SARA’S SOLO TRIP GIVEAWAY
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. ONLY US RESIDENTS AT LEAST 18 YEARS OF AGE ARE ELIGIBLE TO PARTICIPATE, IN ACCORDANCE WITH SECTION 1 BELOW (EACH BEING A “PARTICIPANT”). A PURCHASE OR PAYMENT OF ANY KIND IS NOT PART OF THE CONTEST OR REQUIRED AND WILL NOT INCREASE PARTICIPANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. SPONSOR OBTAINS RIGHTS FROM PARTICIPANTS TO USE ANY AND ALL ENTRIES SUBMITTED. A PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED.
Sponsored by: Sunny 27, LLC (“Sponsor”).
description: Sara’s Solo Retreat Giveaway (the “Contest”) will be conducted by Sponsor in accordance with these Official Rules. One prize winner will be selected at random from all Participants who follow the Sponsor’s Instagram account, tag at least one (1) friends Instagram handles on Sponsor’s Contest post and share Sponsor’s contest post (an “Entry”) during the Entry Period.
1. Eligibility. The Contest is open only to individuals who are legal residents and physically located in one of the fifty (50) United States, and who are at least eighteen (18) years of age at the time of participation. Employees of Sponsor, Sponsor’s affiliated companies, and Sponsor’s advertising and promotion agencies are not eligible to enter the Contest or win a prize. By entering or participating in the Contest, Participants agree to be bound by these “Official Rules” and the decisions of Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. As a condition of entering, each Participant consents to the collection/use/sharing of Participant's personal information by/with Sponsor for purposes of administering the Contest and to comply with applicable laws/regulations/rules. Any information Participant provides to Sponsor may be used to communicate with Participant in relation to this Contest or on a Contest Winner's list.
2. Entry Period. The Contest will begin, and Entries will be accepted online starting on or about 8:30 p.m. Eastern StandardTime (“EST”) on January 7, 2025, and all Entries must be received by the Sponsor on or before 12:01 p.m. EST on January 14, 2025, (the “Entry Period”). Entries submitted before or after the Entry Period will not be considered. The time clock of the computer administering this Contest is the official clock for this Contest. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
3. How to Enter. Participants enter the Contest by following the Sponsor’s Instagram account, sharing Sponsor’s Contest post, and tagging one (1) friend’s Instagram handles on the Sponsor’s Contest post during the Entry Period. The Entry must meet all Official Rules to be eligible to be considered. While multiple entries are allowed by resharing the Sponsor’s Contest post and tagging one (1) friend’s Instagram handles on Sponsor’s Contest post during the Entry Period, any attempt to submit multiple Entries by using different or multiple Instagram accounts, email addresses, identities, log-ins, automatic entry software, or any other method is prohibited and will result in disqualification. Sponsor cannot accurately predict the number of Participants who will participate in the Contest.
The Contest does not limit the number of entries per Participant. An Entry may, in Sponsor's sole and absolute discretion, be rejected if it fails to follow the requirements on Sponsor’s Instagram feed or these Official Rules. An on-line Entry is “received” when viewable on Sponsor’s Instagram feed @sarablakely. All Entries that are late, incomplete, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's sole and absolute discretion. Entries generated by script, macro, or other automated means, and Entries provided by any means which subvert the entry process are void. In the event of a dispute as to the identity of any Participant who submits an Entry, the Entry will be deemed submitted by the account holder of the Instagram account from which it was sent but only if such person is otherwise eligible. Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the Entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid Entries.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF A PARTICIPANT ENTERS THIS CONTEST ON THEIR MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS CONTEST. PARTICIPANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS CONTEST.
4. Intellectual Property. Participant, upon submission of his or her Entry to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry, and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe, and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Participant or any third party, except for the awarding of the prize to the Winner of the Contest. Without limiting the foregoing, Sponsor has the right to use the Entries submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion, or for any other commercial or non-commercial purpose. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Entries. Participants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the Participant’s Entry, and any rights therein, be assigned to Sponsor, and Participants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Sponsor), or such Participant will otherwise be disqualified from receiving a prize. Participants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions, or third party obligations. Participants agree that Sponsor shall have the sole and absolute discretion in determining the extent and manner of use of Entries, and Sponsor is not obligated to use any Entry; provided, however, any Entry may be utilized by Sponsor and distributed to the public, and in such event, Participant’s only right shall be the receipt of a prize.
5. Representations and Warranties. By entering the Contest, Participant represents and warrants that they have read, understands, agrees to, and will follow the Official Rules and any instructions provided by Sponsor. Participant further represents and warrants that their Entry and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Entries) are wholly original with such Participant and are not a copy or imitation of any other material or Participant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party, (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations, and; (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs, or diminishes the rights granted hereunder or the value thereof. Participant further represents and warrants that they have the right to agree to and fully perform consistent with these Official Rules and that they have complied and have obtained all permissions, licenses, and consents that are necessary for the submission of the Entry and the use of the Entry, and to verify compliance with the foregoing requirements. Participant agrees to provide to Sponsor at Sponsor's request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole and absolute discretion, to disqualify and/or to delete from its corporate Instagram feed any Entry that Sponsor determines does not comply with these Official Rules. Participant further acknowledges and agrees that they have not previously granted, assigned, or otherwise encumbered their Entry, or any images, text and materials depicted therein, to any other third party. Further, Participant represents and warrants that Sponsor's use of their Entry, including any images, text, and materials depicted therein, will not violate any agreement signed by Participant.
