Condo Giveaway Rules

LEGACY BUSINESS SOLUTIONS, LLC

a South Carolina Limited Liability Company (Vacation Myrtle Beach)

 

THE GREAT MYRTLE BEACH CONDO GIVEAWAY

RULES

 

VOID WHERE PROHIBITED

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN, AND A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

YOU MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND AT LEAST 21 YEARS OF AGE TO BE ELIGIBLE.  BY SUBMITTING OR ATTEMPTING TO SUBMIT AN ENTRY, YOU AGREE TO THESE RULES AS A BINDING CONTRACT.  READ THESE RULES CAREFULLY BEFORE ENTERING, AND CONTACT THE SPONSOR WITH ANY QUESTIONS.

 

These rules (the “Rules”) govern all aspects of the administration of the The Great Myrtle Beach Condo Giveaway (the “Contest”) sponsored and administered by Legacy Business Solutions, LLC, a South Carolina limited liability company, d/b/a Vacation Myrtle Beach (the “Sponsor”), and determine all rights and obligations of the Sponsor and any person attempting to or actually participating in the Contest (a “Contestant”).  By participating or attempting to participate in the Contest, you agree to be bound by and comply with these Rules, and to be bound by the decisions of the Sponsor, which are final and binding in all matters relating to the Contest.  Any violation of these Rules will result in such Contestant’s disqualification, and may be a violation of a criminal or civil law; and the Sponsor reserves the right to seek damages from any such Contestant to the full extent permitted by law. These Rules are available to the public on-line at https://www.vacationmyrtlebeach.com/landing/condo-giveaway-rules/.

 

The Contest is offered and valid in the fifty United States and the District of Columbia only.  Void where prohibited. 

 

The winner of any prize is required to pay all income taxes, deed transfer fees, use or property taxes levied on the prize, all other taxes, and any other expenditures not included in the prize package as described below.  Additional disclosure regarding the obligations of and restrictions on an owner of the Grand Prize Condominium will be made available to the Grand Prize Winner not less than three (3) business days after he/she submits the “Compliance Agreement, Publicity Release, Acceptance Of Obligations And Waiver Of Liability.”  Those obligations include, but are not limited to, ad valorem property taxes that are set and collected annually and are based on the value of the condominium and the nature of its use and monthly property owner dues and assessments that are levied and collected by the unit property owners’ association and determined on an annual basis. Restrictions include, but are not limited to, (a) a requirement that the Grand Prize Condominium may be rented by the winner/owner only through the Caravelle Resort Rental Management Program through Caravelle Properties, a South Carolina limited partnership, (b) no portion of such Condominium unit may be used for commercial purposes, and (c) all terms, conditions, easements and restrictions encumbering said unit and contained with the Master Deed creating the horizontal property regime, of which said unit is a part. It is hereby disclosed that the Grand Prize Condominium is not new and is located within a condominium building constructed on or about 1996.

 

Contestants do not have to submit to any promotional sales effort. A contestant’s chance of winning is not increased by any purchase of goods or services or by a payment of any kind. The chance of an entry being the winning entry for any prize is dependent on the number of entries received. There will be only one (1) Grand Prize Winner, one (1) Second Prize Winner, and one (1) Third Prize Winner.

 

 

Eligibility: Only natural persons who are residents of one of the fifty United States or the District of Columbia and are at least 21 years of age, who have submitted an Eligible Entry (as defined below), and who are not Ineligible Contestants (as defined below) are eligible to win the Contest (each an “Eligible Contestant”). Each person may enter the Contest only one (1) time at each of the eight (8) entry portals identified under “Entries” below, for a total of eight (8) direct entries. In addition, for each Contestant who submits his/her entry through a portal accessed via a link shared by an Eligible Contestant, that Eligible Contestant will automatically receive five (5) additional entries. There is no limit on the number of automatic additional entries that an Eligible Contestant may receive.

