ROYALTON FIT FRIDAYS (the “Contest”)
The Contest is open to legal residents of the USA and Canada, excluding residents of the Province of Quebec, who, as at the start of the Contest Period, have reached the age of majority in their province, territory, or state of residence. This Contest is not open to employees, officers, directors, independent contractors, judges, representatives and agents of Blue Diamond Hotels and Resorts Inc. d.b.a Royalton Resorts and its affiliates and licensors (“Royalton Resorts”) or their respective advertising and promotional agencies, dealers, prize suppliers, as well as those with whom any of the foregoing are domiciled (whether legally related or not).
2. THE CONTEST PERIOD
The Contest entry period commences at 12:00 p.m. EDT on September 7, 2018 and concludes at 11:59 p.m. EDT on September 28, 2018 (the “Contest Period”).
3. HOW TO ENTER
NO PURCHASE NECESSARY. During the Contest Period, share a photo or video on Twitter, Facebook, or Instagram using the hashtags: #FitFridays and #RoyaltonFit (the “Hashtags”). The photo must be of the individual engaging in a fitness activity and will be judged for content creativity and inspiration.
Four (4) entries per person during the Contest Period are permitted, one each week of the Contest Period. In the event that Royalton Resorts receives more than the permitted number of entries from an entrant during the Contest Period, Royalton Resorts reserves the right to void and destroy any entries from that entrant, and that entrant may, at the sole discretion of Royalton Resorts, be disqualified from the Contest.
By submitting an entry, entrants agree to be bound by these official Contest Rules, which are subject to change in Royalton Resorts’ sole discretion.
4. THE PRIZE
There are four (4) prizes (each a “Prize”) to be won. The Prize consists of hotel accommodation and round-trip airfare to Cancun for two adults which shall include the following:
• four (4) nights’ standard accommodation for two adults (based on double occupancy, base room category) at Royalton Riviera Cancun Resort & Spa
• two (2) round-trip flights to Cancun, Mexico
• all hotel taxes and processing fees;
• land airport-hotel transfers in the destination;
• the exclusive opportunity to participate in a Royalton Fit photoshoot
• all meals and beverages, based on all-inclusive meal plan while at Royalton Riviera Cancun Resort & Spa
The approximate retail value of the Prize is $5,200 CDN or $ 4,000 USD.
5. PRIZE CONDITIONS
Travel must be completed November 29 – December 3, 2018 (the “Travel Period”). If the Prize winner is unable to travel during the Travel Period, he or she will be required to forfeit the Prize and an alternate winner may be selected in Royalton Resorts’ sole discretion, pursuant to Section 7 herein. Travel arrangements must be made according to instructions given to the Prize winner to be sent by email. Once reservations are made, they cannot be changed. All reservations are subject to the terms and conditions located on our website located at RoyaltonResorts.com. Other restrictions may apply, please contact Royalton Resorts for more information.
The Prize winner and his or her guest must travel together on the same itinerary. The Prize winner and his or her guest must be in possession of a valid passport and other necessary travel documents upon selection, which documents must be valid prior to, and for the duration of the trip. Failure to obtain necessary travel documentation will result in forfeiture of the Prize.
The Prize winner and his or her guest are solely responsible for all incidental costs and expenses not specifically referred to herein as part of the Prize description, including but not limited to, ground transportation not specifically mentioned above (including transportation to and from the Prize winner’s home), airport improvement fees, travel insurance, medical insurance, trip cancellation insurance, connector flights, sightseeing tours and other in destination activities, tips, taxes (including, but not limited to, departure taxes, air seat/airline taxes and applicable federal, provincial, municipal, state and/or local taxes on the Prize), travel-related fees/surcharges, excess baggage fees, costs associated with obtaining travel documents, visas, or necessary vaccinations, or items of a personal nature, additional meals, room upgrade, gratuities, in-room movies, any medical service or treatment that may be required by the Prize winner or any other service or expense that may arise from any known or unknown circumstances to the Prize winner (collectively, the “Expenses”). The Prize winner and his or her guest shall not seek reimbursement for the Expenses from Royalton Resorts.
Any lost or stolen tickets, travel vouchers or certificates will not be replaced. Royalton Resorts reserves the right to structure travel routes and select hotels in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Royalton Resorts.
If the Prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeited.
Elements of the Prize (including, without limitation lodging) may not be used towards frequent flyer miles or other loyalty programs.
The Prize winner and his or her guest must comply with all applicable laws, including but not limited to, all local laws while in destination.
