TERM & CONDITIONS
No purchase necessary. Void where prohibited. Open to legal residents of the 50 United States only & to SWAT Rosarito Reps & SWAT Cabo Reps. Winner must be age 18+ before trip departure date AND currently enrolled in college. Entry begins 12:00 AM PDT on 11/09/17; closes 11:59 PM PDT on 11/15/17.
1. Eligibility: Contests open to all legal residents of the fifty (50) United States and the District of Columbia who have a valid e-mail address at the time of entry and are eighteen (18) years of age or older before trip departure date. You must be a SWAT Rosarito Rep or a SWAT Cabo Rep to enter the Contest. Contests offered in the United States only and shall only be construed and evaluated according to United States law. Employees of SWAT, their collective subsidiaries and affiliates, and advertising agencies, and their immediate families (spouse and parents, children and siblings, and their respective spouses) and individuals living in the same households of such employees are ineligible. Eligibility is contingent on agreement to, and compliance with, these Official Rules. The Contests is subject to all applicable federal, state, and local laws and regulations. Do not enter this Contests if you are not located in the United States. Winner must be legally documented in the United States, hold a valid US passport, and be permitted to enter Mexico prior to trip departure date.
2. To Enter: Contests entry begins 12:00 AM PDT on 11/09/17 and closes 11:59 PM PDT on 11/17/17 (the “Contests Period”). Entries outside of this period are considered void. To enter, sell Spring Break Rosarito or Spring Break Cabo trips using your Rep Link. Your sales will be tracked & the Top 3 Reps with the most sales during the “Contest Period” for Rosarito & for Cabo will win a Rockstar Luggage Bag & Rockstar Backpack. A total of 6 winners will be chosen. All entries (the “Rep Sales”) become property of the Sponsor (Summer Winter Action Tours, LLC) and will not be acknowledged or returned. Incomplete entries are not eligible. Entries (the “Rep Sales”) must be received by 11:59 PM PDT on 11/17/17. Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements, and may also delete any entry received from persons under the age of thirteen (13) in compliance with the Children’s Online Privacy Protection Act. Sponsor’s computer is the official time keeping device for the Contests.
3. Drawing: On or about 05:00PM on November 18,2017, a random drawing from all eligible entries received will be conducted by Sponsor. There will be one (6) potential winners who will be notified via Instagram, e-mail and/or phone within twenty-four (24) hours after the random drawing takes place. Odds of winning depend on the total number of eligible SWAT Reps. Participants need not be present to win. All potential winners are subject to eligibility verification by Sponsor, whose decisions are final and binding. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.
4. Prize: Six (6) Prize consisting of: (1) Rockstar Luggage Bag & (1) Rockstar Backpack. No substitutions, cash equivalents, or transfers of prize permitted by winner. Sponsor and Prize Provider reserve the right to substitute prize or portion of the prize with similar prize of equal or greater value due to prize unavailability. Prize must be accepted as awarded or prize will be forfeited and awarded to an alternate winner. No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor. Sponsor reserves the right, at its sole discretion, to award a prize of greater or equal value if the advertised prize is unavailable.
5. To Claim Prize: Winner will be notified via social media, e-mail and/or phone. Winners will be required to complete and sign an Affidavit of Eligibility and Liability Release, and where legal, a Publicity Release (collectively, the “Required Documentation”). If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within fourteen (14) days; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” e-mail (regardless if the message is ultimately delivered to the recipient); if Sponsor is unable to verify potential winner’s eligibility; if potential winner fails to sign and return the Required Documentation within the required time period or fails to comply with these Official Rules; if any prize is returned undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner is selected. In the event that a potential winner is disqualified for any reason, the next received and eligible entry received by Sponsor that is fully compliant with these Official Rules shall be deemed the winner, until the prize is awarded or until two (2) attempts have been made to award the prize and each attempt has failed. Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Contests Period.