 

The following persons are not eligible to win the Contest (each an “Ineligible Contestant”): (i) any person who is not an Eligible Contestant (a) at the time they submitted an Eligible Entry, AND (b) at the time their Eligible Entry is drawn in a Drawing; (ii) any person who the Sponsor determines, in the Sponsor’s sole discretion, has not strictly complied or does not strictly comply with these Rules; (iii) any employee of the Sponsor or any entity that controls, is controlled by, or is under common control with the Sponsor (collectively, “Affiliates”); and (iv) anyone living in the same household as an employee of the Sponsor or its Affiliates.  If you win, you will be required to show a valid government issued identification card and such other evidence as the Sponsor may require, in the Sponsor’s sole discretion, as proof that you are an Eligible Contestant.

 

Entries:  Eligible Contestants will be entered into the Contest by registering for the Contest during the Contest Period on-line at the websites for the Sponsor and for each of seven (7) resort properties, for a total of eight (8) website entry portals as shown below:

 

Beach Cove Resort

  • Homepage: https://www.beachcove.com/
  • Privacy Page: https://www.beachcove.com/privacy-policy
  • Contest Entry Page: https://www.beachcove.com/great-myrtle-beach-condo-giveaway/

 

Captain’s Quarters Resort

  • Homepage: https://www.captainsquarters.com/
  • Privacy Page: https://www.captainsquarters.com/privacy-policy
  • Contest Entry Page: https://www.captainsquarters.com/great-myrtle-beach-condo-giveaway/

 

The Caravelle Resort

  • Homepage: https://www.thecaravelle.com/
  • Privacy Page: https://www.thecaravelle.com/privacy-policy
  • Contest Entry Page: https://www.thecaravelle.com/great-myrtle-beach-condo-giveaway/

 

Crown Reef Beach Resort and Waterpark

  • Homepage: https://www.crownreef.com/
  • Privacy Page: https://www.crownreef.com/privacy-policy
  • Contest Entry Page: https://www.crownreef.com/great-myrtle-beach-condo-giveaway/

 

hotel BLUE

  • Homepage: https://www.hotelbluemb.com/
  • Privacy Page: https://www.hotelbluemb.com/privacy-policy
  • Contest Entry Page: https://www.hotelbluemb.com/great-myrtle-beach-condo-giveaway/

 

Landmark Resort

  • Homepage: https://www.landmarkresort.com/
  • Privacy Page: https://www.landmarkresort.com/privacy-policy
  • Contest Entry Page: https://www.landmarkresort.com/great-myrtle-beach-condo-giveaway/

 

Sea Watch Resort

  • Homepage: https://www.seawatchresort.com/
  • Privacy Page: https://www.seawatchresort.com/privacy-policy
  • Contest Entry Page: https://www.seawatchresort.com/great-myrtle-beach-condo-giveaway/

 

Vacation Myrtle Beach

  • Homepage: https://www.vacationmyrtlebeach.com/
  • Privacy Page: https://www.vacationmyrtlebeach.com/privacy/
  • Contest Entry Page: https://www.vacationmyrtlebeach.com/landing/great-myrtle-beach-condo-giveaway/

 

Upon completion of an entry, a Contestant will be presented options for sharing links to the Contest through various social media or through various electronic messaging systems such as email and SMS texts. For each person who comes to the Contest through that Contestant’s shared link and submits an entry himself/herself, the Contestant who shared that link will automatically receive five (5) additional entries.

 

To be an Eligible Entry, an entry shall be properly, truthfully, and fully completed and submitted, as determined in the Sponsor’s sole discretion. 

 

Use of Your Information:  If you consent (by not removing the checkmark from the box on the entry form), the information that you provide may be used by us or by our affiliates to provide to you by email or telephone information that may be of interest to you regarding offers by us or by our affiliates. Each such notice will include an option to unsubscribe from future notices. Your information will not be transferred to any third party except as may be required for legal reporting requirements as to the identity of winners and their collected prizes. Information regarding non-winners who do not consent to receiving information about other offers will be discarded after final winners of all prizes are determined. See also “Right to Use Winner’s Likeness and Information” below, and “Compliance Agreement, Publicity Release, Acceptance Of Obligations And Waiver Of Liability” attached. The privacy policy applicable to a Contestant’s information is available at the privacy pages set forth above for each property through whose website an entry may be submitted.