6. Winner Notification, Prize and Prize Award Schedule. In accordance with these Rules, Sponsor will randomly select one (1) potential winner from among all eligible Entries (the “Winner”). The Winner will receive a 3-day/3-night stay for one person (no guests permitted) at the Montage Palmetto Bluff resort in Bluffton, South Carolina, including air travel for one person from anywhere within the continental U.S. to Montage Palmetto Bluff Resort, up to 3 meals per day while at Montage Palmetto Bluff (alcohol not included), and three (3) spa treatments (one per day) at the resort, valued at approximately U.S. $6,000 (the “Prize”). The Winner will be announced by EOD (approximately 5:00 p.m. EST) on January 14, 2025, on Sponsor’s Instagram feed @sarablakely. In the event that no Entries are received that meet the Contest criteria, no Prize will be awarded. Potential Winners will be notified via a private message on Instagram and will also be announced on Sponsor’s Instagram feed. If a potential Winner cannot be contacted within five (5) days of the first attempt to contact them, the next randomly selected entrant will be the potential Winner. Sponsor will attempt to notify the potential Winner as set forth above, but Sponsor is not responsible for any undelivered messages, including without limitation messages that are not received because of a Participant’s privacy or spam filter settings which may divert any Contest communications, including the winner notification message. A Prize that is unclaimed, unredeemed, or returned as undeliverable will not be awarded. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason. The Prize is non-transferable and non-assignable. No substitution permitted, except that the Sponsor reserves the right to substitute a prize of comparable or greater value at the Sponsor’s sole discretion. Taxes or other assessments are the sole responsibility of the Winner. The Winner will be required to execute and return an affidavit of eligibility, a liability release, and a publicity release (collectively, “Prize Acceptance Documents”). Non-compliance by Participant shall result in disqualification and award of the Prize to an alternate Winner. If a potential Winner is found to be ineligible, or if they have not complied with these Official Rules, such potential Winner may be disqualified, and an alternate potential Winner may be selected.
The decisions of Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Sponsor's sole obligation under these Official Rules shall be to award the Prize to the Winner, subject to the limitations set forth herein.
7. Release. By participating in the Contest, Participant agrees to release, discharge, indemnify and hold harmless Sponsor, and its directors, officers, other employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys' fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (a) Participant’s participation in the Contest, (b) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Participant's or any other person's equipment or other property, or to their persons), (c) the Released Parties' violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property, (d) any third-party claims, to the extent arising out of or relating to any breach of any representation, warranty, or covenant made by Participant in connection with their acceptance of these Official Rules or Contest activities, and any breach of the Official Rules, and; (e) any typographical, human or other error in the printing, offering, selection, operation, or announcement of any Contest activity and/or prize. Without limiting the generality of the foregoing, Participant agrees that Released Parties have neither made, nor will be in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize's quality or fitness for a particular purpose. Participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Participants in connection with the Contest, including Participants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest.
8. General Conditions. Released Parties are not responsible for lost, late, incomplete, inaccurate, misdirected, undelivered, delayed, garbled or damaged Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility, or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the receipt and processing of Entries, the announcement of the Prize, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by users of Sponsor’s Instagram feed, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of Instagram. Persons who tamper with or abuse any aspect of the Contest, or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified, all in Sponsor's sole and absolute judgment. Should any portion of the Contest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole and absolute discretion, to suspend, modify, or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect Entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant's email or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE SPONSOR’S INSTAGRAM’S FEED OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Publicity Release. Subject to applicable law, Winner irrevocably grants Sponsor the right and permission to use their name, likeness, and Entry for advertising, promotional, and publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising, and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice, or consideration except for the awarding of the Prize to the Winner.
10. Suspension/Modification/Termination. If Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not within Sponsor's control (each a “Force Majeure” event or occurrence), Sponsor may modify, suspend, or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security, or proper play of the Contest, and (b) to disqualify any Participant found to be, or suspected of: (i) tampering with the Entry process or the operation of the Contest, (ii) acting in violation of these Official Rules, or (iii) acting in an un-sportsmanlike manner.
11. Governing Law/Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws, and all disputes will be resolved in the courts of Atlanta, Georgia.
BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE, (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, AND; (D) PARTICIPANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, IN WHICH CASE THE ABOVE MAY NOT APPLY TO PARTICIPANT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES 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.”
12. No Obligation to Use. Sponsor has no obligation (express or implied) to use any or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Participant will not be entitled to any damages or other relief by reason thereof.
13. Miscellaneous. No term or provision of these Official Rules is deemed waived and no breach excused unless the waiver is in writing and signed by an authorized representative of Sponsor. No waiver of any breach of any provision of these Official Rules constitutes a waiver of any prior, concurrent, or subsequent breach of the same or any other provision herein. The invalidity or unenforceability of any provision of these Official Rules, instructions on Sponsor’s Instagram feed, or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules, instructions on Sponsor’s Instagram feed, or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules does not constitute a waiver of that provision. Participant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, Sponsor’s Instagram feed, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
14. Winner List. For the Contest winner list, go to Sponsor’s Instagram feed
@sarablakely after January 14, 2025.
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