Stay a Spell Broom & Breakfast: Halloween Experience Sweepstakes Stay a Spell at Encore Resort at Reunion
Entry Period is Closed.
By entering into this Sweepstakes, you are agreeing to the terms and conditions of the Privacy Policies of both Luxury Rental Resorts LLC and Oriental Trading Company, Inc. (Opens a new window). You should carefully review the terms and conditions of the respective Privacy Policies as they contain important information on how each party shares your information.
“Stay a Spell: Broom & Breakfast Experience” Sweepstakes Official Rules (“Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
THE FOLLOWING RULES ARE VOID WHERE PROHIBITED.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR AFFILIATED WITH INSTAGRAM OR FACEBOOK.
The “Stay a Spell: Broom & Breakfast Experience” Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States, not including Arizona and Rhode Island who are age 25 or older (“Participants”). The sponsors of the Sweepstakes is Luxury Residential Resorts, LLC, a Florida limited liability company located at 8011 Fins Up Circle, Kissimmee, FL 34747 (“LRR” or “ Trip Sponsor”), and Oriental Trading Company, Inc., a Delaware corporation (“OTC” or “Gift Card Prize Sponsor” collectively the “Sponsors”). The following persons are not eligible for the Sweepstakes: (a) the Sponsors and each of their respective parents, subsidiaries, affiliates and advertising, promotion, or production agencies associated with the Sponsors and/or the Sweepstakes and each of their respective employees, managers, members, shareholders, officers, directors, advisors and representatives; and (b) dependents (as defined by the Internal Revenue Services, immediate family members and individuals residing in the same household as any of the persons described in the foregoing clause (a). All applicable federal, state, and local laws apply to the Sweepstakes. The Sponsors reserve the right to disqualify Participants who tamper with or abuse any aspect of the Entry Form or website connected with the Sweepstakes, as determined by the Sponsor in its sole discretion.
2. Entry Period:
August 26, 2022, at 9:00:01 AM Eastern Time through September 7, 2022, at 11:59:59 PM Eastern Time (the “Sweepstakes Period”).
3. How to Enter:
During the Sweepstakes Period, visit https://encorereunion.com/stay-a-spell/sweepstakes to complete one (1) online entry form (the “Entry Form”). The Trip Sponsor will immediately disqualify and void all incomplete Entry Forms or Entry Forms that are submitted through the use of any macro, automatic, programmed, robotic, or like entry methods.
Participants may only submit one (1) Entry Form (the “Entry Limit”). Any attempt to exceed the Entry Limit by using multiple identities, email addresses, or by any other means, may result in disqualification.
The Trip Sponsor’s database computer is the official timekeeping device for the Sweepstakes. An Entry Form will be deemed to be submitted by the Authorized Account Holder of the email account provided on the Entry Form. The “Authorized Account Holder” means 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. Documented proof that an Entry Form was successfully transmitted does not constitute receipt of the Entry Form by the Trip Sponsor.