 

Contest Period:  The Contest Period is between May 26,  2019, at 12:00:01 a.m. Eastern Time (“ET”) and March 31, 2020, at 11:59:59 p.m. ET; provided, however, that a resident of any State or States in which registration of the Contest is not required may submit his/her entry beginning on April 11, 2019. Any such early entry will not enhance or diminish the chances to win of that Contestant or of any other Contestant from that or any other State. All timing for this Contest will be based on Eastern Time, and the Sponsor is the official time keeper.  The Sponsor will not be responsible for lost, damaged, late, or misdirected entries, or for any events beyond its control, including without limitation website downtime, internet outages, or computer or software malfunctions. 

 

Drawing: Winners will be chosen by random electronic selection (the “Drawing”) held on or about April 2, 2020, at 9:00:01 a.m. ET from among all properly submitted Eligible Entries received. There will be a total of three (3) winners (“Prize Winners”), consisting of one (1) Grand Prize Winner, one (1) Second Prize Winner, and one (1) Third Prize Winner.  Seven (7) Entries will be drawn. The first Entry drawn will be the Potential Grand Prize Winner. If he/she is determined to be ineligible or cannot be verified, then the second Entry drawn will become the Potential Grand Prize Winner; otherwise, the second through fifth Entries drawn will become Potential Second Prize Winners; and so forth.  If the three Prizes cannot all be awarded among the seven (7) Entries initially drawn, due to ineligibility, inability to verify, Contestant refusing, or for any other reason, additional Drawings may be made within three (3) business days after determination that such additional drawing will be necessary due to ineligibility, inability to verify, or Contestant refusal. In the event any Prize is still unawardable after three drawings, the Sponsor may declare the Contest at an end and withdraw the unawarded Prize(s).

 

If the Sponsor, in the Sponsor’s sole discretion, makes a determination that a Potential Prize Winner was an Eligible Contestant, that person becomes a “Winner.” If the Sponsor, in the Sponsor’s sole discretion, makes a determination that a Potential Prize Winner was not an Eligible Contestant, the Contestant who was drawn next in order succeeds to that ineligible Contestant’s place as a Potential Prize Winner. All Potential Prize Winners are subject to verification by the Sponsor, whose determination is final and binding.  Potential Prize Winners will be notified by email sent to the email address provided in such Contestant’s Eligible Entry (each a “Winner Notice”), and by telephone call to the telephone number provided in such Contestant’s Eligible Entry (each a “Winner Call”).  Only one (1) Winner Notice will be sent and one Winner Call will be made to each Potential Prize Winner.  If at any time the Potential Prize Winner is determined by the Sponsor, in the Sponsor’s sole discretion, to be an Ineligible Contestant (and regardless of whether such determination is made immediately after conducting the Drawing, only after conducting subsequent investigations, or at any other time), the Sponsor will, without providing notice or a right to cure to such Ineligible Contestant, proceed to the Contestant whose Entry was drawn next in order and thereafter follow the procedures described herein for verifying and notifying a Potential Prize Winner, and will continue to repeat such process until all Winners are chosen or until Sponsor determines, in its sole discretion, to cancel the Contest.  If any Potential Prize Winner fails to accept the Prize as described below within forty-eight (48) hours after sending of a Winner Notice and placing of a Winner Call, such Potential Prize Winner shall then become an Ineligible Contestant for this Contest.  To accept his/her Prize, a Potential Prize Winner must sign and return to the Sponsor by e-mail the Release of Publicity, Compliance Agreement, Acceptance of Obligations, and Waiver of Liability in the form attached hereto. Failure to execute and deliver that form to Sponsor as stated will result in the forfeiture of the Potential Prize Winner’s eligibility.

 

Prizes: There will be one (1) Grand Prize, one (1) Second Prize, and one (1) Third Prize.

