NO PURCHASE NECESSARY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF CALIFORNIA AND WHERE PROHIBITED BY LAW. ENTRANT MUST BE 21 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF THE STATE OF CALIFORNIA AT THE TIME OF ENTRY. STANDARD MESSAGING/DATA RATES, TERMS AND CONDITIONS MAY APPLY FOR ENTRIES OBTAINED VIA MOBILE PHONE/DEVICE. MOBILE PHONE/DEVICE NOT REQUIRED TO ENTER. DO NOT ENTER UNLESS YOU ARE ELIGIBLE (SEE FULL ELIGIBILITY DETAILS IN RULE 1, BELOW). BY ENTERING THE ENTER TO WIN Sweeten Your Stay Giveaway (“CONTEST”), ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL IN ALL RESPECTS.
You are providing your information to LOCALE Magazine and the information you provide will only be used in accordance with the LOCALE Magazine privacy policies, which may be found at: https://localemagazine.com/privacy-policy/.
ELIGIBILITY: The Luxury Summer Vacation at Park Hyatt Aviara Resort in Carlsbad (Sweepstakes) is open only to legal residents of the state of California who are at least twenty-one (21) years of age at the time of entry with a valid photo I.D. to enter. Prize winners will be obligated to send proof of age by providing a copy of their photo I.D. before the prize is mailed out. The following persons are not eligible to participate: LOCALE Magazine, Park Hyatt Aviara Resort, each of their respective parent companies, affiliates, subsidiaries, distributors, dealers, sales representatives, web masters/suppliers, distributors or retailers of alcohol beverage products, advertising and promotional agencies, independent contractors of any of the above organizations, anyone associated with the development, implementation or execution of this Contest, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above. The Contest is subject to all applicable federal, state, and local laws and regulations and void outside California, and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sweepstakes is subject to all applicable federal, state, and local laws.
“SPONSOR”: Park Hyatt Aviara, “Administrator”: LOCALE Magazine, PO 2971 Newport beach, Ca 92559
TIMING: The Sweepstakes begins on July 10, 2024 at 12:00 AM Pacific Time (“PT”) and ends on August 9, 2024, at 11:59 PM PT (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.
HOW TO ENTER: Visit ENTER TO WIN a Luxury Summer Vacation at Park Hyatt Aviara Resort in Carlsbad and follow the directions provided to complete and submit the online registration form to receive one (1) entry. Entrants will have to fill out their full name, date of birth, and email address. Prize winners will be obligated to send proof of age by providing a copy of their photo I.D. before the prize is mailed out. Unlimited entry allowed throughout the Sweepstakes Period. Limit one (1) entry per person regardless of entry method. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of scripts, macros or any other automated system to participate or subvert the process is prohibited and will result in disqualification. In the event of an identity dispute, entry will be considered made by the registered owner of the email account used for entry. Entrants entering online must have a valid email address. Eligibility of individual entries will be at the sole discretion of Administrator, for any reason or for no reason. Released Parties are not responsible for and will not consider incomplete or incorrect entries. Once submitted, all entries become the exclusive property of the Sponsors and will not be acknowledged nor will they be returned. All information submitted via the online registration form will be subject to, and treated in a manner consistent with, Sponsor’s privacy policy accessible at https://localemagazine.com/privacy-policy/.
RANDOM DRAWING: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will select the potential Sweepstakes winners in a random drawing from among all eligible entries received during the Promotion Period, on or around, August 10, 2024. Subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Sweepstakes. The potential winners will be notified by email on or about the first business day following the random drawing in which they were selected. Each potential winner will be required to sign and return to Sponsor, within two (2) calendar days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity (where permitted by law) Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or the prize is returned as undeliverable, potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will, for the applicable prize, select an alternate potential winner by random drawing from among all remaining eligible entries. Only three (3) total alternate random drawings will be held for each prize, time-permitting, after which the prize will remain un-awarded. Limit one (1) prize per person, family or household.
PRIZE: The Summer at Park Hyatt Aviara Sweepstakes will include:
» 2-night stay in a Fireside Suite with a s’mores kit included ($2,550 value)
» Complimentary cabana at the Splash Pool Deck ($550 value)
» Signature breakfast experience for up to 4 guests at Ponto Lago ($275 value)
» Complimentary valet parking ($130 value)
» Waived resort fee ($90 value)
Total Value: $3,595
The Prize consists only of the items described above. Blackouts day may apply. Use of this prize excludes holidays and weekends.