4. Selection of Winner:
One (1) winner of the Sweepstakes (the “Winner”) will be selected in a random drawing by an independent third party, which will occur on September 9, 2022. The Winner will be notified via email using the email address supplied by the Winner on its Entry Form (the “Initial Notification”). In order for the Winner to be eligible for the Prize (as defined in Section 5, below), the Winner must, (a) within three (3) days of the Initial Notification, respond to the Initial Notification and (b) within ten (10) days of the Initial Notification, (i) sign an affidavit of eligibility, (ii) sign a liability release, (iii) complete an IRS Form W-9, and (iv) provide the Trip Sponsor with proof of identification, age, eligibility, and acceptance of these Rules. If the Winner is deemed ineligible by the Trip Sponsor, fails to comply with these Rules, or declines the Prize for any reason, such Winner will be disqualified and an alternate winner may be selected. Once the Winner is qualified as eligible by the Trip Sponsor (the “Eligible Winner”), The Trip Sponsor’s reservation call center (the “Call Center”) will contact the Eligible Winner via phone or email using the contact information supplied by the Eligible Winner on the Entry Form to schedule the Trip (as defined in Section 5 below) (the “Formal Notification”). The Eligible Winner shall claim the Prize by booking the Trip with the Call Center on the date of Formal Notification or thereafter within ten (10) days of receiving the Formal Notification. The Eligible Winner must take the Trip with check-in on Saturday October 1, 2022 and check-out on Monday October 3, 2022. Failure to book and take the Trip in accordance with the terms herein may result in the Eligible Winner being deemed ineligible for the Prize. Any changes made to the Eligible Winner’s and his/her Guests’ itinerary (“Itinerary Changes”), must be approved by and made through the Trip Sponsor’s travel coordinator (the “Travel Coordinator”). Failure to obtain approval and make Itinerary Changes through the Travel Coordinator may result in the forfeiture of the Prize or the incurrence by the Eligible Winner and his/her Guests of additional fees, costs, or expenses arising out of or relating to any Itinerary Changes (the “Itinerary Change Fees”) which shall be determined in the sole and absolute discretion of LRR. If the Eligible Winner is disqualified by the Trip Sponsor, deemed to be ineligible or unable to accept the Prize for any reason, the Prize shall be awarded to a backup winner (the “Backup Winner”), which will be selected at the same time as the drawing of the Eligible Winner. If the Backup Winner is deemed to be ineligible or unable to accept the Prize for any reason, the Sweepstakes will be closed with no official winner.
One (1) Prize will be issued to the Eligible Winner. The Prize will consist of a two (2) night stay for the Eligible Winner and his/her guests (“Guests”) at the Encore Resort in Reunion, Florida (“Encore Resort”) in one of the Halloween-themed Encore Resort residences, including use of the clubhouse at the Encore Resort (collectively, the “Trip”). The Eligible Winner will stay at a residence with (5) five bedrooms, which can accommodate the Eligible Winner and up to a total of eleven (11) guests, with the theme “Monster Party”. The Prize also includes: (a) a $150 resort credit for use at the Encore Resort (the “Resort Credit”) and (b) a $500 OTC gift card to be used for OTC merchandise (the “OTC Gift Card”, together with the Trip and Resort Credit collectively, the “Prize”), to be used by the Eligible Winner and his/her Guests while staying at the Encore Resort. The Eligible Winner shall use the OTC Gift Card subject to and in accordance with the terms and conditions as set forth at https://www.orientaltrading.com/gcSent.html (Opens a new window). The Eligible Winner and his/her Guests are prohibited from using the Resort Credit to purchase alcoholic beverages. Any and all expenses not specified in these Rules, including, but not limited to, fees, costs, or expenses incurred by the Trip Sponsor in connection with any violation of the Rules by the Eligible Winner and his/her Guests, including without limitation any Itinerary Change Fees, checked baggage fees, meals and gratuities, transfers, and all airfare and ground transportation to and from the Encore Resort are the sole responsibility of the Eligible Winner and his/her Guests. Notwithstanding the foregoing, the Trip Sponsor may cover some or all of the Itinerary Change Fees as determined in the sole and absolute discretion of the Trip Sponsor, and subject in all respects to the Eligible Winner and his/her Guests obtaining approval and making any such Itinerary Changes through the Travel Coordinator. The total Approximate Retail Value of the Prize, including room tax, is $2,568.15 (“ARV”). The Trip will be subject to availability, blackout dates and any other restrictions as determined in the sole and absolute discretion of the Trip Sponsor. Eligible Winner and his/her Guests are responsible for all required travel documentation and identification, including, without limitation and as applicable, meeting any other requirements for travel to the Encore Resort, such as any health and safety requirements. The Prize is not transferable and the Eligible Winner may not substitute the Prize for another promotion or prize that is offered by the Sponsors. In addition, no other promotions or prizes offered by the Sponsors may be used simultaneously with the Prize or combined with the Prize. The Eligible Winner is responsible for any and all federal, state, local, and foreign taxes associated with the Prize and will receive a Form 1099 from the Trip Sponsor in connection therewith. In the event the Prize becomes unavailable for any reason, the Sponsors reserve the right to substitute the Prize for something of equal or greater value. Any difference between the advertised value of the Prize and the ARV will not be awarded to the Eligible Winner.