  1. The Grand Prize is Unit 612, located on the sixth floor in The Caravelle Resort, in as-is condition. EXCEPT FOR A WARRANTY OF MARKETABLE TITLE, THE GRAND PRIZE CONDOMINIUM SHALL BE CONVEYED IN “AS IS, WHERE IS” CONDITION, WITH ALL FAULTS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THE SPONSOR SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED PURPOSE. Unit 612 is an Oceanfront Efficiency condominium, containing approximately 448 square feet and shall be transferred to the Grand Prize Winner subject to the current year’s ad valorem taxes, a lien but not yet due and payable, and to all covenants, conditions, easements, rights-of-way and other matters of record in the land records of Horry County, South Carolina, provided that such matters do not render the title unmarketable. Any Contestant accepting the Grand Prize will be subject to all income taxes in relation to the receipt of the prize, to all annual property taxes and assessments imposed by local governments on real estate of this type and value and in this location, and to all regime and owner-association fees imposed in connection with the condominium. Further disclosure of obligations and use restrictions will be made available to the Grand Prize Winner not less than three (3) business days after he/she submits the “Compliance Agreement, Publicity Release, Acceptance Of Obligations And Waiver Of Liability.” The total approximate retail value of the Grand Prize, based on the offering price at which such condominiums are currently listed, is USD $79,999; however, there is no guarantee that the unit that would be conveyed as the Grand Prize could be sold for that amount. A Winner who becomes entitled to receive the Grand Prize may elect, by notice to the Sponsor prior to acceptance of the condominium, to receive an alternative cash prize of $50,000. A Winner making such election will still owe all taxes that may be due and payable on the alternative cash prize. If a Winner entitled to receive the Grand Prize makes the election for an alternative cash prize, then that will exhaust the Grand Prize and no condominium will be awarded.
  2. The Second Prize will consist of a seven (7) night stay in an ocean-front, one-bedroom suite, at the Prize Winner’s choice of one of the following resort properties: Beach Cove Resort, Captain’s Quarters Resort, Crown Reef Beach Resort and Waterpark, hotel BLUE, Landmark Resort, Caravelle Resort, or Sea Watch Resort. Sea Watch Resort is available only if the Prize Winner is at least 25 years old. The Prize Winner must be one of the guests in the exercise of the Second Prize. The stay must occur during the period of April 16, 2020 through June 7, 2020, or the period of August 19, 2020 through March 15, 2021 (excluding holidays and special events scheduled for each property, information regarding which will be available through each property). If an ocean-front one-bedroom suite is not available on the dates selected by the Prize Winner, an alternate comparable room type may be substituted at the property’s discretion. This Prize is for accommodations only, and does not include: transportation to and from the resort, food and beverage, room-service, or any other additional fees. The Prize is non-transferable, is not exchangeable for cash or any other goods or services, and cannot be combined with any other certificates or vouchers at the property. This Prize must be scheduled not less than two weeks in advance of the intended stay, and is subject to availability at the time reservations are made. The Second Prize will have an approximate retail value of USD $2,072. The actual retail value will depend on which unit the Prize Winner selects for his/her stay and on the dates of the stay. Out-of-pocket cost to the Sponsor will not equal the approximate retail value.
  3. The Third Prize will consist of a three (3) night stay in an ocean-front, one-bedroom suite, at the Prize Winner’s choice of one of the following resort properties: Beach Cove Resort, Captain’s Quarters Resort, Crown Reef Beach Resort and Waterpark, hotel BLUE, Landmark Resort, Caravelle Resort, or Sea Watch Resort. Sea Watch Resort is available only if the Prize Winner is at least 25 years old. The Prize Winner must be one of the guests in the exercise of the Second Prize. The stay must occur during the period of April 16, 2020 through June 7, 2020, or the period of August 19, 2020 through March 15, 2021 (excluding holidays and special events scheduled for each property, information regarding which will be available through each property). If an ocean-front one-bedroom suite is not available on the dates selected by the Prize Winner, an alternate comparable room type may be substituted at the property’s discretion. This Prize is for accommodations only, and does not include: transportation to and from the resort, food and beverage, room-service, or any other additional fees. The Prize is non-transferable, is not exchangeable for cash or any other goods or services, and cannot be combined with any other certificates or vouchers at the property. This Prize must be scheduled not less than two weeks in advance of the intended stay, and is subject to availability at the time reservations are made.  The Third Prize will have an approximate retail value of USD $1,082. The actual retail value will depend on which unit the Prize Winner selects for his/her stay and on the dates of the stay. Out-of-pocket cost to the Sponsor will not equal the approximate retail value.

The total approximate retail value of all Prizes offered in this Contest, is USD $53,154 or $83,153 (depending on the Grand Prize Winner’s prize selection), distributed among three (3) winning entries in accordance with the prizes that they have won.

