Mac McAnally Sweepstakes Rules : Margaritaville

OFFICIAL RULES:
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Official Rules

“Mac McAnally Sweepstakes”
Sponsored by
BubbleUp, Ltd.

1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID IN HAWAII AND ALASKA AND WHERE PROHIBITED OR RESTRICTED BY LAW. The Sweepstakes is sponsored by BUBBLE UP, LTD, 719 SAWDUST RD., THE WOODLANDS, TEXAS, 77380.

2. Entry Period: “Mac McAnally Sweepstakes” (the “Sweepstakes”) commences at 2:00 PM (ET) on November 5, 2009 and ends at 11:59:59 PM (ET) on November 11, 2009 (the “Sweepstakes Period”).

3. Eligibility: This Sweepstakes is open to legal residents of the State of Florida. ENTRANTS MUST BE AT LEAST 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. Employees (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of BubbleUp, Ltd. (“BU”), and its affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by BU, and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes; (b) to release and hold harmless BU, the Sponsor and its respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of a Grand Prize (as hereinafter defined); and (c) acknowledge compliance with these Official Rules.

4. To Enter: Go to www.Margaritaville.com/dolphins and complete the entry form found there. Limit one (1) online entry per name, per email address, per day. Entrants must also electronically acknowledge and agree to the terms of Margaritaville.com’s’s Privacy Policy and Terms of Use and submit the online entry form as instructed. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries.” If an entrant uses multiple e-mail addresses to submit more than one online entry only the first online entry will count. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the e-mail account used to participate in the Sweepstakes at the actual time of entry, will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

5. Grand Prize Winner Selection/Notification: There will be one (1) grand prize winner (“Grand Prize Winner”) selected by random drawing from among all of the Eligible Entries on or about November 12, 2009. BU will make up to two (2) attempts over the 24-hour period following Grand Prize Winner’s selection to contact the potential Grand Prize Winner via the telephone number(s) provided on their entry form. If a potential Grand Prize Winner cannot be reached during the 48 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected from among the remaining applicable Eligible Entries received.

6. Grand Prize Winner Verification: The potential Grand Prize Winner must prove eligibility, including, without limitation, proof of age, and residence. In the event of non-compliance by a potential Grand Prize Winner such potential Grand Prize Winner shall be disqualified and all privileges otherwise due as a Grand Prize Winner shall be terminated and an alternative potential Grand Prize Winner may be chosen from among all of the remaining applicable Eligible Entries received in BU’s sole discretion. The Grand Prize Winner and Guest (as hereinafter defined) must complete and return within 24 hours of notification (a) an affidavit of eligibility and release of BU and its respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of any Grand Prize (as hereinafter defined) or any portion thereof to be eligible for the Grand Prizes; Guest must also sign a separate and distinct travel waiver; (b) except where prohibited by law, a promotional release granting BU the right to use their name and likeness for advertising and publicity purposes without additional compensation. Entry into this Sweepstakes constitutes agreement to sign such releases. Grand Prize Winner and Guest also must acknowledge that BU has not and will not obtain or provide insurance of any kind relating to the Grand Prize and that Grand Prize Winner and Guest will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Grand Prize. Grand Prize Winner and Guest must also complete any additional legal documents provided by BU (or third party on its behalf, if applicable) with respect to the Grand Prize and return them as instructed within the time frame specified by BU or Grand Prize Winner may forfeit Grand Prize at BU’s sole discretion. Failure to return all such documents within the specified time period, noncompliance with these Official Rules or the return of any prize or prize notification will result in disqualification and selection of an alternate winner. All decisions of BU relating to the Sweepstakes are final. BU expressly reserves the right to delay the announcement of the Grand Prize Winner for creative or technical reasons or for any other reason BU deems necessary.

7. Grand Prize: The Grand Prize Winner will receive a two tickets to the November 15th NFL game at Landshark Stadium, including round-trip airfare for winners living outside a 100-miles radius of Landshark stadium or a $500 travel stipend for winners living within a 100-mile radius of Landshark Stadium, hotel accommodations for two persons for two nights, transportation to and from the game, admission to the tail gate event and a meet-and-greet with performer Mac McAnally, and game access to the PRIVATE OCEAN DRIVE CLUB, and SIDELINE CLUB. The approximate retail value (“ARV”) of the Grand Prize is $2400. The ARV is subject to change based on current market conditions at time of Grand Prize fulfillment, the mode and time of travel, and the distance between departure and destination. Any difference between the ARV and the actual value, if any, will not be awarded.