The odds of winning the Prize will depend on the number of eligible Participants.
7. Prize Conditions:
The Trip Sponsor may conduct and the Participant hereby agrees to submit to a background check as part of the Trip Sponsor’s determination of the Winner’s eligibility and compliance with these Rules. Upon submission of an Entry Form, the Participant agrees to reasonably cooperate with and submit to any such background check. Failure to cooperate may result in disqualification and the selection of an alternate winner. If a background check reveals that the Winner has engaged in conduct that could damage the reputation or business of the Sponsors, as determined by the Trip Sponsor in its sole and absolute discretion, the Winner may be disqualified and the Prize may be awarded to an alternate winner. The Eligible Winner must comply with the Trip Sponsor’s Rules including with respect to eligibility, entry, booking, taking of the Trip, use of the Resort Credit and OTC Gift Card. In addition, the Eligible Winner and his/her Guests must comply with the Trip Sponsor’s Rules throughout the Trip and any inappropriate behavior or any other non-compliance by the Eligible Winner and his/her Guests during the Trip, as determined by the Trip Sponsor in its sole discretion, may result in the immediate forfeiture of the Prize.
Each Participant shall indemnify, defend, and hold harmless the Sponsors from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, and the costs (“Losses”) of enforcing any right to indemnification under these Rules and the costs of pursuing any insurance providers arising out of, resulting from or in connection with direct or third party claims alleging: (a) bodily injury, death of any person, or damage to real or tangible, personal property resulting in whole or in part, directly or indirectly, from a Participant’s or the Guests’ participation in the Sweepstakes, including the Trip, Resort Credits and OTC Gift Card; (b) a Participant’s or Guest’s breach of any obligation under the Rules or any other agreement between a Participant and a Sponsor Party; and/or (c) any action or inaction of a Participant or a Guest.
The indemnification rights herein are independent of and in addition to such rights and remedies as the Sponsors may have at law or in equity including, without limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Each Participant fully and unconditionally releases and forever discharges the Sponsors and their respective managers, members, shareholders, officers, directors, employees, contractors, agents and representatives, including each of their respective professional advisors, successors and permitting assigns, and Instagram, and Facebook (each a “Released Party” and collectively, the “Released Parties”) from any and all Losses that may result from Participant’s participation in the Sweepstakes including such Participant’s Guests, including but not limited to: (a) the Trip, Resort Credits and OTC Gift Card; (b) the submission of illegible, lost, late, damaged, inaccurate, incomplete, misdirected, or stolen Entry Forms including Entry Forms that were not successfully transmitted due to technical malfunctions, failures, difficulties or other errors of any kind or nature, whether caused by Participant, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; (c) Initial Notifications or Formal Notifications that are lost, intercepted or not received by Winner for any reason including technical malfunctions, failures, difficulties or other errors of any kind or nature; or (d) the Released Parties’ failure to fulfill their obligations under these Rules due to causes beyond a Released Party’s reasonable control or because of any: (i) act of God; (ii) accident to equipment or machinery, any fire, flood, hurricane, tornado, storm or other weather condition; (iii) war, act of war, act of public enemy, terrorist act, sabotage, riot, civil disorder, act or decree of any governmental body; (iv) failure of communications lines, transportation, light, electricity or power; (v) earthquake, civil disturbance, commotion, lockout, strike or other labor or industrial disturbance; (vi) illness, epidemic (including the events connected with the 2019 Novel Coronavirus (COVID-19)), quarantine, death; or (vii) other natural or artificial disaster. Notwithstanding the foregoing, if any aspect of the entry process was, in Trip Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other technical difficulties, the Sponsors reserve the right, in their sole and absolute discretion to suspend, modify or terminate the Sweepstakes or disqualify any or all of the Participants.
10. Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A SPONSOR BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE RULES, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT THE SPONSOR WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL A SPONSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE RULES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF (A) ACTUAL OUT-OF-POCKET COSTS (BUT EXCLUDING ATTORNEY’S FEES) INCURRED BY A PARTICIPANT, INCLUDING THE GUEST OF A PARTICIPANT AND (B) $100.