Each Winner is solely responsible for all taxes on a Prize and any other expenses not specifically set forth herein. Each Winner will be required to furnish his/her Social Security Number to the Sponsor for tax reporting purpose. The Sponsor will provide to each Prize Winner and to the Internal Revenue Service a Form 1099 showing the value of the Prize that Winner received at the date of award. A Prize cannot be transferred, substituted, or redeemed for cash (other than the Grand Prize cash option described above) except at Sponsor’s sole discretion.

Right to Use Winner’s Likeness and Information: As a condition of accepting a Prize, the Winner will be required to grant the Sponsor and its Affiliates an irrevocable, perpetual, fully paid-up license to use, for any purpose whatsoever and in any media whatsoever, including without limitation, advertising and promoting the Sponsor’s or its Affiliate’s products, services, companies, or employees, such Winner’s name, likeness, photograph, any information such Winner provides, anything that such Winner says or writes, and the fact that such Winner entered the Contest and/or won a Prize, all as more particularly described in the “Compliance Agreement, Publicity Release, Acceptance Of Obligations And Waiver Of Liability” attached hereto.

 

Release, Waiver and Indemnity: The Sponsor does not guarantee the safety of any Prize or the use thereof. CONTESTANTS ASSUME ALL RISK OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE.  Contestants, as a condition of submitting an entry, and on behalf of their heirs, executors and administrators and anyone who may take by or through such Contestants, hereby release and agree to defend, indemnify, and hold harmless the Sponsor along with its Affiliates, subsidiaries, suppliers, distributors, advertising/promotion agencies, and each of their respective Affiliates, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of Contestant’s participation in the Contest or receipt or use or misuse of the Prize.  Contestants agree that the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, by printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to, inability to access the website, malfunctions, interruptions, or disconnections in phone or other communication lines or wireless transmissions, or network hardware or software, or failed/incomplete, garbled or delayed computer transmission, that may limit a user’s ability to participate; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) theft, tampering, destruction, or alteration of the entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of the Prize.

 

Governing Law and Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of Contestants, the Sponsor, or the Sponsor’s Affiliates in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of South Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of South Carolina.  Any and all disputes, claims and causes of action arising out of or connected with this Contest, or the awarding of the Prize, shall be resolved exclusively by the United States District Court or the appropriate South Carolina State Court located in Columbia, South Carolina.  By participating in the Contest in any manner whatsoever, Contestants agree to be subject to the personal jurisdiction of such courts and waive any right of change of venue, forum non conveniens or like right.   By participating in the Contest in any manner whatsoever, Contestants agree to bring any action regarding the Contest individually (not as part of a class action). 

 

Liability of the Sponsor and its Affiliates: By participating in the Contest in any manner whatsoever, Contestants agree that their recovery in any action shall be limited to actual out-of-pocket costs incurred in participating in the Contest (if any) and hereby waive any and all other damages (including but not limited to compensatory, punitive, consequential or incidental damages and any and all rights to have damages multiplied or otherwise increased) as well as any right to attorneys’ fees. 

 

Unforeseen Circumstances: The Sponsor shall not be liable or responsible for any inability to complete, or delay in completing, the Contest, or for a Contestant’s inability to use the Prize, to the extent caused by events beyond the Sponsor’s reasonable control, including without limitation, delays or interruptions caused by acts of God, acts of war, natural disasters, telecommunications outages, utility outages, flight blackouts, federal, state or local laws, regulations or orders, or the acts or omissions of those providing goods or services as part of the Prize.  Sponsor reserves the right to void the Contest and Prize as it pertains to any Winner believed, in Sponsor’s sole discretion, to have cheated or gained an unfair advantage.

