2021 A Berry Sperry Fall at Ocean Edge Giveaway – Official Rules
- Description. The 2021 A Berry Sperry Fall at Ocean Edge Giveaway Contest (the “Contest”) begins at 12:01 am ET on October 7, 2021 and ends at 11:59 pm ET on October 10, 2021 (the “Contest Period”). By participating in the Contest, participants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor (as defined in Section 11), which shall be final and binding in all respects. Receipt of a prize is contingent upon fulfilling all requirements set forth herein
- Eligibility. NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Must be 18 years or older at the time of entry and a legal resident of the fifty (50) United States (including the District of Columbia). Employees, officers, and directors of Sponsor, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings, and grandparents) and household members of each such employee, officer, and director are not eligible. Void where prohibited by law. All federal, state and local laws, rules and regulations apply.
- How to Enter. To enter, you must during the Contest Period: (1) Follow @sperry, @oceanedge and @oceanspray on Instagram; (2) tag the Instagram account of your favorite travel buddy; and (3) share the designated Contest Instagram post to your Instagram story. LIMIT ONE (1) ENTRY PER PERSON. Entries that are incomplete for any reason and those containing invalid e-mail addresses will be disqualified and removed from the Contest. Any attempt to enter using multiple/different email addresses, social media account names, identities, registrations and logins, or any other methods will void all of an entrant’s entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
Entries become the exclusive property of Sponsor and will not be acknowledged or returned. By entering the Contest, you grant Sponsor a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, televise, digitize, and otherwise use your entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its goods or services. You further agree that Sponsor may use your name, likeness, and written entry all without further consent from or payment to you.
- Intentionally Omitted.
- Winner Selection. After the Contest Period, Sponsor will conduct a random drawing to select one (1) winner from among all Qualified Entries received during the Contest Period. Odds of winning a prize depend on number of eligible entries received. Prize winner will be notified through direct message on Instagram and may be required to complete and return an eligibility affidavit and liability/publicity release. If a potential winner cannot be contacted within three (3) days after Sponsor’s first attempt, does not meet the eligibility criteria, does not fully comply with these Official Rules, or fails to sign and return the affidavit and/or release, then the potential winner forfeits the prize and an alternate winner will be selected. Potential prize winners may be required to provide a taxpayer identification number or social security number for tax reporting purposes.
If a prize winner is considered a minor in his or her jurisdiction of residence, the prize will be awarded in the name of, or to, the winner’s parent or legal guardian, who must accept the prize, execute any required documents, and agree to all obligations and undertakings of the winner, both on behalf of himself/herself and winner, or the prize may be forfeited and awarded to an alternate winner. Under no circumstances will a prize be awarded as the result of an entry by an individual under 13 years of age.
- Prizes. One (1) Grand Prize: consisting of (a) two nights of accommodations at Ocean Edge Resort in Cape Cod (see restrictions below); (b) the following items at the Ocean Edge Resort: a $100 spa credit, a bike rental for two, a picnic basket (Ocean Spray dried cranberries and juice, recipe cards and blanket), a bottle of Ocean Edge label wine, and a charcuterie board (cheeses and fruits); and (c) two free Sperry shoe codes and a 20% off code good at Sperry.com. Approximate Retail Value (“ARV”) of each Grand Prize is US$800. Additional terms and conditions may apply to any gift cards, promotional codes, or similar prizes awarded. Prizes are non-transferable and may not be substituted for cash. Sponsor, in its sole discretion, may substitute a prize (or prize component) of equal or greater value due to unavailability of prize (or prize component) for any reason.
Winners of prizes valued at an ARV of $600 or more collectively will be required to provide a taxpayer identification number or social security number for the purpose of issuing an IRS 1099 Tax Form for the fair market value of the prize for the year in which it was awarded.
Restrictions on Two Night Stay at Ocean Edge: travel must be redeemed before March 31, 2021, and cannot be redeemed on the following holiday weekends: Columbus Day weekend, Thanksgiving weekend, Christmas day, New Years Eve, and MLK Day weekend. The type of guest room will be determined by Ocean Edge Resort. The prize will be payable in the form of an Ocean Edge gift certificate used to book winner’s stay.
Actual value of the Grand Prize depends upon the cost of accommodations at the time of reservation. Sponsor is not responsible, and will not provide a refund or other compensation, for any cancellations or postponements of any prize component. All taxes, costs, and expenses incurred by the Grand Prize winner or his/her travel guest in claiming or using the Grand Prize not specifically described herein are their sole responsibility, including but not limited to airfare, and required travel documentation, visas, or passports.
- General Conditions. All taxes and other expenses are the sole responsibility of the winner. Gift certificates are valid only at Sponsor’s website and are subject to expiration and other terms and conditions. Neither Sponsor nor Instagram are responsible or liable for, and entrants (or, if a minor in their place of residence, the participant’s parent or legal guardian on his or her behalf) completely release and hold Sponsor and Instagram harmless against: (a) illegible, incomplete, damaged, misdirected, stolen, late, or lost Entry Forms; (b) network, internet, or computer malfunctions or damage related to or resulting from participating in the Contest; (c) any condition caused by events beyond the control of Sponsor which may cause the Contest to be disrupted or corrupted; or (d) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance or use of the prize, or from participation in the Contest. Any entrant attempting to defraud or in any way tamper with this Contest, including but not limited to using automated processes for entry, will be ineligible. If for any reason the Contest is not capable of running as originally planned, including but not limited to technical corruption or non-authorized human intervention, Sponsor in its sole discretion reserve the right to modify or cancel the Contest. CAUTION: 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 A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Release. By receipt of any prize, winner (or, if a minor in his/her place of residence, the winner’s parent or legal guardian on his or her behalf) agrees that Sponsor, Instagram, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner’s participation in the Contest.
- Disputes. As a condition of participating in the Contest, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the Contest, shall be resolved on an individual basis, without resort to any form of class action. This means neither you nor Sponsor may join or consolidate claims in arbitration or court by or against any other person or entity, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. In addition, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in Michigan within two hundred miles of Grand Rapids, Michigan by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering the Contest). Entrant further waives all rights to have damages multiplied or increased.
- Winners List. Names of prize winners may be requested by sending a self-addressed, stamped envelope by December 31, 2021 to Sponsor to the attention of “2021 A Berry Sperry Fall at Ocean Edge Giveaway.”
- Sponsor/Administrator. The Sponsor and Administrator of this Contest is (a) Sperry, a division of Wolverine World Wide, Inc., 500 Totten Pond Rd., Waltham, MA 02451, (b) Ocean Edge Resort & Golf Club, 2907 Main St., Brewster, MA 02361, and (c) Ocean Spray Cranberries, Inc., 152 Bridge St., Middleborough, MA 02346 (“Sponsor”). This Contest is not in any way sponsored, endorsed, administered by or associated with Instagram.
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