11. Governing Law and Forum:
These Rules shall be governed by and construed under the laws of the State of Florida. The courts sitting in Palm Beach County, Florida shall have exclusive jurisdiction over all controversies that may arise out of or in connection with these Rules, and the Participant hereby waives any other venue to which they might be entitled by virtue of domicile or otherwise. Should the Participant initiate or bring a suit or action before any other courts, it is agreed that upon application any such suit or action shall be dismissed, without prejudice, and may be filed in accordance with this provision.
If any provision of these Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Rules and shall not affect the validity and enforceability of the remaining provisions. Headings and captions are used in these Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision thereof.
13. Waiver of Jury Trial and Class Action:
THE PARTICIPANT AND THE SPONSORS ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE RULES, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, THE PARTICIPANT AND THE SPONSORS IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE RULES. THE PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE RULES, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION. THE PARTICIPANT AND THE PARTIES CERTIFY AND ACKNOWLEDGE THAT: (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY, OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY; AND (D) SUCH PARTY HAS BEEN INDUCED TO AGREE TO THESE RULES BY, AMONG OTHER THINGS, THE WAIVERS AND CERTIFICATIONS IN THIS SECTION.
14. Arbitration of Disputes:
All disputes and controversies between the Participant and the Sponsors (each an “Arbitration Party” and collectively the “Arbitration Parties”), shall be settled by arbitration in accordance with expedited commercial rules of the American Arbitration Association (“AAA”). Arbitration proceedings conducted pursuant to this Section 14 shall be held in Palm Beach County, Florida and each Arbitration Party does hereby agree and submit to personal jurisdiction in Palm Beach County, Florida in connection with any arbitration proceeding and waives any and all objection thereto. Arbitrations shall be conducted by one (1) arbitrator jointly selected by the Arbitration Parties from a list of arbitrators maintained in the office of AAA in Palm Beach County, Florida (the “Arbitrator”). If the Arbitration Parties cannot agree on an Arbitrator, the Arbitrator shall be selected by the AAA. The Arbitrator must be a person experienced in commercial disputes involving resorts or sweepstakes and must have served as an arbitrator in not less than three (3) prior commercial arbitrations conducted under the AAA rules. Any remedy that would be available from a court of law shall be available from the Arbitrator to the Arbitration Parties pending arbitration subject in all respects to Section 10 of these Rules. The Arbitrator’s award shall be made in writing, but shall not make any findings of fact or conclusions of law. Judgment on any arbitration award may be entered by the Arbitrator or by any party in any court having jurisdiction thereof. No Arbitration Party or Arbitrator may disclose the existence, content, or results of any arbitration or arbitration award without the prior written consent of both Arbitration Parties except to the extent necessary to enter and enforce a judgment based upon such award. Unless otherwise required by applicable law, in the absence of manifest error, the award and decision of the Arbitrator shall be final and not subject to appeal. The provisions of this Section 14 shall survive termination or expiration of the Sweepstakes, Trip, and use of the Resort Credit and OTC Gift Card. The Arbitration Parties are barred from bringing a class action claim in any arbitration proceeding.
15. Publicity Release/Data Collection Privacy:
Except where prohibited, acceptance of the Prize constitutes the Winner’s permission for the Sponsors to use his/her name and Sweepstakes’ entry provided in connection with this Sweepstakes to announce the winner and for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. The Sponsors collect information from each Participant upon submission of an Entry Form. Submitting an Entry Form constitutes each Participant’s permission to the Sponsors to collect and maintain the data. The information collected is subject to each of the Sponsor’s Privacy Policies located at https://encorereunion.com/
16. Right to Modify, Suspend, or Cancel:
The Sponsors reserve the right to suspend or cancel the Sweepstakes or modify these Rules as necessary for any reason or as required by applicable law or local regulations. The Sponsors reserve the right, in their sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Sweepstakes without notice to the disqualified or banned person.