 

Miscellaneous:  The Sponsor shall have the sole and unilateral right to interpret and enforce these Rules in any manner it determines in its sole discretion.  Any provision of these Rules that expressly or implicitly allows or requires the Sponsor to make a determination, ruling, decision, or judgment shall be interpreted as allowing the Sponsor to make such determination, ruling, decision, or judgment in the Sponsor’s sole and exclusive discretion, regardless of whether the provision so states.  The waiver by the Sponsor of any breach of any term, condition or provision of these Rules shall not be construed as a waiver of any other term, condition or provision of these Rules, nor shall such waiver be deemed grounds for overruling a determination, ruling, decision or judgment made by the Sponsor, or the results of a selection. In the event that any provision of these Rules shall become or be deemed by a court of competent jurisdiction to be invalid or illegal, this shall not render these Rules void or invalid as a whole and, in such event, such provision shall then be changed and interpreted so as best to accomplish the objective of such questionable provision.  These Rules and the attachments hereto shall be construed without the aid of any rule of law requiring interpretation against the drafting party.  Section headings are for convenience only and shall not be used in interpreting the text of such section.

 

Notice:  The Sponsor maintains its principal place of business at 1144 Shine Avenue, Myrtle Beach, South Carolina 29577.  Any questions or comments about the Contest may be made by certified mail to the Sponsor at that address.

 

Contest Results: For Contest results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Legacy Business Solutions The Great Myrtle Beach Condo Giveaway, 1144 Shine Avenue, Myrtle Beach, South Carolina 29577. Requests for the winners list must be received by July 31 , 2020. VT residents may exclude return postage.


 

COMPLIANCE AGREEMENT, PUBLICITY RELEASE, ACCEPTANCE OF OBLIGATIONS AND WAIVER OF LIABILITY

 

YOU MUST SIGN AND RETURN THIS FORM VIA EMAIL to [email protected]

within 48 hours of your selection

to avoid forfeiture of your prize.

 

Any capitalized terms used herein but not defined herein have the meaning given to such terms in the Rules for the Contest (of which this Agreement is a part).

 

I acknowledge and agree as follows:

 