Sponsors make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. All Prize details are at Sponsors’ sole discretion.
RELEASE:
By participating in the Contest, entrants (and their parent(s)/legal guardian(s) if entrants are minors who are expressly prohibited from entering) release, indemnify and hold harmless the Sponsors, Administrators, Park Hyatt Aviara and each of their respective parent companies, affiliates, subsidiaries, officers, directors, partners, equity holders, agents, employees, and all others associated with the development and execution of this Contest (collectively, the “Released Parties”) from and against any and all claims, damages or liabilities with respect to, or in any way arising from or relating to such entrant’s participation or attempt to participate in the Contest, the ability or inability to upload or download any information in connection to the Contest and/or the acceptance or use (included related travel if any) of the Prize (if applicable), including without limitation liability for personal injury, damages, death, monetary loss, defamation or violation of privacy rights. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors, omissions or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed, incomplete, inaccurate, damaged, destroyed, misdirected or not received or intercepted transmissions; inaccessibility of any Web site in whole or in part for any reason; traffic congestion on the Internet or any Web site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized access, tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of any email or social media account used in connection with the Contest; any errors, omissions, interruptions, deletions, defects, delays in operation failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; causes beyond Sponsors’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); or cheating or fraud by any participant. Released Parties are not responsible for any typographical errors, any incorrect or inaccurate information, whether caused by entrants, site users, tampering, hacking or printing errors or by any of the equipment or programming associated with or utilized in the Contest; in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on any Web site. Use of any Web site is at user’s own risk. The Released Parties are responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer (hardware or software) and/or other device related to or resulting from participation in the Contest or the acceptance or use of any prize awarded. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsors reserve the right to disqualify entries made in such fashion.
By entering, entrants agree to comply with these rules. Released Parties are not liable in the event that any portion of the Contest or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control (a “Force Majeure Event”). All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of such winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, in perpetuity without further payment, permission, notification or consideration.
WINNER NOTIFICATION: The potential winner will be notified by email or phone using the contact information provided at the time of entry. Potential winners must reply with all requested information within twenty-four (24) hours of the first attempted winner notification in order to claim their prize. Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release and other documents as requested by Sponsors prior to acceptance of the prize. If, despite reasonable efforts any prize notification is returned as unclaimed or undeliverable, any potential winner is found to be ineligible, has not complied with these Official Rules, cannot be verified, fails to return any required documents, or declines a prize for any reason, such potential winner will be disqualified and at Sponsors’ discretion, an alternate potential winner may be selected. Receiving a prize is contingent upon compliance with these Official Rules. In the event that any potential winner is disqualified for any reason, Sponsors may award the prize to an alternate potential winner from among all remaining eligible entries. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS; THE DECISIONS OF THE SPONSOR ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL THE WINNER HAS BEEN VERIFIED AND NOTIFIED THAT THE VERIFICATION IS COMPLETE.
GENERAL CONDITIONS: In no event will Sponsor be liable for awarding more than one (1) grand prize. By entering the Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor, Administrator by telephone, email and/or postal mail for Sweepstakes purposes. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt to deliberately damage any website associated with the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any person responsible for the attempt to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Sweepstakes and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Sweepstakes or prize-related activity. Each winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor, or a prize provider; or (iv) otherwise violates the policies of the prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
LEGAL WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, A SPONSOR’S WEBSITE OR SOCIAL MEDIA ACCOUNT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
All federal, state and local laws and regulations apply. Winner is solely responsible for any taxes on any prize, and will receive an IRS Form 1099 for the ARV of the prize. Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide the Sponsors with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsors will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsors. No transfer of prize is permitted. Unclaimed prize will not be awarded. Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Sponsor is not responsible for lost, mutilated or stolen prizes, in which event the prize is forfeited in its entirety. Sponsor will have no obligation to award compensation in lieu thereof and no substitution will be proved except as in Sponsor’s sole discretion. Resale of prize(s) is prohibited.
DISPUTES/VENUE/GOVERNING LAW: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or the Prize, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Cook County, Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Contest, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois. Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to entrants.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or made by any representative of Sponsors, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to Sponsor’s Privacy Policy at https://localemagazine.com/privacy-policy/. By entering this Sweepstakes, each entrant confirms that he/she has read, agrees to and accepts Sponsor’s Privacy Policy.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
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