6. Conditions: Payments of all federal, state, and local taxes are solely the responsibility of the winner. By participating in the Contests, winner and guest agree to have their names, voice, likeness, Instagram handles, photographs, statements, opinions, biographical information and/or Contests entry used in any advertising or broadcasting material, whether relating to this Contests or otherwise, in any media, worldwide, now known or hereinafter developed, in perpetuity, without additional notice, payment, or other compensation unless prohibited by law, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.
Sponsor is not responsible for lost, stolen, mangled, misdelivered, postage due, illegible, incomplete or late entries, telephone service outages, delays, busy signals, equipment malfunctions and any other technological difficulties that may prevent an individual from entering or claiming a prize. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of Sponsor’s website, or otherwise in violation of the Official Rules. Sponsor further reserves the right to cancel, terminate or modify the Contests if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. In such event, Sponsor reserves the right, but not the obligation, to award any applicable prize(s) from the entries submitted before the cancellation, suspension, or modification of the Contests. Any attempt to undermine the operation of the Contests may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right to make changes in the Official Rules, including the substitution of a prize of greater or equivalent value, which will become effective upon announcement. Failure to comply with the Official Rules may result in Participant’s disqualification solely at the discretion of the Sponsor. The Sponsor is not responsible for typographical or other errors in the printing, the offering or the administration of the Contests, or in the announcement of a prize. In any case, the final winner of all prizes will be determined, and prizes will be awarded, within a reasonable time after the end of the Contests Period, except as agreed between Sponsor and winner. In the event a prize is mailed to a winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. Sponsor is not responsible for the safe arrival of a prize. Sponsor is not responsible if potential winner does not receive his/her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Contests. Only the prize(s) set forth in these Official Rules will be awarded. If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, unawarded, eligible prize claims.
7. Indemnification; Limitation of Liability: NEITHER SPONSOR, PRIZE PROVIDER, SWAT, NOR THEIR AFFILIATED ENTITIES IS RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY ContestS-RELATED MATERIALS OR TRANSACTIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION. THIS ContestS IS BEING MADE EXCLUSIVELY BY THE SPONSOR. SPONSOR AND PRIZE PROVIDER ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURE OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FRAUD, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSION WHETHER CAUSED BY SPONSOR, USER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE ContestS, OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESS OF SUBMISSIONS WHICH MAY LIMIT A PARTICIPANT’S ABILITY TO PARTICIPATE IN THIS ContestS. NEITHER SPONSOR, PRIZE PROVIDER, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR ANY DAMAGES OR INJURY INCURRED BY WINNER AND GUESTS AS A RESULT OF WINNING. BY ENTERING, PARTICIPANTS AGREE TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY EACH OF SPONSOR, PRIZE PROVIDER, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY AND ALL OTHER COMPANIES ASSOCIATED WITH THIS ContestS (COLLECTIVELY, THE “RELEASED PARTIES”) AGAINST ANY AND ALL LIABILITY, DAMAGES, OR CAUSES OR ACTION (HOWEVER NAMED OR DESCRIBED), RELATED TO OR ARISING OUT OF (I) THE ContestS, (II) PARTICIPANT’S PARTICIPATION IN THE ContestS, AND (III) THE RECEIPT OR USE OR MISUSE OF THE PRIZE(S) AWARDED HEREIN. POSSIBLE CLAIMS OR CAUSES OF ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF SUCH PARTICIPANT’S PARTICIPATION IN THE ContestS OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS ContestS. If for any reason an Participant’s entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Participant’s sole remedy is another entry in the Contests, subject to availability and provided that the Contests has not then expired.
8. Construction and Disputes: Participants waive any right to claim ambiguity in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsor in connection with the Contests, shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Contests, but in no event attorneys’ fees. Sponsor reserves the right to correct clerical or typographical errors in Contests materials or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA.
10. Official Rules and Winners’ List: Copies of the Official Rules and Winners’ List (available on or about November 09, 2017) are available at www.swatup.com. Limit one (1) request per household.
11. Sponsor: Summer Winter Action Tours, LLC, 629 Camino De Los Mares, San Clemente, CA 92673.
Administrator: Summer Winter Action Tours (SWAT), 629 Camino De Los Mares, San Clemente, CA 92673.