ROYALTON DESTINATION DAYDREAM SWEEPSTAKES (the “Sweepstakes”)
Official Rules and Regulations (the “Sweepstakes Rules”)
The Sweepstakes is open to legal residents of Mexico, the United States of America, Canada, and the United Kingdom who, as at the start of the Sweepstakes Period, have reached the age of majority in their province, territory, country or state of residence. This Sweepstakes is not open to employees, officers, directors, independent contractors, judges, representatives and agents of Blue Diamond Hotels and Resorts Inc. and its affiliates and licensors (“Blue Diamond 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). Blue Diamond Resorts may require you to provide proof that you are eligible to enter the Contest and eligible to claim the Prize.
2. THE SWEEPSTAKES PERIOD
The Sweepstakes entry period commences at 5 p.m. EDT on Wednesday, April 15, 2020 and concludes at 11:59 p.m. EDT on Thursday, April 30, 2020 (the “Sweepstakes Period”).
3. HOW TO ENTER
NO PURCHASE NECESSARY. There are two ways to enter during the Sweepstakes Period:
a) On Facebook, you must follow @RoyaltonResorts and participate in the “Royalton Destination Daydream Sweepstakes” by commenting on the sweepstakes post. For one (1) bonus entry, tag a friend or family member in your comment. Your name will be automatically entered into the Sweepstakes.
b) On Instagram, you must follow @RoyaltonResorts and participate in the “Royalton Destination Daydream Sweepstakes” by commenting on the sweepstakes post. For one (1) bonus entry, tag a friend or family member in your comment. Your name will be automatically entered into the Sweepstakes.
Entrants can enter multiple times during the sweepstakes duration. Blue Diamond Resorts reserves the right, in its sole discretion, to void and destroy any entries deemed inappropriate.
By submitting an entry, entrants agree to be bound by these official Sweepstakes Rules, which are subject to change in Blue Diamond Resorts’ sole discretion.
4. THE PRIZE
There is one (1) prize (“Prize”) to be won. The Prize consists of an all-inclusive vacation for two (2) adults which shall include the following:
- Seven (7) nights standard accommodations at a Royalton Luxury Resorts property of your choice, including Royalton Riviera Cancun, Royalton Suites Cancun, Royalton Punta Cana, Royalton Bavaro, Royalton Negril, Royalton Blue Waters, Royalton Whites Sands, Royalton Hicacos, Royalton Cayo Santa Maria Royalton Saint Lucia, Royalton Antigua and Royalton Grenada; in a room based on double occupancy.
- An all-inclusive meal plan while staying at Royalton Luxury Resorts
- Roundtrip land transfers between the airport and hotel in destination
- All hotel taxes and processing fees
The approximate value for one all-inclusive vacation for two (2) at a Royalton Luxury Resort is $2,400 USD, $3,350 CDN, $ 56,500 Pesos, or £1,930 Pounds.
NOT INCLUDED IN YOUR PRIZE
The Prize winner and his or her guest are solely responsible for all incidental costs and expenses not specifically referred to here as part of the Prize description including, but not limited to the following:
- Roundtrip flights or other transportation from your home to the destination
- Ground transportation not specifically mentioned above (including transportation to and from you and your guest(s)’ homes)
- Airport improvement fees
- Taxes (including, but not limited to, departure taxes, air seat/airline taxes and applicable federal, provincial, municipal, state and/or local taxes)
- Insurance (including, but not limited to, travel insurance, medical insurance and trip cancellation insurance)
- Sightseeing tours and other in-destination activities
- Travel related fees/surcharges
- Checked baggage & excess baggage fees
- Costs associated with obtaining travel documents (including, but not limited to passports and visas)
- Costs associated with obtaining necessary vaccinations
- Items of personal nature
- Additional meals
- Room upgrade
- Tips & gratuities
- In-room movies
- Spa treatments
5. PRIZE CONDITIONS
- You accept the prize “as is” otherwise it will be forfeited
- Travel is valid from November 1, 2020 until December 1, 2021 (the “Travel Period”)
- Travel is subject to availability and must be requested a minimum of four (4) weeks prior to the requested departure date
- Blackout periods apply, including without limitation: Dec 17-Jan 04, Jan 14-28, Feb 12 – 22, March 12-19, Apr 1-15, May 23-30, June 27-July 4, Aug 01-31 and Nov 21-28 subject to availability
- If you are unable to travel during the Travel Period, you will be required to forfeit the prize and an alternate winner may be selected at Blue Diamond Resorts’ sole discretion
- Once the reservation is made, it cannot be changed
- You and your travel guest(s) 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
- Any lost or stolen, travel vouchers or certificates will not be replaced
- If the prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeit
- Elements of the prize (including, without limitation, airfare and lodging) may not be used towards frequent flyer miles or other loyalty programs
- You and your 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 Blue Diamond Resorts in its sole discretion. Blue Diamond 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
On Monday, May 4, 2020 at 10:00 a.m. EDT (“Winner Selection Date”) at the offices of Blue Diamond Resorts, a Blue Diamond Resorts representative will randomly select one (1) entrant and will make an announcement on the Website on Tuesday, May 12, 2020 at 10:00 a.m. EDT. Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period.
