REDAWNING WHISK AWAY WEEKEND SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID EMAIL ACCOUNT REQUIRED. VOID WHERE PROHIBITED BY LAW.
SPONSOR: The sponsor of the RedAwning Whisk Away Weekend ("Sweepstakes") is RedAwning.com, Inc. ("Sponsor"), 5900 Hollis St. Emeryville CA. 94608
Participation in the Sweepstakes constitutes a full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a Prize is contingent on fulfilling all requirements set forth herein.
WHO MAY ENTER: This sweepstake is open to individuals who are at least 25 years of age at the time of entry that are legal residents of the fifty (50) United States, the District of Columbia, Puerto Rico or Canada (except Quebec). Void in overseas U.S. territories, possessions, commonwealths and military installations (except Puerto Rico where this sweepstake is valid), and void in the province of Quebec. Void where prohibited by law, rule or regulation. Employees of Sponsor and its affiliates, as well as their immediate family members (spouse, parents, siblings, and children) and household members of each such employee, are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
ENTRY PERIOD: The Sweepstakes begins at 12:01 p.m. Pacific Daylight Time (“PDT”), May 18, 2018 and ends at 11:59 p.m. PDT, September 30, 2018 (the “Promotion Period”). The potential winner will be notified on or around September 30, 2018.
HOW TO ENTER: To enter the Sweepstakes entrants must do one of the following:
(1) Leave a review at any of the following locations:
Facebook
Google
Better Business Bureau
Twitter
Limit one (1) entry per person in the sweeps running period which ends on September 30, 2018. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked; use of automated entry devices or programs is prohibited and will result in disqualification of all associated entries.
All entries must be received prior to the expiration of the Promotion Period.
Once submitted, content becomes the sole property of Sponsor, and cannot be modified by the entrant.
You may be asked to consent to receive promotional e-mails and reminders for upcoming Sponsor promotions. Consenting to receive promotional or reminder e-mails is optional, does not have to be agreed to in order to be eligible to enter the sweepstakes and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of Sponsor and you may opt out of receiving these e-mails at any time. For Sponsor’s complete privacy policy, direct your Internet browser to http://www.redawning.com/content/privacy-policy
Content Guidelines: In addition to complying with all other requirements of these Official Rules, reviews must comply with the following guidelines (“Content Guidelines”). Any photo and/or caption that Sponsor, in its sole discretion, determines is in violation of any Content Guideline, together with the associated entry form, will be disqualified. Each review must be truthful and accurate in all material respects, and (b) must not: • Contain content, image(s) or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks; • Disparage Sponsor, Administrator, any other person or entity affiliated with the Sweepstakes or the competitive products, services or entities of any of the foregoing;• Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor, which subject to the photo complying with all other requirements of these Official Rules (including these Content Guidelines), entrant has a limited, non-exclusive, revocable license to use solely and only to incorporate in his/her photo and caption submitted in this Sweepstakes*; • Contain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;• Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality,disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or other controlled substances); • Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations.
In addition to the foregoing, the review file cannot: • Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancelbots or any kind of malicious or benign computer programming • Contain encrypted content of any kind, including without limitation, encoded whatsoever; and messages.
If a file, photo and/or caption cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file, photo and/or caption (together with the associated entry form) shall be disqualified without any fault or liability of the Released Parties, as defined below.
FOR ALL REVIEWS POSTED ON THE WEBSITE, THE PHOTOS/CAPTIONS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF PHOTOS/CAPTIONS AND HAS NO OBLIGATION TO, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH, SCREENING, MONITORING OR REVIEWING THE CONTENT OF PHOTOS/CAPTIONS. EACH ENTRANT ACKNOWLEDGES AND AGREES THAT, AS A RESULT OF OR RELATING TO SPONSOR’S REVIEW OF PHOTOS/CAPTIONS AND POSTING OF FINALISTS IN CONFORMANCE WITH THE PROCESS SET FORTH IN THESE OFFICIAL RULES, (A) SPONSOR ASSUMES NO LIABILITY OF ANY KIND OR NATURE, EXPLICIT OR IMPLICIT, (B) SELECTION OF A PHOTO/CAPTION AS A WINNER IS NOT AN ENDORSEMENT BY SPONSOR OF THE AUTHOR OF, NOR THE CONTENT, IMAGE OR OTHER MATERIAL INCLUDED IN, THE PHOTO/CAPTION; AND (C) IN NO WAY AFFECTS, ALTERS, MODIFIES OR AMENDS SPONSOR’S DISCLAIMER OF LIABILITY.
Entrant further expressly acknowledges and agrees (a) that Sponsor does not owe him/her a duty of confidence, fiduciary care or treatment or other similar duty or obligation (with regard to his/her photo and caption, (b) that Sponsor has wide access to ideas, stories, photos, designs and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together “Sponsor Creative”), (c) and that such Sponsor Creative may be competitive with, similar to (or even identical to) the photo and/or caption submitted by entrant, and (d) that Sponsor shall have no liability to entrant or any third party in respect to or connection with the development, use, sale and/or commercial exploitation of all or any portion of the Sponsor Creative by Sponsor and/or its designees and licensees, all of which liability, if any, entrant hereby expressly and irrevocably waives, releases and discharges.
By entering the Sweepstakes, each entrant consents to Sponsor’s use of their name, likeness, address, voice and statements made by or attributed to them in perpetuity in any and all worldwide media now known or hereafter developed (including, without limitation, print, broadcast, and internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law.
Sponsor is not responsible for any failure of the Page during the Entry Period including any technical malfunction of any computer, on-line systems, servers, access providers, computer equipment, software, failure of any email on account of traffic congestion on the internet or on Facebook, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material related to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes.
