This “Catamaran Instagram 5k Follower Giveaway” (“Sweepstakes”) is open to legal residents of California who are 18 years or older at the time of entry, have Internet access and a valid Instagram account and e-mail account. Employees, officers, and directors of Braemar Partnership d/b/a Catamaran Resort Hotel & Spa (“Sponsor”) and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, as well as the immediate family and household members of each such employee, whether related or not, are not eligible to participate in this Sweepstakes. By participating in the Sweepstakes, entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Sweepstakes. This Sweepstakes is void outside of the state of California and where prohibited by law.
This Sweepstakes commences at the time of the Instagram post announcing the Sweepstakes and ends at 12:00 pm Pacific Time on February 23, 2020 (the “Promotional Period”).
By registering for the Sweepstakes, you agree that your information may be used by Sponsor and Instagram in accordance with their respective privacy policies at https://www.evanshotels.com/privacy and https://help.instagram.com/519522125107875. You further agree by entering that you opt-in to receive email or other communications from Sponsor for transactional purposes related to this Sweepstakes and for future promotions. You may subsequently opt-out of the receipt of such promotional email or communications of Sponsor by following the directions in the email, communications, or by contacting Sponsor directly. Opting-out of such communications will not affect your participation, or chances to win, in the Sweepstakes.
HOW TO ENTER.
During the Promotional Period, eligible persons may enter this Sweepstakes by following the instructions provided in the Instagram post by @catamaranresortsandiego regarding this Sweepstakes. Any attempt to enter by any other method is void. All entrant information is subject to the aforementioned privacy policies of Sponsor and Instagram. Entries must be received before expiration of the Promotional Period. The computer of Sponsor’s Instagram account administrator is the official clock for this Sweepstakes. Limit one entry per person/household/email address. Any attempt to obtain multiple entries by using multiple email accounts or any other methods will void all such entries and that entrant will be disqualified. All entries become exclusive property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to who submitted an online entry, the authorized account holder of the email address used to participate will be deemed to be the entrant and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Multiple entrants are not permitted to share the same email address. Potential winner may be required to show proof of being the authorized account holder. Sponsor is not responsible for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected entries.
WINNER SELECTIONS AND REQUIREMENTS.
The potential winners will be selected by a random drawing conducted by Sponsor from all eligible entries during the Promotional Period. The drawing will take place within approximately one day after the end of the last day of the Promotional Period. Entrants whose names have been drawn as potential winner will be notified via Instagram or email within approximately two business days after the drawing. Potential winners may be required to complete, sign and return a W9 tax form and an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release within seven days of issuance of the notification. If the potential winner cannot be contacted; is ineligible according to these Official Rules; fails to respond to the email notification within five days; fails to return the required documentation to Sponsor within the time frame required; if prize or prize notification is returned as undeliverable; if the potential winner decides to decline his/her prize for any reason whatsoever; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. At time of notification, potential winners will be required to provide their first and last name and complete mailing (no P.O. boxes) address in the State of California as well as any other documentation requested by Sponsor to verify eligibility. It is the Entrant’s sole responsibility to assure that his/her email privacy settings allow for Sponsor to contact him/her via email. Entrants are therefore advised to include “@evanshotels.com” on its “Safe Senders” or other email list as well as to check their “SPAM” or junk email folder for email correspondence regarding their participation in the Sweepstakes.
Five different prize winners will receive the following Prize Package consisting of the following (“Prize Package”):
- One $150 gift card to Ocean Coastal Kitchen located at the Catamaran Resort Hotel in San Diego, CA. Advance reservations to Oceana are strongly recommended.
All prize components are based on availability and certain restrictions/black-out dates may apply. Once reservations and other prize components have been arranged, they cannot be altered and failure of winner to follow such schedule shall not obligate Sponsor in any way to provide the winner with alternate arrangements. The Prize Package and its components may not be sold, traded, transferred, substituted or rescheduled to dates not within the fulfillment period set forth above, or refunded. The Prize Package (or its components) is not redeemable for cash. Any unused prize elements will be forfeited. The Prize Package is awarded “AS-IS” WITH NO WARRANTY OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED. Any depiction of prize is for illustrative purposes only. In the event the Prize Package is unavailable, Sponsor, in its sole discretion, may substitute the Prize Package with a prize of equal or greater value. Winner is responsible for any items not specified as part of the Grand Prize Package.
ARV/ODDS OF WINNING.
The approximate retail value (“ARV”) of the total Grand Prize Package is: $150. Odds of winning will depend on the total number of eligible entries received.
TAXES AND EXPENSES.
Winner is solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use.
CONSENT AND RELEASE.
By participating, entrant consents to Sponsor’s use of entrant’s name, city and state of residence, and/or photographs and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor, without additional compensation, notification or permission, except where prohibited by law. Among other publicity, winner’s name or Instagram handle may be announced on Sponsor’s social media outlets. Entrants agree to release and hold harmless Sponsor and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, Instagram, and advertising and promotion agencies and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Releasees”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Sweepstakes, the use of or from the acceptance, use or misuse of any prize awarded. This Sweepstakes is in no way sponsored, endorsed or administered by Instagram.
LIMITATIONS OF LIABILITY.
Sponsor assumes no responsibility for lost, late, damaged, incomplete, stolen, misdirected, illegible, unreadable or returned entries; or for any computer, telephone, cable, satellite, network, electronic or Internet, hardware or software malfunctions or failures, garbled, corrupt or jumbled transmissions, or service provider/Internet/web site accessibility or availability, traffic congestion, technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information or the failure to capture such information. Sponsor reserves the right to cancel or modify the Sweepstakes for any reason, including if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize for the drawing at issue in a random drawing from among all eligible, non-suspect entries received for the drawing at issue up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to modify or terminate this sweepstakes in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the sweepstakes.
DISPUTES AND APPLICABLE LAW.
PLEASE READ CAREFULLY. Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, including eligibility declaration forms, publicity releases and waivers, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
For the name of the winner, available starting on or about March 1, 2020, or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to: ATTN: Marketing Department, Catamaran Resort Hotel, 3999 Mission Blvd, San Diego, CA 92109. Please specify the Sweepstakes name and “Copy of Rules” or “Copy of Winners’ List”. Requests must be received six (6) months after sweepstakes end date.
SPONSOR AND ADMINISTRATOR.
Braemar Partnership d/b/a Catamaran Resort Hotel & Spa, 3999 Mission Blvd, San Diego, CA 92109.