Margaritaville’s “Pink October” Giveaway OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: “2019 Pink October” (“Giveaway”) is open only to legal residents of the United States; the Canadian provinces of Alberta, British Columbia, and Ontario; and age 21 or older. Employees and directors of Margaritaville Holdings LLC (“Sponsor”), their respective parents, subsidiaries, affiliated companies, and advertising, promotion, or production agencies associated with this offering (and the IRS dependents, immediate family members and individuals residing in the same household as any of the foregoing persons) are not eligible. All applicable federal, state, provincial and local laws apply. By participating, you agree to be bound by these Official Rules (“Rules”). Void where prohibited.
2. Entry Period: October 1, 2019, at 9:00:01 a.m. Eastern Time (“ET”) through October 31, 2019, at 11:59:59 p.m. ET (the “Giveaway Period”).
3. How To Enter: There are two (2) ways to enter the Giveaway:
(a) IN-STORE: Complete an entry form available during regular business hours at participating locations and deposit it in the entry box or give it to a staff member collecting entries. Form must be completed in its entirety, with at least your complete name, postal zip in the U.S., and email address (if any). Incomplete or illegible forms are void.
(b) VIA WEBSITE: : During the Giveaway Period, visit www.margaritaville.com/entertowin, MargaritavilleStore.com and/or MargaritavilleFoods.com to complete the online entry form. All fields must be completed. Incomplete submissions are void.
Limit one (1) entry per person every 25 hours, regardless of method of entry. As part of the entry process you may be given the option to choose to receive promotional messages from the Sponsor; however, your election to do so is optional and will not affect your chances of winning. Any attempt to enter more than every 25 hours with multiple identities, email addresses, or by any other means, may result in disqualification. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries. Proof of transmission is not proof of receipt. Sponsor’s database computer is the official timekeeping device for the Giveaway. Use of any macro, bot, script or other automated means to submit entries is prohibited. Each website entry will be deemed submitted by the authorized account holder of the email account associated with the entry. An “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
4. Selection of Winner: One (1) winner will be selected in a random drawing on or about December 31, 2019. Potential winner will be notified using the contact information supplied at time of entry. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Failure to respond to any winner notification within two (2) business days may result in disqualification and selection of an alternate winner. Potential winner may be required to sign an affidavit of eligibility, liability/publicity release (where legal), and an IRS Form W-9. Failure to comply when requested may result in disqualification and selection of an alternate winner. If potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor reserves the right to require proof of identification, age, eligibility, and acceptance of these Official Rules from any potential winner prior to awarding a prize.
5. Prize/Odds: One (1) Grand Prize is available. Grand Prize consists of: a) One (1) $1000 Margaritaville gift card redeemable at Margaritaville.com, participating Margaritaville Restaurants and Margaritaville retail stores; b) a $1000 donation made in the winner’s name to Singing for Change in support of local breast cancer awareness programs; and c) Two (2) Margaritaville Pink Headphones ($224). The total Approximate Retail Value (“ARV”) of the Grand Prize is $1224.00. Winner is responsible for any and all federal, state and local taxes and relating to the prize. Prize is non-transferable and no substitution by winner is allowed. Sponsor reserves the right to substitute prize or any component thereof for something of equal or greater value in the event the advertised prize or any component thereof becomes unavailable. Any difference between advertised and actual value will not be awarded.
6. Prize Conditions: Sponsor may conduct a background check to confirm eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If a potential winner or potential guest has engaged in or does engage in any conduct that could damage the reputation or business of any sponsor, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner, time permitting. Each potential winner and potential guest must also comply with all requirements for proper and appropriate behavior during any prize-related activities or events. Any inappropriate behavior, as determined by Sponsor in its sole discretion, may result in removal from any activity or event.
7. Conditions Of Participation/Release of Liability: By entering you agree that: (a) Sponsor, Margaritaville Enterprises, LLC, Jimmy Buffett, and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective officers, directors, employees, shareholders, representatives, licensors, licensees, distributors, retailers and agents (collectively the "Released Parties") will have no liability whatsoever for, and you release and hold harmless the Released Parties for any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of or inability to use any prize or from participation or inability to participate in this Giveaway, including any Giveaway-related activity, and under no circumstances, including negligence, shall any of the Released Parties be liable for any direct, indirect, incidental, special or consequential damages resulting from participation in the Giveaway or acceptance, use or misuse of any prize, (b) Released Parties will have no liability whatsoever for failure to supply a prize or any part thereof, by reason of any acts of God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control, (c) except where legally prohibited, winners grant (and agrees to confirm in writing) permission for the Released Parties and those acting under their authority to use his/her name, photograph, voice, statements and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide, including, without limitation, on the Internet, without notice, review or approval, (d) if any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Rules, such prize will be forfeited and an alternate winner may be selected at Sponsor’s discretion, (e) noncompliance with any of the foregoing may result in disqualification and awarding of prize to an alternate winner as determined in the sole discretion of the Sponsor.
8. General: No responsibility is assumed for (a) any damage to an entrant’s computer system or mobile device which is occasioned by accessing the Website or otherwise participating in the Giveaway; (b) any computer system, mobile phone, hardware, software or program malfunctions, or other errors, failures or delays; (c) incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen, or entries or prize notifications; (d) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; (e) miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, mobile phone or cable transmissions; (f) any technical malfunctions, failures, difficulties or other errors of any kind or nature; or (g) the incorrect or inaccurate capture of information, or the failure to capture any information.
Persons who tamper with or abuse any aspect of the Giveaway or any website, as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility. Should any portion of the Giveaway be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway, and select winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use of any technology used in connection with this Giveaway. Any use of macro, automatic, programmed, robotic, or like entry methods will void all such entries by such methods, and entrants using such methods will be disqualified.
By participating, you agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney’s fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (d) these Rules and all disputes shall be governed by the internal laws of the state of Florida, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the state or federal courts in the state of Florida and you expressly consent to the jurisdiction of said courts and waive any objection thereto. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
10. Winner List: For name of winner, available after January 15, 2020, send a self-addressed stamped envelope to Margaritaville Pink October Giveaway, 5307 E. Mockingbird Lane, Suite 600, Dallas, Texas, 75206.
11. Sponsor: Margaritaville Enterprises, LLC, 6900 Turkey Lake Rd., Ste 200, Orlando, FL 32819.