The selected entrant will be contacted by a representative of Blue Diamond Resorts within twenty-four (24) hours of the Winner Selection Day by sending direct messages via the social media platform the entrant used to submit his or her entry. Blue Diamond 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 three (3) 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 Blue Diamond 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:
a) If the selected entrant is a resident of Canada or Mexico, the selected entrant must correctly answer, unaided, a time-limited skill-testing mathematical question during a prearranged telephone call; and
b) The selected entrant and his or her guest must each sign and return to Blue Diamond Resorts a standard form Declaration and Release (the “Release Form”) confirming compliance with the Sweepstakes Rules, acceptance of the Prize as awarded and releasing Blue Diamond Resorts, its affiliates and each of their respective officers, directors, employees, representatives and agents from all liability arising in connection with the Sweepstakes and the Prize. The Release Form will be emailed to the selected entrant at the email address provided on his or her Sweepstakes 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 fails to answer the mathematical question correctly (if applicable), does not return the signed Release Form as instructed by Blue Diamond Resorts and within two (2) days of receipt of such Release Form, or otherwise does not meet all Sweepstakes Rules, the selected entrant will be disqualified and the Prize will be forfeited. Blue Diamond Resorts will then award the Prize (subject to these Sweepstakes Rules) to another selected entrant drawn from the remaining entries, at its sole discretion.
The name and province, territory, country, or state of residence of the winner can be viewed on the Website for a period of fourteen (14) days from the Winner Selection Date.
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 Sweepstakes, each entrant, regardless of whether or not he or she is selected as the Prize winner, grants to Blue Diamond 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 Sweepstakes 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. Blue Diamond 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 Blue Diamond Resorts’ expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Blue Diamond Resorts to effect, perfect, or confirm Blue Diamond Resorts’ rights set forth above in this Section. Entrant will not be entitled to compensation for any use by Blue Diamond 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 Blue Diamond Resorts herein or, alternatively, entrant has obtained all necessary rights and permissions to use and submit the Materials in connection with the Sweepstakes and to provide all the rights specified in these Sweepstakes Rules; and
(c) that the rights that entrant is granting under these Sweepstakes 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; and
(d) that if the entrant’s entry contains an image or representation of an identifiable feature of a person other than himself/herself (for example, if a third party’s face or part thereof was shown so that such person could be identified), entrant has obtained the express written approval of such third party before submitting the entry. Entrant agrees to provide a copy of such consent to Blue Diamond Resorts upon request.
12. REPRESENTATIONS AND WARRANTIES OF BLUE DIAMOND RESORTS
The Prize winner accepts the Prize “as is”. Blue Diamond 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 Sweepstakes. The Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from Blue Diamond 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, Blue Diamond Resorts reserves the right to cancel, suspend, terminate and/or modify the Sweepstakes Rules or administration of the Sweepstakes, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Sweepstakes is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of Blue Diamond Resorts.
Blue Diamond Resorts further reserves the right to disqualify, from this Sweepstakes and future sweepstakes of Blue Diamond Resorts, any individual who tampers with or in any way corrupts the entry process. Blue Diamond Resorts may prohibit an entrant from participating in the Sweepstakes, future sweepstakes of Blue Diamond Resorts and/or winning a prize if, in Blue Diamond Resorts’ sole discretion, Blue Diamond Resorts determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Sweepstakes (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 Blue Diamond Resorts representatives.
Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and should such an attempt be made, Blue Diamond 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 Sweepstakes, the entrant agrees that Blue Diamond Resorts shall have no liability and agrees to release, indemnify and hold harmless Blue Diamond 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 Sweepstakes or inability to participate in the Sweepstakes; (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.
Blue Diamond Resorts will not be responsible for lost, stolen, illegible, incomplete, inaccurate or destroyed entries, and all such entries are void. Blue Diamond 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 BLUE DIAMOND 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 SWEEPSTAKES; (B) THE ENTRIES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) THE BREACH OF THE SWEEPSTAKES RULES; OR (E) THE PRIZE.
15. WHERE SWEEPSTAKES RULES AND REGULATIONS ARE AVAILABLE
These Sweepstakes Rules are available online at the Website or entrant may request a copy of the Sweepstakes Rules by sending a self-addressed, stamped envelope to: Royalton Destination Daydream Sweepstakes c/o Blue Diamond Resorts, Cidel Place, Lower Collymore Rock, St. Michael, St. Michael BB11000, Barbados. Phone number: +52 9982833900.
For information regarding these Sweepstakes Rules entrant can contact Blue Diamond Resorts at [email protected], Monday to Friday from 9:00 a.m. to 5:00 p.m. EDT.
16. QUEBEC RESIDENTS
Any litigation involving a Quebec resident respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation involving a Quebec resident respecting the awarding of a prize
17. UK RESIDENTS
The provisions of Section 14 of these Contest Rules shall not apply where the entrant is a resident of the United Kingdom. However, by participating in the Contest, the entrant agrees that Blue Diamond Resorts and its affiliates, subsidiaries, advertising and promotional agencies, dealers, prize suppliers and each of their respective agents, representatives, officers, directors, shareholders, and employees will not be responsible or liable to compensate any entrant or the winner for any losses that were not in the reasonable contemplation of, and were not reasonably foreseeable by Blue Diamond Resorts.
18. SWEEPSTAKES SPONSOR
The Sweepstakes 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 Blue Diamond Resorts and not to Facebook, Twitter or Instagram. Facebook and Instagram are completely released of all liability by each entrant in this Sweepstakes.
19. COMPLIANCE WITH LAWS
This Sweepstakes is subject to all applicable federal, provincial, territorial, state and municipal laws and regulations. This Sweepstakes is void where prohibited or restricted by applicable laws. If the entrant is a Mexican resident, the entrant hereby irrevocably attorns to the jurisdiction of the Courts of the city of Cancun, Quintana Roo, Mexico. 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 State of New York.