OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The “Escape to St. Lucia Giveaway” (“Promotion”) is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are twenty-one (21) years of age or older at the time of entry. Void in Alaska, Hawaii and where prohibited.All federal, state, and local laws & regulations apply. Employees of White Plum, Inc., Homeaway, and Time, Inc., and their respective parents, affiliate companies, and subsidiaries , joint-venture partners, promotion agencies, suppliers and members of their immediate families, are not eligible. Void where prohibited by law. For purposes of this Promotion, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Prize Provider’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR: White Plum, Inc., 5272 Jerusalem Court, Suite D, Modesto, CA 95356
3. PROMOTIONAL PARTNERS: White Plum, Inc., HomeAway, and Time, Inc.
4. TIMING: The Promotion begins on November 11, 2015 and ends on November 25, 2015 (the “Promotion Period”).
5. HOW TO ENTER: During the Promotion Period, visit landing page URL (“Promotion website”) and enter by following the on screen entry instructions. Limited to one entry per person. No more than one person can enter using the same email address.Use of any automated system to participate is prohibited and will result in disqualification. Multiple entrants are not permitted to share the same email address.
6. ENTRY ERRORS: Sponsor and Promotional Partners are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor and Promotional Partners are not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, WIFI, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
7. WINNER SELECTION AND NOTIFICATION: A random drawing will be conducted on or about December 1, 2015 by Sponsor from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential prize winner will be notified via email. Entrants are responsible for insuring that all email information is up-to-date and accurate. Prize notice returned as undeliverable will result in the disqualification of the potential prize winner and an alternate winner will be selected. The entrant initially selected as the potential winner will be notified by email within 3 days of the end of the Promotion Period. White Plum, Inc.’s decision as to the random drawing are final. If White Plum, Inc. contacts the Winner and does not hear back within 3 business days a new random winner will be generated 5PM PT at the end of the 5th business day. The failure to respond timely to the notification may result in forfeiture of the prize and selection of an alternate winner. Prize winner may be required to verify address and to execute before a notary public and return within 7 days an affidavit of eligibility and liability/publicity release covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. Prize shall not be awarded until all such properly executed and notarized forms are returned.
8. PRIZES: ONE (1) GRAND PRIZE: Prize consists of the following for winner and one (1) guest: a) Round-trip airfare for two (up to $2,000 total) to St. Lucia Hewanorra International Airport; b) HomeAway property accommodations for two includes: Four-night stay at Villa Pierre; c) $500 White Plum, Inc. shopping spree (to be awarded all at once); d) Helicopter tour of North and South of the island for two ($400 value); e) One meal for two provided by a private chef at the HomeAway property + 20% tip included; f) One couples massage at the HomeAway property + 20% tip included. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes, tips or other expenses are the responsibility solely of winner. Major credit card may be required at check in to cover any incidental expenses. Approximate Retail Value: $4,994. Actual value may vary depending on number of travelers and departure city and date; any difference between actual and stated value will not be awarded. Winner and their guest (if any) must execute liability/publicity releases prior to receipt of the prize. Guest must be 21 years of age or older by the date of departure and must travel on same itinerary and at the same time as the winner. Winner and travel companion are solely responsible for obtaining valid passports, visas and any other documents necessary for international travel. Winner and their guest must schedule the travel to and from St. Lucia upon winning the prize and they are required to travel in the year 2016. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner will not receive cash differential between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.
9. ODDS OF WINNING: Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
10. CONDITIONS OF PARTICIPATION/INDEMNIFICATION: By participating, entrants agree to be bound by these official rules and the decisions of the Sponsor and the Administrator, which shall be final in all respects. Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Promotion and/or by accepting any prize that they may win, entrants agree that the Promotion Entities, HomeAway, Time Inc., and White Plum, Inc.; each of their parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Indemnified Parties") shall not be liable for any and all actions, claims, including any third party claims, injury, loss or damage arising in any manner, directly or indirectly, arising from or relating to this Promotion, including entry and participation in this Promotion and acceptance, possession, use or misuse of any prize. Each entrant, including each prize winner, by participating in the Promotion, agrees to fully indemnify each Indemnified Party from any and all such claims by third parties without limitation. Entrants authorize the Indemnified Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. The Indemnified Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Promotion; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Promotion. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion, and reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Promotion. Sponsor may prohibit you from participating in the Promotion or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives.
11. RELEASE: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Promotion Entities, HomeAway, Time, Inc., and White Plum, Inc., as well as their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, employees, officers, directors agents and prize suppliers, (“Released Parties”), from any and all actions, suits, damages, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, claims and demands whatsoever, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize, including any travel related activities.
12. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Promotion, as determined by Sponsor in its sole discretion, in which case sponsor will award prizes among all eligible entries unaffected by the problem. 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 Promotion or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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 such person 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.
13. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of California or the appropriate California State Court located in Modesto, CA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In the event of a dispute, the person to whom the email address used to enter the Promotion was registered will be deemed the winning entrant. Potential winner may be required to show proof of identification in conjunction with prize award/ acceptance. Substitution: No assignment or transfer of prize will be permitted, except at Sponsor’s sole discretion. WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZE.
15. WINNER LIST: For the name of the Winner, available after December 15, 2015, send a stamped, self-addressed envelope to: White Plum, Inc. ATTN: St. Lucia Giveaway Winner, 5272 Jerusalem Court, Suite D, Modesto, CA 95356 by December 30, 2015.
THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, PINTEREST, TWITTER and INSTAGRAM.