ODDS OF WINNING: Odds of winning are based on the eligible number of entries. The winner will be selected at random using an independent auto-generated selection process.
RANDOM DRAWING: There will be one (1) winner. A potential winner will be selected in a random drawing on September 30, 2018 from among the eligible entries received. Winner will be notified by phone or e-mail on or around September 30, 2108. Decisions of Sponsor are final.
PRIZE: One winner will receive one prize: a two (2) night lodging, except Limited Dates including Jan 16-18 (Martin Luther King), Feb 13-15 ( Presidents Weekend), July 1- 4 weekend, Sept 3-6 (Labor Day Weekend), Nov 23-26 (Thanksgiving) and Dec 23-January 1 (Christmas thru New Year). Approximate retail value (“ARV”) of prize: up to $500. The property will be assigned after travel dates and the desired location has been established. The prize includes any fees, tariffs and cleaning deposits associated with the property. Winner will be responsible for all expenses not specifically identified as a prize in this prize description section. Without limiting the generality of the foregoing, the winner is responsible for all costs and expenses of travel, food, entertainment, lodging (other than the lodging identified herein as the prize) and miscellaneous items. Sponsor is not responsible for any of the foregoing costs, nor is Sponsor responsible for any costs due to changes, adjustments or action performed by the property manager such as changes, in dates, check-in times, property, or property address.
Sponsor’s partners in the designated destination will select the vacation rental that is to be awarded to the prize-winner. Sponsor does not own, manage, or represent the vacation rental. Winner’s stay in the vacation rental shall be subject to all rules applicable to renters of the vacation rental as determined by the owner or manager of the vacation rental and the Site’s Terms of Use. Sponsor has no responsibility with respect to a reservation canceled by a prize winner or any obligations of transportation providers with respect to alternative service, refunds, or travel vouchers. The prize, or any element thereof, may be subject to additional restrictions.
All federal, state and local income taxes, insurance, licensing, registration and title fees connected to a Prize are the sole responsibility of the winner. All federal, state and local laws and regulations apply. Sponsor shall only be responsible for awarding one Prize. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Prize awarded. Prize cannot be substituted or exchanged for cash. Prize cannot be combined with other offers or used in lieu of another booking. The prize will not exceed the ARV. PRIZE IS AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY SPONSOR.
WINNER NOTIFICATION: The potential winner of the Free 2-Night Vacation will be notified by phone, e-mail or facebook messaging. Failure to respond to the initial verification e-mail or message within 48 hours after notification, or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification. Potential winner will be required to sign and return within 48 hours a1099, or an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law in form as determined by Sponsor in its sole discretion. If 1099, an Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, or, if potential winner cannot be contacted for any reason, potential winner will be disqualified and, time permitting, a next winner will be randomly drawn subject to satisfaction of all other requirements of these Official Rules.
Winner will be required to fill out a booking form for the property when the address of the property is awarded. The winner is solely responsible for all aspects and details of claiming and use of the prize, including coordinating the dates and all other details related to his or her stay with the owner or manager of the prize-related property and must be able to travel to Tahoe any time between September 30 and December 31, 2018.
PRIVACY: Please review the Sponsor’s privacy policy at: http://www.redawning.com/content/privacy-policy. By participating in the Sweepstakes you hereby agree to Sponsor’s collection and usage of your personal information as permitted by Sponsor’s privacy policy and acknowledge that you have read and accepted Sponsor’s privacy policy.
LIMITATION OF LIABILITY: By participating in the Sweepstakes, including accepting a Prize, entrant agrees not to institute any claim against Sponsor, affiliates, subsidiaries and their respective officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, the awarding (including the determination of authorized account holders), acceptance, receipt, possession, use and/or misuse of any Prize awarded herein. Upon delivery to the winner of all information required to claim the prize, Sponsor will be deemed to have awarded the prize to such winner with winner assuming full responsibility for claiming, confirmation and use of the prize.
Entrant shall indemnify the Released Parties for any claim brought by a third party with respect to entrant’s participation in the Sweepstakes. Released Parties are not responsible for any technical, hardware, software, telephone or other communication malfunctions, errors or failures of any kind, lost or unavailable network connections, Facebook, website, internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to your or any other person’s computer relating or resulting from participating in the Sweepstakes or downloading any materials in these Sweepstakes. Under no circumstances will entrants be permitted to obtain awards for any action or claim related to the Sweepstakes, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, in relation thereto and entrant further waives all rights to have damages multiplied or increased.
MISCELLANEOUS CONDITIONS: If the Sweepstakes cannot be conducted as planned, for any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select a winner from among the eligible entries prior to the cancellation. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the substantive laws of the State of California, without regard to its conflict of laws rules. Any action relating to this Sweepstakes shall be initiated only in the state and federal courts located in Alameda County, Calfornia, (USA).
Entrants agree that: (1) any and all disputes, claims,and causes of action arising out of or connected with Sweepstakes, (excluding any and all disputes, claims, and causes of action arising out of or connected with the prize or the use thereof), or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) waive any right to seek or obtain injunctive or other equitable relief, and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Sweepstakes, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, special, exemplary and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
PRIZE is provided by RedAwning.
Name of Prize Winner: For the name of Prize winner, available after September 30, 2018, please mail a self-addressed and stamped envelope to RedAwning.com, Inc. 5900 Hollis St. Emeryville CA. 94608
This alternative method of entry in this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to RedAwning.com, Inc. (“Sponsor”) and not to Facebook.
Thank you for entering our Summer Sweepstakes by rating or reviewing us on Google+, Better Business Bureau or Facebook.