Terms & Conditions
By participating in the VICEROY LOS CABOS EMAIL SWEEPSTAKES (the “Promotion”), you (“Entrant” or “Participant”) agree to be bound without limitation by these terms, conditions, rules, regulations, requirements (the “Terms and Conditions”), and any and all decisions of of TORTUGA RESORT SAN JOSE, S.A. DE C.V. a company construed under the laws of Mexico d/b/a “Viceroy Los Cabos” and KOR Hotel Management TRM, KOR HOTEL MANAGEMENT TRM, S. DE R.L. DE C.V., a company construed under the laws of Mexico and their affiliates Viceroy Los Cabos and its affiliates (collectively, the “Sponsor”), which decisions are final and binding in any and all matters related to the Promotion.
1. Entry: There is only one (1) method of entry for this Promotion. Entrant must complete the information online at sweepstakes.viceroyhotelsandresorts.com, see below (the “Entry Form”). Contest ends on October 29, 2019 at 11:59 pm PST (the “Promotional Period”). Automated or robotic entries submitted by individuals or organizations will be disqualified. Sponsor’s computer is the official time-keeping device for the Promotion. New entries will not be accepted after the end of the Promotion Period. Sponsor reserves the right to control the timing of the giveaways during the Promotion Period.
2. Eligibility: Only U.S. residents of the 50 United States or the District of Columbia who are eighteen (18) years of age or older as of the first (1st) day of the Promotion Period are eligible to enter this contest. Employees of Sponsor, any of its members, affiliates, subsidiaries, agents, suppliers, printers, distributors, advertising and promotional agencies and the immediate family or household members of each are not eligible to participate. Only one (1) entry per person per e-mail address per day.
3. Grand Prize Winner Selection: At the end of the Promotion Period, one prize winner will be selected by Sponsor in a random drawing from among all eligible entries (“the “Random Selection Process”). The exact nature, guidelines, methods and specifications of the Random Selection Process will be selected in the sole and absolute discretion of Sponsor. Sponsor will send one (1) email to the “Potential Winner” selected via the Random Selection Process to the email address listed by the Potential Winner on the entry form (the “Notification”). The Potential Winner must respond via email to Sponsor within forty-eight (48) hours of Notification (the “Response”). If Potential Winner cannot be contacted, does not respond within forty-eight (48) hours from the Notification, and/or if the Notification is returned as undeliverable, such Potential Winner will forfeit all rights to win the Promotion or receive the Prize. If so, an “Alternate Potential Winner” may be selected by Sponsor in its sole and absolute discretion from the pool of remaining eligible participants. Upon (i) the Notification to Alternative Potential Winner; (ii) the receipt by Sponsor of Alternative Potential Winner’s Response; and (iii) determining that Alternative Potential Winner has met all eligibility requirements of the Promotion, such Alternative Potential Winner will be declared the "Winner" of the Promotion. All properly claimed prizes will be awarded, but in no event will Sponsor award more prizes than are provided for in these Terms and Conditions.
4. Prize: One (1) winner will receive the following “Prize”:
- 3-night stay
- Two one-hour massages
- Complimentary breakfast
5. Warranty: The Prize must be accepted "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Participants acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Official Rules are material terms and that they have been taken into account in the decision by Sponsor for the Promotion. No substitution or transfer of the Prize is permitted and no cash equivalent will be awarded, unless Sponsor, in its sole and absolute discretion, determines otherwise. Sponsor reserves the right but does not have the obligation to substitute a prize of equal or greater value should the Prize become unavailable for any reason. Any portion of the prize that is not used is forfeited.
6. General Conditions: This contest is not to be used in connection with any form of gambling. The Winner is responsible for all provincial and federal income taxes and all other fees and surcharges of whatever kind applicable to his or her prize. Except where legally prohibited, the prize winner grants (and agrees to confirm that grant in writing) permission for Sponsor and its advertising and promotional agencies, and those acting under the authority of each, the right to use the Winner's name and/or likeness in perpetuity for advertising and/or promotional purposes in all media now known or hereafter discovered, worldwide and on the world wide web, without notice, review, approval, or additional compensation. Delivery and use of the Prize is subject to the Winner’s completion of all documentation required by law or otherwise required by Sponsor. In the event the Winner does not confirm these Terms and Conditions in writing within the time period and in the manner specified by Sponsor, an Alternate Prize Winner may be selected. All Participant’s rights, obligations and responsibilities are strictly personal to the Participant and may not be assigned under any circumstances.
If any provision of these rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, shall be enforced to the fullest extent allowed by law as to effectuate the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
7. Conduct and Decisions: By entering this contest, entrants agree to be bound by these Terms and Conditions and the decisions of Sponsor. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contest and its decisions regarding same shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor, Sponsor reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as it deems appropriate. All decisions will be made by Sponsor and are final. Sponsor may waive any of these rules in its sole discretion. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEB SITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Indemnity: Each Entrant agrees (and each prize winner must confirm in writing) Sponsor, or any of its members, affiliates, subsidiaries, suppliers, printers, distributors, advertising and promotional agencies, and each of their respective officers, directors, employees, representatives and agents, will have no liability whatsoever for and shall be held harmless by Entrant against any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use or non-use of any Prize or participation in this Promotion, or while traveling to, preparing for or participating in any Prize-related activity. 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.
7. Limitation of Liability: Under no circumstances, including negligence, shall Sponsor or its Affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, property damage, personal injury and/or death, resulting from participation in the Promotion or acceptance, use or misuse of any Prize. Any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees. IN NO EVENT SHALL SPONSOR OR SPONSOR’S AFFILIATES OR RELATED ENTITIES BE LIABLE TO ANY PARTICIPANT FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY ELIGIBLE PARTICIPANT IN THE PROMOTION.
9. Binding Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
10. Governing Law and Jurisdiction: This Promotion and the Terms and Conditions are governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. In connection with all proceedings that are not subject to arbitration as set forth in the Binding Arbitration Section above and/or for entering any judgment on an arbitration award, the parties hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A. The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms and Conditions and/or this Promotion, including waiver to proceed in a class action.