Margaritaville Fins Up 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: "Margaritaville Fins Up Sweepstakes" ("Giveaway") is open only to legal residents of the 48 contiguous United States and the District of Columbia, 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 and local laws apply. By participating, you agree to be bound by these Official Rules ("Rules").
2. Entry Period: May 1, 2018, at 12:00:01 a.m. ET through September 30, 2018 at 11:59:59 p.m. ET (the "Giveaway Period").
3. How To Enter: There are two (2) ways to enter the Giveaway:
- VIA TEXT MESSAGE: Send a text message from your mobile phone with the keyword FINSUP (the "Keyword") to 47464 (the "Shortcode"). After you receive a confirmation text message, reply to that message with the requested information to complete your entry.
- AT THE BOOTH: Complete an official entry form at one of the 2018 Margaritaville Night at the Park events. Form must be completed in its entirety, with at least your complete name, postal zip in the U.S., and email address (if any).
Limit one (1) entry per person and per phone number, regardless of method of entry. Any attempt to enter more than one (1) time with multiple phone numbers or any other means, may result in disqualification. Proof of transmission is not proof of receipt. Sponsor's database computer is the official timekeeping device for the Giveaway. 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. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the authorized account holder of the phone number associated with the entry. An "authorized account holder" is defined as the natural person to whom the phone number is assigned by the carrier associated with the submitted phone number. It is your sole responsibility to notify Sponsor in writing if you change your phone number before a winner is selected.
Important Notice for Text Messaging Method: Important Notice for Text Messaging Method: Your wireless service provider may charge you for each text message you send and receive per your rate plan. Please consult your wireless service provider regarding your plan. You must be a wireless service subscriber with text messaging service to enter via this method. Reply STOP to opt out or HELP for help. Message & Data Rates may apply. By texting you agree to receive text messages, which may be sent through an automatic telephone dialing system to the mobile number provided. Consent is not required to purchase goods or services.
4. Selection of Winner: One (1) winner will be selected in a random drawing on or about November 15, 2018. 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) Margaritaville Key West Frozen Concoction Maker (ARV $300.00), (b) One (1) Margaritaville corn hole game (ARV $200.00 and (c) one (1) Margaritaville Tumble Tower game (ARV - $120.00). There is no substitution for any prize or any portion thereof. The prizes are not transferable, assignable or redeemable for cash. Any difference between advertised and actual values will not be awarded. Winner is responsible for any and all federal, state and local taxes related to any prize. Odds of winning a prize depend on the number of eligible entries. The total Approximate Retail Value (“ARV") of the Grand Prize is $620.00.
6. 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.
7. 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.
9. Winner List: For name of winner, available approximately two weeks after the Giveaway Period, send a self-addressed stamped envelope to Margaritaville Fins Up Giveaway, 5307 E. Mockingbird Lane, Suite 600, Dallas, Texas, 75206.
10. Sponsor: Margaritaville Enterprises, LLC, 6900 Turkey Lake Rd., Ste 200, Orlando, FL 32819.