Opal Collection Contest Entry Participation, and Official Rules

Opal Wanderlust Instagram Contest
 
The Opal Wanderlust Instagram Contest (“Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram. No purchase necessary to participate. Void outside the 50 United States, District of Columbia and where prohibited by law. Applicable federal, state, provincial and local laws and regulations apply. Taxes, customs, duties and like amounts, in connection with the prize is the responsibility of the winner.
 
I.  Preliminary Information
a.  The Contest will begin at 12:01 a.m. Eastern Time (“ET”) on the 1st day of   and end at 11:59 p.m. ET on the last day of   (“Contest Period”). Odds of winning depend upon the number of Entries (hereinafter defined) received. Contest is subject to all applicable federal, state and local laws. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. Only entries received during the Contest Period and which are otherwise fully compliant with these Official Rules are “Valid Entries.”
 
II. Eligibility
a.  To be eligible to participate (herein “Eligible”), entrants must, at the time of entry, be a legal resident of, and located within, one of the 50 United States or the District of Columbia and be 18 years of age or older and fully comply with all terms and conditions set forth herein.  Officers, directors, and employees of Contest Entities (as defined below) along with any of their respective immediate family members (spouses and/or parents, children, step-children, siblings, step-siblings, and their respective spouses, regardless of where they reside), are not eligible to enter or win the Contest. Contest Entities means Opal Collection, Inc., a Florida corporation (the “Sponsor”), and its parent and affiliates and the hotels or resorts operated by its parent or affiliates, and administrative, advertising, and promotion agencies, including but not limited to Hawthorn Creative and WOOBOX LLC, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
 
III. How to Enter
To enter the Contest, Eligible entrants shall complete the following steps:
1.       “Like” the Contest image posted to the official @opal_collection Instagram profile;
2.       in the comments section of the Contest image, answer the question asked and tag two friends; and
3.       Take a screenshot of the Contest image and share it in your own Instagram story with the hashtag #OpalWanderlustContest and tag @opal_collection.
If you do not have an Instagram account, sign up for your FREE account at http://instagram.com/.
 
 IV.  Valid Entries
 a.  All Valid Entries received during the Contest Period shall be eligible to win. Entries must be received during the Contest Period. Limit one (1) entry per person during the Contest Period.
b.  Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Instagram user name, city, state, likeness, and/or image for purposes of advertising, promotion, and publicity in any and all media now and hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
c.  By entering the Contest, each entrant acknowledges that he/she is voluntarily providing personal information to Sponsor, with full knowledge that Sponsor will use such information for marketing purposes and creation of a database of prospects for its hotels and services and agrees to be bound by the Official Rules of the Contest as stated herein and to have his or her name and if provide, to be displayed on Sponsor’s Instagram page and/or websites and used by Sponsor for any purpose, at any time, without any fee or other form of compensation and each entrant is conclusively deemed to have waived and disclaimed his or her right to claim any such fee or compensation for use of the winner’s name and likeness.  Entries and data collected in entry form are conclusively deemed voluntarily provided and become, upon entry, the exclusive property of the Sponsor and will not be returned.
 
V.  Winner Selection & Notification
a.  There will be one (1) grand prize winner of the Contest.
b.  Sponsor will randomly select one (1) winner (“Winner”) from all Valid Entries on Instagram. Sponsor reserves the right to not award a prize, if, in their sole discretion, they do not receive a sufficient number of eligible and qualified valid Entries, or to extend the Contest Period if the Contest does not receive a sufficient number of Valid Entries, as determined by Sponsor in their sole discretion.
c.  Eligibility and compliance with these Official Rules shall be in the sole and absolute discretion of the Sponsor. Eligible Winner will be notified by direct message on Instagram within seven (7) days after the Contest Period has ended. Winner is required to respond within three (3) days following transmission of that prize notification that the winner is accepting their prize.
d.  Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, IRS W9 form, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the Winner cannot be reached or is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, does not satisfactorily execute all of the Contest Documents, or if prize or prize notification is returned as undeliverable, such Winner will be disqualified and Sponsor will randomly select a new Winner from the remaining Valid Entries. Sponsor is not responsible for unsuccessful efforts to notify any potential winner.
e.  Winner may be required to return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize, and Winners is advised to seek counsel regarding any tax liabilities associated with their prize.
f.   Odds of winning depend on the number of Valid Entries received.
g.  By accepting a prize, Winner expressly consents to Sponsors use of their Instagram username for advertising or publicity purposes without additional compensation, except where prohibited by law.
 