  1. I am a resident of ________________ [State or District of Columbia], and I am at least twenty-one (21) years old.
  2. I have read and I understand the Rules for the Contest (a copy of which is attached to this Agreement) and I certify that I meet (and met at the time of my entry into the Contest) all of the eligibility requirements for entry into the Contest and for winning the Prize. I am not subject to any of the disqualifying factors identified in the Rules, have fully complied with the Rules, and have not perpetrated any act of fraud in conjunction with my participation in the Contest.
  3. I have been advised by the Sponsor that my entry is a Potential Prize Winner and I certify that the entry so identified to me was my entry submitted in full compliance with the Rules.
  4. I understand and agree that the Prize includes only those items described by the Rules and all other costs are my sole responsibility. I understand and agree that I will be solely responsible for all applicable taxes on the value and ownership of the Prize and that all appropriate governmental authorities will be notified by the Sponsor of the award of the Prize to me (including notification to the IRS via 1099 Tax Form and registration of the deed of title with the Horry County, South Carolina Register of Deeds). I also agree to provide to the Sponsor, upon request, my Social Security Number, for tax reporting purposes.
  5. Except where prohibited by law, I understand and agree that I have granted to the Sponsor certain rights and have released certain claims and rights identified below, and I hereby approve and confirm such grant of rights.
  6. I hereby grant and assign a non-exclusive, fully-paid license to any and all worldwide rights of publicity, copyright rights, moral rights, and other similar rights with respect to my entry in and my winning of the Prize in the Contest, including but not limited to the following:
    1. My name, and the publication and use thereof;
    2. My hometown, and the publication and use thereof;
    3. My photographic images in the possession of the Sponsor, and the publication and use thereof;
    4. The fact of my entry into the Contest, and the publication and use thereof;
    5. My entry into the Contest and the contents of that entry, and the publication and use thereof;
    6. The fact of my winning the Contest and identification of the prize that I won, and the publication and use thereof; and
    7. Any and all statements that I make or made, interviews that I give or have given, and material (whether written, audio, video or otherwise) that I produce or have produced or that the Sponsor produces or has produced related to my entry in or winning of the Contest or my acceptance and use of, and participation in, the Prize, and the publication and use thereof.
  7. I understand that the Sponsor may publish and use in any and all media the information, materials and rights referred to above to advertise, market and promote the goods and services of the Sponsor.
  8. Publication and use by the Sponsor, for the purposes identified above, of any of the materials and rights identified above will not infringe any right (including but not limited to any copyright or publicity right) of any other person.
  9. I will allow the Sponsor, if they wish, to have additional photographs made of me, as well as videography of me at or with the Prize.
  10. I acknowledge and agree that the Sponsor does not guarantee (i) the safety of the Prize or the use thereof; (ii) the value or re-marketability of the Prize; or (iii) the condition or habitability of the Prize.
  11. I acknowledge that use of the Prize and activities associated therewith (including vacationing and attending hotels, resorts, airports and airlines, railways and rail stations, motorways, restaurants, and entertainment venues and participating in the various activities contemplated during vacationing,) may have various inherent risks involving the potential for serious bodily injury, death or property damage.  The Sponsor does not guarantee the safety of the Prize, any venues visited in receiving or using the Prize, or any goods or services offered by any third party in connection with the Prize.  I HEREBY ASSUME ALL RISK OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE.  I, on behalf of myself, my heirs, executors and administrators and anyone who may take by or through me, hereby release and agree to defend, indemnify and hold harmless the Sponsor along with its Affiliates, subsidiaries, suppliers, distributors, advertising/promotion agencies, internet serves and access providers, and each of their respective Affiliates, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of my participation in the Contest or receipt or use or misuse of the Prize.
  12. I also acknowledge that neither the Sponsor nor its agencies have arranged for or carry any insurance of any kind for the benefit of me or my heirs, executors and administrators or anyone who may take by or through me relative to my use of the Prize; and that I will be solely responsible for obtaining and paying for any life, travel, accident, medical, property or other insurance relative to my ownership and use of the Prize.
  13. I agree that the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by myself or any other Contestant, by printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to, inability to access the website, malfunctions, interruptions, or disconnections in phone or other communication lines or wireless transmissions, or network hardware or software, or failed/incomplete, garbled or delayed computer transmission, that may limit a user’s ability to participate; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) theft, tampering, destruction, or alteration of the entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from my participation in the Contest or receipt or use or misuse of the Prize.
  14. I agree that: (i) I will be bound by the Rules and by the decisions of the Sponsor thereunder; (ii) the Contest is conducted in English (which will be given its everyday ordinary meaning, as determined by the Sponsor); (iii) all issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of the Sponsor and me in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of South Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of South Carolina; (iv) any and all disputes, claims and causes of action arising out of or connected with this Contest, or the awarding of the Prize, shall be resolved exclusively by the United States District Court or the appropriate South Carolina State Court located in Columbia, South Carolina; (v) to the fullest extent permitted by law, I will be subject to the personal jurisdiction of such courts and waive any right of change of venue, forum non conveniens or like right; (vi) I will bring any action regarding the Contest individually (not as part of a class action); (vii) my recovery in any such action shall be limited to actual out-of-pocket costs incurred in participating in the Contest (if any) and I waive any and all other damages (including but not limited to compensatory, punitive, consequential and incidental damages and any and all rights to have damages multiplied or otherwise increased) as well as any right to attorneys’ fees.
  15. In the event that there is any discrepancy between the undertakings, assignments and releases set forth in the Rules and those set forth in this Agreement, I understand and agree that whichever is the more comprehensive statement of undertakings, and releases will apply in any particular instance.
  16. I agree to return immediately upon demand to the Sponsor (or its designated agency) the Prize or the value of the Prize which has been or may be awarded to me if any statement made by me in this Agreement is false.
  17.  [For Grand Prize Winner] I acknowledge that the Grand Prize Condominium may be rented by the winner/owner only through the Caravelle Resort Rental Management Program through Caravelle Properties, a South Carolina limited partnership.
  18. [For Grand Prize Winner] I understand and agree that within twenty-one (21) days of signing this form I must elect between receiving the Grand Prize Condominium and the alternative cash prize of $50,000. I further understand and agree that, at the time of making such election, (i) if I elect the Grand Prize Condominium, I will be required to sign an acknowledgement that I have received and read and understood the disclosures for prospective purchasers of condominium units in The Caravelle Resort, and (ii) if I elect the alternative cash prize, I will still owe all taxes that may be due and payable on the alternative cash prize.

 ________________________________(sign here)

Print Legal Name:

 

YOU MUST SIGN AND RETURN THIS FORM VIA EMAIL to [email protected]

within 48 hours of your selection

to avoid forfeiture of your prize.