ESTANCIA LA JOLLA HOTEL & SPA SPRING GIVEAWAY — OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest Period: Spring Giveaway will begin 12:00 PST on March 20th, 2019 and will end at 11:59:59 PM PST on March 21st, 2019.
BY ENTERING THIS CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES AND THAT YOU HAVE READ THESE OFFICIAL RULES AND AGREE TO OBEY THEM.
1. Eligibility: The Contest is open to all entrants regardless of experience, who are legal residents of the 48 contiguous United States of America and the District of Columbia and are 18 years old or older at the time of entry and located within the United States at the time of entry, and who are not otherwise ineligible as provided herein (“you” or “Entrant”). Members, managers, employees, lessees, attorneys, independent contractors, agents, officers and directors of Estancia Hotel, LLC, (“Sponsor”), Estancia Operations, Inc. (“Operations”), and Pacific Hospitality Group Ventures, Inc. (“Manager”, together with Sponsor and Operations, are collectively referred to as “Estancia Parties”), and their parent companies, subsidiaries and/or affiliates and their immediate families (including parents, children, siblings, spouses) or members of the same household (whether related or not) of such persons are not eligible to enter the Contest. The Contest is void outside the 48 contiguous United States of America and the District of Columbia, and void where prohibited by law, regulation, statute or other appropriate authority, and is subject to all applicable federal, state and local laws. Entrants are not required to submit to any sales presentation or promotional program or to purchase any goods or services in order to enter this Contest. There is no purchase necessary to participate. A purchase does not increase the odds of winning.
2. Entry Requirements and Guidelines: To enter the Contest, you must follow @estancialajolla, "like" the entry image or post, on the respective Instagram account, and tag a friend in the comment section of the post within the Contest Period. Only fully completed entries are eligible. Entries are the property of Sponsor and will not be acknowledged or returned. All entries must be received by the end of the Contest Period in order to be eligible to win. You acknowledge that Sponsor expressly conditions its acceptance of your entry on your adherence to the Official Rules, and if it is discovered that you have violated the Official Rules, Sponsor reserves the right to disqualify your submission without notice or compensation. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason, without notice or compensation to you. Sponsor reserves the right to amend, replace or change these Official Rules at any time in its sole discretion. By entering the Contest, you agree to be fully and unconditionally bound by the Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. Additionally, you agree to accept the decisions of Sponsor as final and binding in all matters.
3. Prizes and Prize Restrictions: The following prizes are available to be won: Two springtime Arcona Facials (approximate retail value $350), and two spa day passes (approximate retail value $130). The total approximate retail value of all prizes is $480. The odds of winning depend on number of eligible entries received throughout the Contest Period. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes cannot be transferred, assigned, substituted, or redeemed for cash, except at Sponsor’s sole discretion. All applicable federal, state or local taxes, as well as any other costs and expenses associated with prize acceptance not specified as being provided by Sponsor are the responsibility of the winner. If the eligible winner is 18 years of age but still deemed a minor in his/her state of residence, Sponsor reserves the right to award such prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein. No more than the stated number of prizes will be awarded. Limit one (1) prize per eligible person/family/household. No cash redemption, substitution or transfer of any prize by winner(s) is permitted. In the case of unavailability of prize in whole or in part, Sponsor reserves the right to substitute a prize of equal or greater value, or cash award in the amount of the applicable value set out in these Official Rules, in its discretion.
4. Winner Selection, Random Drawing, Winner Notification, and Awarding of Prizes: The potential prize winner(s) (“Potential Winner”) will be selected by a random drawing from among all eligible entries received throughout the Contest Period, on or about March 22nd, 2019. Potential winner(s) will be notified by Instagram on or about March 22nd, 2019. By entering the Contest, you consent to such notification. Sponsor shall have no liability for potential winner’s failure to receive notice of winning if such failure is outside of Sponsor’s control. Potential Winners will then have 7 days to respond to Sponsor’s e-mail by sending a responsive e-mail. The responsive e-mail should list “Contest Winner” in the subject line and the body text of the e-mail should unequivocally express that the Potential Winner is accepting the prize. The 7 days within which a responsive e-mail should be sent are counted from the date on Sponsor’s e-mail, not the date that the Potential Winner reads the e-mail. If there is a dispute regarding Contest entries received from multiple users having the same e-mail account, the authorized account subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Winners may be publicly announced through postings on Sponsor’s Facebook, Instagram, and Twitter; this is not an alternative means of notice to Potential Winners. Winners may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release. Any failure to comply with any of the foregoing may result in Potential Winner’s prize being forfeited without compensation and awarded to an alternate winner at the sole discretion of the Sponsor. No prize transfer, assignment, or substitution by a winner is permitted. NON-COMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, BY MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER. WHEN THIS OCCURS, THE DISQUALIFIED POTENTIAL WINNER WILL NOT BE COMPENSATED IN ANY WAY. The odds of winning depend on the number of entries received.
