Meritage Resort Napa Wedding Giveaway - Official Rules
Call for entries: January 14 – February 14, 2021
Meritage Resort and Spa Napa Wedding Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Giveaway Period: Meritage Resort and Spa Napa Wedding Giveaway (“Giveaway”) will begin 12:00 a.m. PST on Thursday, January 14, 2021 and will end at 11:59:59 PM PST on Sunday, February 14, 2021.
Eligibility: The Giveaway is open to all entrants who are legal residents of the United States of America and are 21 years old or older 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 Meritage Resort, LLC, (“Sponsor”), TMR Operations LLC (“Operations”), and Pacific Hospitality Group Ventures, Inc. (“Manager”, together with Sponsor and Operations, are collectively referred to as “Meritage Resort 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 Giveaway. The Giveaway 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 Giveaway. There is no purchase necessary to participate. A purchase does not increase the odds of winning.
Entry Requirements and Guidelines: To enter the Giveaway, follow @meritageresort and @vistacollina on Instagram and tag your fiancée or nominate a front-line healthcare worker or emergency responder with a reason as to why you/they deserve a free Napa wedding by February 14, 2021 11:40 PM PST within the Giveaway Period. Limit one (1) entry per person or nominated couple throughout the Giveaway Period. Entries received in excess of the above-stated limitation will be void. Entries are the property of Sponsor and will not be acknowledged or returned. All entries must be received by the end of the Giveaway 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 Giveaway, 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.
Prizes and Prize Restrictions: The following prizes are available to be won: Signature event space for Ceremony & Reception, 3 hors d’ouevres, 3 course plated dinner, 3 hour Tier 1 Bar Package, house wines served during dinner service, sparkling wine toast, resort owned tables, Chiavari chairs, linens, glassware, flatware & votive candles, two nights for wedding couple in a suite. Additional nights offered at a discounted rate, based on availability, discounted room rates for wedding guests, based on availability. The total approximate retail value of all prizes is $30,000. The odds of winning depend on number of eligible entries received throughout the Giveaway 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, including airfare and travel, associated with prize acceptance not specified as being provided by Sponsor are the responsibility of the winner. 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.
LIMITATIONS OF LIABILITY, DISCLAIMERS: EACH OF THE MERITAGE RESORT 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. MERITAGE RESORT 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 MERITAGE RESORT 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 GIVEAWAY OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. MERITAGE PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE GIVEAWAY OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE GIVEAWAY. MERITAGE RESORT 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 GIVEAWAY, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE GIVEAWAY AND/OR ACCEPTING A PRIZE, YOU AGREE THAT MERITAGE RESORT 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 MERITAGE RESORT PARTY OF ANY ENTRY, PARTICIPATION IN THE GIVEAWAY, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST ANY MERITAGE RESORT PARTY.
Release and Indemnity: By participating in the Giveaway, all Entrants, and all winners agree to release and hold harmless each of the MERITAGE RESORT 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 Giveaway, (v) electronic or human error which may occur in the administration of the Giveaway or the processing of Entries, (vI) property damage, personal injury and/or death which may occur in connection with or participation in the Giveaway, 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 Giveaway 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 Giveaway, 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).
Conditions and Additional Terms: All federal, state and other taxes are the sole responsibility of the winner. Meritage Resort Parties are not responsible if Giveaway 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 Giveaway or act in an inappropriate or disruptive manner in any way shall be disqualified. Meritage Resort 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 Giveaway, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. 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 Giveaway 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 Giveaway administration) or other causes beyond Sponsor control corrupt or which affect the administration, security, fairness or proper conduct of the Giveaway or for any reason this Giveaway 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 Giveaway or web site. Sponsor may prohibit or disqualify a participant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Meritage Resort Parties. Entrants agree that personal data may be processed, shared, and otherwise used for the purposes and within the context of the Giveaway 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 Giveaway. No license to use the intellectual property of Sponsor is hereby granted.
Disputes: Except where otherwise specifically prohibited, Sponsor reserve the right to make all decisions arising out of or relating to the Giveaway in its sole discretion, and the decisions by Sponsor are final and binding on all matters relating to the Giveaway. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Giveaway 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 Giveaway, 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 Giveaway, 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 Giveaway, you agree that Irvine, California will be the exclusive forum for any formal dispute resolution.
Winner’s List: For the name of the winner (available after February 19, 2021,) send a self-addressed, stamped #10 envelope to: Meritage Resort & Spa, C/O Marketing Department, 875 Bordeaux Way, Napa, CA 94558; Attn: Name of Winner – Meritage Resort Napa Wedding Giveaway. Requests must be received by February 28, 2021.
Sponsor Address: Meritage Resort, LLC; 875 Bordeaux Way, Napa, CA 94558.
Winner Selection, Winner Notification, and Awarding of Prizes: The potential prize winner(s) (“Potential Winner”) will be selected by a panel review from among all eligible entries received throughout the Giveaway Period, on or about February 19, 2021. Potential winner(s) will be notified by e-mail on or about February 19, 2021. By entering the Giveaway, 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 “Giveaway 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 Giveaway 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. By accepting a prize, each winner consents to the use of his/her name, photo and/or likeness in any and all media by Sponsor for advertising and promotional purposes without additional compensation, except where prohibited. Winners may be publicly announced through postings on Sponsor’s Facebook, Instagram, and/or email. 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.