VI.  The Grand Prize
a.  The Grand Prize (“Grand Prize”) is a $100 USD resort credit, which is available for use towards dining, spa, tennis, golf, whale watching, beach and resort activities (if available) on property at the Eligible Opal Collection Resort.  No cash value will be awarded in exchange for the Grand Prize.
b.  Eligible Opal Collection Resorts are limited to the following:  West Street Hotel in Bar Harbor, Maine; Harborside Hotel, Spa & Marina in Bar Harbor, Maine; Samoset Resort in Rockport, Maine; Sagamore Resort in Bolton Landing, New York; Lake Placid Lodge in Lake Placid, New York; The Resort at Longboat Key Club in Longboat Key, Florida; Zota Beach Resort in Longboat Key, Florida; Lido Beach Resort in Sarasota, Florida; Sandpearl Resort in Clearwater Beach, Florida; Opal Sands Resort in Clearwater Beach, Florida; Treasure Island Beach Resort in Treasure Island, Florida; Edgewater Beach Hotel in Naples, Florida; Hutchinson Shores Resort & Spa in Jensen Beach, Florida; Jupiter Beach Resort & Spa in Jupiter, Florida; and Delray Sands Resort in Highland Beach, Florida.  The Grand Prize is non-transferable.
c.  To use the Grand Prize resort credit at one of the Eligible Opal Collection Resorts, reservations must be made in advance through the office of the Sponsor at 603-559-2245 or through a mailed-in certificate in the form furnished by the Sponsor to Winner. 
 
VII.  Sponsor Address
a.  The address of the Sponsor is 1000 Market Street, Building One, Portsmouth, New Hampshire 03801.
 
VIII.  Governing Law & Jurisdiction
a.  The Contest is subject to all applicable U. S. federal, state and local laws and regulations.
b.  ANY CLAIMS OR CONTROVERSIES RELATING TO OR ARISING FROM THIS PROMOTION SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE CONFLICTS OF LAW PRINCIPLES THEREOF.  EACH ENTRANT AGREES TO THAT VENUE AND JURISDICTION AND THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS.
 
IX.  Release
a.   By entering the Contest, all entrants expressly agree to release the Sponsor and any all persons or entities affiliated with the Sponsor (including, without limitation, the owners and operators of the eligible Opal Collection resorts and their respective employees) or affiliated with the sponsorship, fulfilment, administration, prize support, advertisement, or promotion of the Contest and each of their respective parents, agents, affiliates, subsidiaries, and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns and all others associated with the development or execution of the Contest (collectively, the “Released Parties”) from any and all liability of whatsoever kind, type, nature, description or characterization, including but not limited to actions, claims, injury, loss, damage or death arising in any manner, in whole or in part, directly or indirectly, from participation in the Contest and/or acceptance, use or misuse of the Grand Prize (including any travel/activity related thereto).
b.   In addition, by submitting an entry, entrant for itself, its heirs, family members, successors and assigns does fully and completely release Instagram and each of Instagram’s respective employees, parents, agents, affiliates, subsidiaries, and each of their respective officers, directors, agents, representatives and employees shareholder, as well as each of their respective successors, representatives and assigns and all others associated with Instagram from any and all liability of whatsoever kind, type, nature, description or characterization, including but not limited to actions, claims, injury, loss, damage or death arising in any manner, in whole or in part, directly or indirectly, from participation in the Contest and/or acceptance, use or misuse of the Grand Prize (including any travel/activity related thereto).
 
X.  Privacy & Use of Entrant Information
a.  Participants acknowledge that by entering the Contest he or she is providing information to the Sponsor and its affiliates, along with WOOBOX LLC and Hawthorn Creative.
b.  Except where prohibited by law, entry constitutes permission for Sponsor and/or its affiliates to use, any and all information, which Entrant provides about themselves, to send Entrants announcements via electronic and ordinary mail about the products and programs of the Sponsor and/or its affiliates. Entrants will have the option to opt out from any future advertising by selecting the opt out election on future advertising and marketing emails they may receive.
c.  Except where prohibited by law, entry constitutes permission for the Sponsor and its affiliates to use Entrant's information and any statements regarding the Contest in all media now known or hereafter selected or discovered, for any purpose whatsoever, including without limitation, in connection with, and to promote, market or advertise, the Contest or any future Contest, in whole or in part, without review, approval, credit or attribution, notification or payment from or to Entrant or any person or entity, worldwide, in perpetuity, or on a winner’s list, if applicable.
 
XI.  Miscellaneous
a.  OFFICIAL RULES AND WINNER LIST:  For a copy of the Official Rules, visit https://www.opalcollection.com/opalwanderlustcontest-officialrules/. For a list of winners available for ninety (90) days after the last date of the Contest Period, send a stamped, self-addressed envelope to: OPAL COLLECTION, 1000 Market Street, Building One, Suite 300, NH 03801, Attention: Marketing Department. Vermont residents may exclude return postage.
b.  Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered, garbled or misdirected entries or registrations; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the winner, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Contest-related website.  Sponsor reserves the right, in its sole discretion to disqualify any entrant without notice for no reason, or any reason, including but not limited to, tampering with the entry process, the operation of the web site or another violation of these Official Rules.  Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify the Contest if the Contest is compromised by virus, technical corruption, non-authorized human intervention, or any other causes whatsoever which, in the sole discretion of the Sponsor, corrupt or affect the administration, security, fairness, proper play or integrity of the Contest. In the event of cancellation or termination, Sponsor reserves the right to select the potential winners in a random drawing from among all non-suspect Valid Entries received prior to date of cancellation or termination. In the event of a dispute, Entries will be deemed made by the authorized account holder of the account associated with the Valid Entry and he/she must comply with these Official Rules.  The authorized account holder is the natural person who is assigned the account by Instagram.
c.  ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST-RELATED WEBSITE, ACCOUNT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 
 
 

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