5. LIMITATIONS OF LIABILITY, DISCLAIMERS: EACH OF THE ESTANCIA PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ESTANCIA PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL THE PASÉA PARTIES (OR ANY OF THEM) BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. ESTANCIA PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. ESTANCIA PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT ESTANCIA PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A ESTANCIA PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST ANY ESTANCIA PARTY.
6. Release and Indemnity: BY PARTICIPATING IN THE CONTEST, ALL ENTRANTS, AND ALL WINNERS AGREE TO RELEASE AND HOLD HARMLESS EACH OF THE ESTANCIA PARTIES AND THEIR RESPECTIVE SUCCESSORS, TRANSFEREES AND ASSIGNS FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, (I) THE USE OF MY PERSONAL INFORMATION FOR PURPOSES OF ADVERTISING OR TRADE, (II) THE AWARD, ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, (III) TECHNICAL FAILURES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, MALFUNCTIONING OF ANY COMPUTER, CABLE, NETWORK, HARDWARE OR SOFTWARE, THE UNAVAILABILITY OR INACCESSIBILITY OF ANY TRANSMISSIONS OR TELEPHONE OR INTERNET SERVICE, (IV) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST, (V) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES, (VI) PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH OR PARTICIPATION IN THE CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE AND (VII) FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. BY PARTICIPATING IN THIS CONTEST AND/OR ACCEPTING PRIZES, EACH ENTRANT AGREE TO INDEMNIFY AND HOLD SPONSOR AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS AGAINST ANY AND ALL CLAIMS AND LIABILITY IN CONNECTION WITH THE CONTEST, OR THE USE OR REDEMPTION OF PRIZES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY OR DEATH OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTIES. PRIZE WINNERS AGREE TO ACCEPT THE PRIZE “AS IS” AND UNDERSTAND THAT THE SPONSOR HAS MADE NO WARRANTY, REPRESENTATION, OR GUARANTEE ABOUT THE PRIZE(S).
7. Conditions and Additional Terms: All federal, state and other taxes are the sole responsibility of the winner. Estancia Parties are not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, attempt to interfere with this Contest or act in an inappropriate or disruptive manner in any way shall be disqualified. Estancia Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter a qualifying submission to the Contest, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process. Sponsor reserve the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest without compensation or notice to any Entrant should (in Sponsor’s sole discretion) computer virus, bugs, non-authorized human intervention, fraud, tampering, corruption, technical failure or difficulties (which prevent proper Contest administration) or other causes beyond Sponsor control corrupt or which affect the administration, security, fairness or proper conduct of the Contest or for any reason this Contest is not capable of running as planned. In the case of cancellation, any unclaimed prizes will not be awarded, or will be among all eligible entries received as of the date of termination, in Sponsor’s discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Contest or web site. Sponsor may prohibit or disqualify a participant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Estancia Parties. Entrants agree that personal data may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined by these Official Rules. The data may also be used by the Sponsor in order to verify the participant’s identity, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Contest. No license to use the intellectual property of Sponsor is hereby granted.
8. Disputes: Except where otherwise specifically prohibited, Sponsor reserve the right to make all decisions arising out of or relating to the Contest in its sole discretion, and the decisions by Sponsor are final and binding on all matters relating to the Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you hereby waive any right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and you will not be permitted to obtain awards for indirect, punitive, incidental and consequential damages or any other damages (other than for your actual out-of-pocket expenses) and not be permitted to have any rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or another jurisdiction) which would cause the application of the laws of any jurisdiction other than State of California. By participating in the Contest, you agree that Irvine, California will be the exclusive forum for any formal dispute resolution.
10. Winner’s List: For the names of the winners (available after March 22nd, 2019), send a self-addressed, stamped #10 envelope to: Estancia La Jolla Hotel & Spa, C/O Marketing Department, 9770 N Torrey Pines Rd, La Jolla, CA 92037; Attn: Names of Winners – [Spring Giveaway]. Requests must be received by April 5th, 2019.
11. No Sponsorship by Arcona: The Contest is not sponsored or co-sponsored in any way by Arcona or any of its affiliates. The sole sponsor of the Contest is Estancia Hotel, LLC.
12. Sponsor Address: Estancia Hotel, LLC; 9770 N Torrey Pines Rd, La Jolla, CA 92037.