If for any reason any Grand Prize related event is delayed, cancelled or postponed, or if the Sponsor is unable in the time available to secure the required affidavit and travel companion waiver and award the Grand Prize, the Sponsor reserves the right, to cancel or modify the Sweepstakes in its discretion and award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the Grand Prize as set forth in these Official Rules. The dates for fulfillment of the Grand Prize will be on or around November 19, 2009, subject to change in Sponsor’s sole discretion.

8. General Prize Terms: All costs and expenses not specifically listed above, including, without limitation, meals, snacks, beverages, entertainment, tips, souvenirs, mini-bar, personal expenses, damages to hotel rooms, baggage fee(s), solely Grand Prize Winner’s responsibility. The value of the Prize may be taxable to Prize Winners as income. Grand Prize Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of Grand Prize Winner for the actual value of the Grand Prizes received. Upon entry into the Sweepstakes, Grand Prize Winner (as well as all other entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Grand Prize Winner’s responsibility. Sponsor shall have no responsibility or obligation to a Prize Winner or potential Prize Winner who is unable or unavailable to accept or utilize the Prizes as described herein. The odds of winning the Sweepstakes depend on the number of Eligible Entries received.

Any prize awarded hereunder that involves a ticket, pass, access to a venue or access to an athlete or athletes (collectively, a “ticket”), the ticket shall be a revocable license to the specific event and location within the venue and for the time indicated to the prize winner by the Sponsor. The Sponsor reserves the right, without the award of any substitute prize or payment of any cash equivalent value. No exchanges. The ticket user assumes all risks of personal injury incidental to the event, whether occurring prior to, during, or subsequent to the event, and holder voluntarily agrees that the Sponsor, venue/facility, league or team, artist(s) performing, athletes participating, other participants, participating clubs, and all of their respective agents, officers, directors, owners and employees are expressly released from any claims arising from such causes. The prize winner/user bears all risks of inclement weather. Tickets lost or stolen can not be replaced. Event time and date is subject to change. The resale or attempted resale of a ticket is prohibited and if discovered will result in the ticket being voided without the award of any substitute prize, exchange or payment of any cash equivalent value. The ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of the Sponsor.

No substitution, transfer or cash equivalent of the Prizes or any portion thereof permitted, except by BU, in which case a prize of equal or greater value may be awarded.

9. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.

The Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prizes and Prize Winners. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in their sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on www.Margaritaville.com and the Prizes may be awarded to winners to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by BU. All interpretations of these Official Rules and decisions by BU are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. The Sponsor reserves the right in its sole discretion to disqualify any individual they find to have tampered with the entry process or the operation of this Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Sponsor from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sponsor, and hereby acknowledge that said Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, including express warranties provided exclusively by a prize supplier that are sent along with the Prizes. Grand Prize Winner and his/her one (1) guest shall sign any and all affidavits of eligibility, publicity releases, and liability releases releasing BubbleUp, subsidiaries, affiliates and each of their respective directors, officers, agents, advertising agencies, members and employees from all liability in connection with the Sweepstakes and the prizes prior to awarding the prizes. If Grand Prize Winner and his/her one (1) guest fail to sign said documents, Grand Prize Winner and guest shall be disqualified, and all privileges otherwise due as a Grand Prize Winner shall be terminated and an alternative potential Grand Prize Winner may be chosen from among all of the remaining applicable Eligible Entries received in BU’s sole discretion.

10. WINNERS LIST: To request the name of the Grand Prize winners, please send a self-addressed, stamped, business-size envelope to: Mac McAnally Sweepstakes, 620 Park Avenue, # 332, Rochester, NY 14607. Requests must be received by December 31, 2009.

11. OFFICIAL RULES BY MAIL: For your own copy of the Official Rules, send a self-addressed, stamped, business-size envelope to Mac McAnally Sweepstakes, 620 Park Avenue, # 332, Rochester, NY 14607, for receipt by November 11, 2009.

12.SPONSOR: BUBBLE UP, LTD, 719 SAWDUST RD., THE WOODLANDS, TEXAS, 77380.