ARV”) (all in USD)|
One (1) 7-course tasting dinner for 2 at either Sugar Palm in Santa Monica or Dalia in Los Cabos*
TOTAL ARV: $150
*Subject to availability and black out dates.
The prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize for one of equal or greater value, for any reason. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of the applicable prize for any reason whatsoever – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. All income and other taxes (federal, state/provincial/territorial and local) on the prize is the sole responsibility of the applicable Winner.
7. PUBLICITY RELEASE: Acceptance of a prize constitutes the Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state/province/territory) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and the Winner releases Sponsor from all claims arising out of the use of such Attributes.
8. ENTRY CONDITIONS AND RELEASES: By participating in this Giveaway, EACH ENTRANT AGREES for his/her and for his/her heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify Instagram, Inc., the Sponsor and its employees, representatives, agents, directors and officers and any of Sponsor’s affiliates, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation in Giveaway and/or his/her acceptance, possession, use and/or misuse of a prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation in this Giveaway and/or his/her acceptance, use and/or misuse of a prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete Eligible Submissions, Entries, and Eligible Submissions or Entries not received by the time designated for the Entry Period; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of Eligible Submissions or Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to participant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from participation in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Eligible Submissions. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the Winner.
9. RELEASE OF CLAIMS (CALIFORNIA): Each participant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such participants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such participants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis (e.g. due to ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winner in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances.
12. OFFICIAL RULES: For these Official Rules or the name of the Winner, send a self-addressed envelope to: Viceroy Hotel Management, LLC, 750 North San Vicente Boulevard East, Suite 1000, West Hollywood, California 90069, Attn: General Counsel. Requests must be received by October 1, 2022.