6. PRIZE SUBSTITUTION
The Prize, and any portion thereof, is non-exchangeable, non-transferable, non-refundable, has no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by Royalton Resorts in its sole discretion. Royalton Resorts reserves the right, in its sole discretion, to substitute and/or modify the Prize or any portion thereof, with a Prize of equal or greater value for any reason.
7. WINNER SELECTION
Royalton Resorts will appoint a panel of at least five (5) judges (“Judges”) who are charged with selecting the winners. Entries will be judged based on the following criteria, in the sole discretion of the Judges: (a) appeal of the composition and subject matter; and (b) overall quality of the image.
On October 10, 2018 at 1:00 p.m. EDT (“Winner Selection Date”) at 27 Fasken Drive, Etobicoke, Ontario, the Judges will select four (4) selected entrants as the potential winners of the Prize and Royalton Resorts will make an announcement on the Royalton Resorts social media pages on October 17 at 12:00 p.m. EDT. Odds of winning depend on the total number of eligible entries received during the Contest Period and the relative performance of each entrant.
The selected entrants will be contacted by a representative of Royalton Resorts within twenty-four (24) hours of the Winner Selection Day by social media direct message (the method selected in Royalton Resorts’ sole discretion), as provided by the entrants in his or her Contest entry method. Royalton Resorts is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of social media direct message.
If the selected entrants are unable to be contacted (including failing to return messages) within two (2) days of the Winner Selection Date, declines to accept the Prize or is found to be ineligible, his or her rights to the Prize shall be forfeited and another eligible entrant may be selected in Royalton Resorts’ sole discretion and pursuant to Section 7 herein.
In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.
8. DECLARATION AND RELEASE OF THE PRIZE WINNER
Before being awarded the Prize the selected entrant and his or her guest must each sign and return to Royalton Resorts’ a standard form Declaration and Release (the “Release Form”) confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing Royalton Resorts, its affiliates and each of their respective officers, directors, employees, representatives and agents from all liability arising in connection with the Contest and the Prize. The Release Form will be emailed to the selected entrant at the email address provided on his or her Contest entry form. The selected entrant is responsible for obtaining and returning signed copies of the Release Form from his or her guest. In the event the selected entrant’s guest is a minor, the parent or legal guardian of the minor must sign the Release Form on behalf of the minor. If the selected entrant is not the parent or legal guardian of the minor, the parent or legal guardian of the minor must consent to the designated accompanying adult in taking part in the Prize.
In the event that the selected entrant does not return the signed Release Form as instructed by Royalton Resorts and within two (2) days of receipt of such Release Form, or otherwise does not meet all Contest Rules, the selected entrant will be disqualified and the Prize will be forfeited. Royalton Resorts will then award the Prize (subject to these Contest Rules) to another selected entrant selected from the remaining entries, at its sole discretion.
9. OWNERSHIP OF ENTRIES AND PUBLICITY RELEASE
Entrant retains the copyright in the Materials (as defined below) submitted with his or her entry. Except where prohibited by law, by entering the Contest, each entrant, regardless of whether or not he or she is selected as the Prize winner, grants to Royalton Resorts and its advertising and promotional agencies, and each of their respective affiliates and subsidiaries, an exclusive, perpetual, irrevocable, royalty-free, worldwide license to display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, use and/or reuse, sublicense entrant’s Materials or any portion thereof, and otherwise exploit the entrant’s entry and any other information and material provided by entrant at any time (including, but not limited to, the entrant’s name, city of residence and province, voice, likeness, photograph and likeness of entrant, image or any other aspect of entrant’s personality, photographs, images, video, biography, statements, story and endorsements) (collectively “Materials”), in whole or in part, individually or in conjunction with other items for the purpose of this Contest or any other purpose (including, but not limited to, entertainment, instruction/education, advertising, marketing, promotional and/or publicity purposes), throughout the world, in any manner, form, media or technology now known or hereafter devised (including, but not limited to, print, video, television, social media, internet and broadcast). The entrant hereby waives any right to inspect or approve any advertising copy or other material which may be used in conjunction with the entry and any moral rights entrant may have in or in respect thereof. Royalton Resorts will have no obligation to publish or use or retain any Materials entrant submits or to return any Materials to entrant. Entrant agrees that it is his or her sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this Section. Entrant agrees to take, at Royalton Resorts’ expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Royalton Resorts to effect, perfect, or confirm Royalton Resorts’ rights set forth above in this Section. Entrant will not be entitled to compensation for any use by Royalton Resorts, or its agents, licensees or assignees, of entrant’s Materials.
10. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION AND TO RECEIVE ELECTRONIC MESSAGES
11. REPRESENTATIONS AND WARRANTIES OF ENTRANT
Entrant represents and warrants:
(a) that if Materials are submitted with his or entry, such Materials:
i. are his or her own original work;
ii. do not contain material or images that is obscene, inappropriate, offensive, or defamatory;
iii. do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
iv. do not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
v. do not and will not violate any applicable law, statute, ordinance, rule or regulation; and
vi. do not trigger any reporting or royalty obligation to any third party;
(b) that he or she has the right to grant the rights granted to Sunwing herein or, alternatively, entrant has obtained all necessary rights and permissions to use and submit the Materials in connection with the Contest and to provide all the rights specified in these Contest Rules; and
(c) that the rights that entrant is granting under these Contest Rules do not conflict in any way with any other agreement to which he or she is a party, or with any commitments, restrictions, or obligations that he or she is under to any other person or entity.
12. REPRESENTATIONS AND WARRANTIES OF ROYALTON RESORTS
The Prize winner accepts the Prize “as is”. Royalton Resorts does not make any representations nor offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. The Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from Royalton Resorts should the Prize fail to be fit for its purpose or is in any way unsatisfactory to the Prize winner.
13. SUSPENSION/TERMINATION/MODIFICATION AND TAMPERING
Subject to applicable law, Royalton Resorts reserves the right to cancel, suspend, terminate and/or modify the Contest Rules or administration of the Contest, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of Royalton Resorts.
Royalton Resorts further reserves the right to disqualify, from this Contest and future contests of Royalton Resorts, any individual who tampers with or in any way corrupts the entry process. Royalton Resorts may prohibit an entrant from participating in the Contest, future contests of Royalton Resorts and/or winning a prize if, in Royalton Resorts’ sole discretion, Royalton Resorts determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Contest (including but not limited to the use of automated quick entry programs), prize, or intending to annoy, abuse, threaten or harass any other entrants or Royalton Resorts representatives.
Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, Royalton Resorts reserves the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.
14. INDEMNITY AND LIABILITY
By participating in the Contest, the entrant agrees that Royalton Resorts shall have no liability and agrees to release, indemnify and hold harmless Royalton Resorts and its affiliates, subsidiaries, advertising and promotional agencies, dealers, prize suppliers and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, demands, suits, proceedings, costs, expenses, including without limitation any legal fees and any liability of any kind resulting from or arising directly or indirectly out of: (a) the entrant’s participation in the Contest or inability to participate in the Contest; (b) the acceptance, possession, use, enjoyment or misuse of the Prize; (c) with respect to the entry and any other information and/or material submitted by the entrant including, but not limited to, all actions of passing off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark or any other proprietary right; or (d) any breach of the entrant’s representations and warranties above.
Royalton Resorts will not be responsible for lost, stolen, illegible, incomplete, inaccurate or destroyed entries, and all such entries are void. Royalton Resorts assumes no responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, emails, computer equipment, servers, software, access providers, or any combination thereof.
IN NO EVENT SHALL ROYALTON RESORTS BE HELD LIABLE TO ENTRANT OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE CONTEST; (B) THE ENTRIES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) THE BREACH OF THE CONTEST RULES; OR (E) THE PRIZE.
15. WHERE CONTEST RULES AND REGULATIONS ARE AVAILABLE
These Contest Rules are available online at the Website or entrant may request a copy of the Contest Rules by sending a self-addressed, stamped envelope to: Royalton Fit Fridays c/o Royalton Resorts, Cidel Place, Lower Collymore Rock, St. Michael, St. Michael BB11000, Barbados. Phone number: +52 9982833900.
For information regarding these Contest Rules entrant can contact Royalton Resorts at email@example.com, Monday to Friday from 9:00 a.m. to 5:00 p.m.EDT.
16. CONTEST SPONSOR
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. All information provided by entrant is being provided to Royalton Resorts and not to Facebook, Twitter or Instagram. Facebook, Twitter and Instagram are completely released of all liability by each entrant in this Contest.
17. COMPLIANCE WITH LAWS
This Contest is subject to all applicable federal, provincial, territorial, state and municipal laws and regulations. This Contest is void where prohibited or restricted by applicable laws. If the entrant is a Canadian resident, the entrant hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Ontario. If the entrant is a U.S. resident, the entrant hereby irrevocably attorns to the jurisdiction of the Courts of the Province of New York.