Sunset Walk’s “The Promenade at Sunset Walk Gift Certificate Giveaway” Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
THE FOLLOWING OFFICIAL RULES ARE VOID WHERE PROHIBITED.
1. Eligibility: Sunset Walk’s “The Promenade at Sunset Walk Gift Certificate Giveaway” (the “Giveaway”) is open only to legal residents of the United States, not including Arizona and Rhode Island; age 25 or older (“Participants”). The sponsor of the Giveaway is MV Rolling Oaks Retail, LLC, a Delaware limited liability company, located at One Town Center Road, Suite 600, Boca Raton, Florida 33486 (“Sponsor”). The following persons are not eligible for the Giveaway: (i) Sponsor and its parents, subsidiaries, affiliates and advertising, promotion, or production agencies associated with the Giveaway and each of their respective employees, managers, members, shareholders, officers, directors, advisors and representatives (each a “Sponsor Party” and collectively, the “Sponsor Parties”) and (ii) IRS dependents, immediate family members and individuals residing in the same household as any of the persons described in the foregoing clause (i). All applicable federal, state, and local laws apply to the Giveaway. Sponsor reserves the right to disqualify Participants who tamper with or abuse any aspect of the Entry Form or website connected with the Giveaway, as determined by the Sponsor in its sole discretion.
2. Entry Period: [The Sweepstakes begins on September 1, 2021 at 12:00:01 a.m. Eastern Time (“ET”), ends on August 31, 2022 at 11:59:59 p.m. ET (the “Giveaway Period”) and consists of twelve (12) monthly entry periods (each a “Monthly Entry Period”)
|Entry Period||Start Date at 12:00:01 a.m. ET||End Date at 11:59:59 p.m. ET||Approximate Drawing Date|
|September||September 1, 2021||September 30, 2021||October 10, 2021|
|October||October 1, 2021||October 31, 2021||November 10, 2021|
|November||November 1, 2021||November 30, 2021||December 10, 2021|
|December||December 1, 2021||December 31, 2021||January 10, 2022|
|January||January 1, 2022||January 31, 2022||February 10, 2022|
|February||February 1, 2022||February 28, 2022||March 10, 2022|
|March||March 1, 2022||March 31, 2022||April 10, 2022|
|April||April 1, 2022||April 30, 2022||May 10, 2022|
|May||May 1, 2022||May 31, 2022||June 10, 2022|
|June||June 1, 2022||June 30, 2022||July 10, 2022|
|July||July 1, 2022||July 31, 2022||August 10, 2022|
|August||August 1, 2022||August 31, 2022||September 10, 2022|
3. How to Enter: During the Giveaway Period, visit https://www.sunsetwlkprod.wpengine.com/wifi-portal, to complete the online entry form (the “Entry Form”). 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 enter one (1) time per Monthly Entry Period during the Promotion Period (“Entry Limit”). Any attempt to exceed the Entry Limit by using multiple identities, email addresses, or by any other means, may result in disqualification. Participants may only win a maximum of one time during the Giveaway Period.
Sponsor’s database computer is the official timekeeping device for the Giveaway. An Entry Form will be deemed to be submitted by the Authorized Account Holder of the email account provided on the Entry Form. An “Authorized Account Holder” is defined as 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 Sponsor.
4. Selection of Winner: One (1) winner (“Winner”) will be selected in a random drawing by an independent third party, which will occur on the tenth (10th) day of each month during the Giveaway Period via email using the email address supplied by Participant on the Entry Form or via social media using the social media account supplied by Participant on the Entry Form (“Initial Notification”). In order for Winner to be eligible for the Prize, Winner must, within ten (10) days of the Initial Notification, respond to the Initial Notification and within thirty (30) days of the Initial Notification, (i) sign an affidavit of eligibility, (ii) sign a liability release, and (iii) provide Sponsor with proof of identification, age, eligibility, and acceptance of these Official Rules. If Winner is deemed ineligible by Sponsor, fails to comply with these Official Rules, or declines the Prize for any reason, such Winner will be disqualified and no alternate winner may be selected. Once Winner is qualified as eligible by the Sponsor (“Eligible Winner”), Sponsor or its authorized representative will contact the Eligible Winner via email or social media using the contact information supplied by the Eligible Winner on the Entry Form to coordinate the delivery of the gift certificate (“Formal Notification”).
5. Prize: One (1) Prize will be issued to the Eligible Winner each month which will consist of a $200 gift certificate to be redeemed at participating venues located at The Promenade at Sunset Walk (the “Prize”) to be used to purchase goods and services by the Eligible Winner. The total Approximate Retail Value (“ARV”) of the Prize is $200. Eligible Winner must claim the Prize within thirty (30) days of receiving the Formal Notification by the Sponsor or its authorized representative. [The gift certificate will be subject to availability at participating venues, and any other restrictions as determined in the sole discretion of the Sponsor or the participating venue. The Prize is not transferable and the Eligible Winner may not substitute the Prize for another promotion or prize that is offered by the Sponsor Parties. In addition, no other promotions or prizes offered by Sponsor Parties may be used simultaneously with the Prize or combined with the Prize. The Eligible Winner is responsible for any and all federal, state and local taxes associated with the Prize. In the event the Prize becomes unavailable for any reason, Sponsor reserves 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. Non-winning Monthly Entry Periods entries will not carry over into any subsequent Monthly Entry Period.
For All Prizes: Limit: One (1) prize person per Monthly Entry Period. Total ARV of all prizes: $2,400.
6. Odds: The odds of winning the Giveaway depends on the number of eligible Participants.
7. Prize Conditions: Sponsor may conduct and Participant hereby agrees to submit to a background check as part of Sponsor’s determination of Winner’s eligibility and compliance with these Official Rules. Upon submission of an Entry Form, 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 Winner has engaged in conduct that could damage the reputation or business of the Sponsor Parties, as determined by Sponsor in its sole discretion, Winner may be disqualified and the Prize may be awarded to an alternate winner. Eligible Winner must comply with Sponsor’s rules and regulations in connection with the use and redemption of the Prize. Any inappropriate behavior, as determined by Sponsor in its sole discretion, may result in the immediate forfeiture of the Prize.
8. Indemnification: Each Participant shall indemnify, defend, and hold harmless the Sponsor Parties 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 Official 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 participation in the Giveaway; (b) a Participant’s breach of any obligation under the Official Rules or any other agreement between a Participant and a Sponsor Party; and/or (c) any action or inaction of a Participant.
The indemnification rights herein are independent of and in addition to such rights and remedies as the Indemnified Parties 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.
9. Release: Each Participant fully and unconditionally releases and forever discharges the Sponsor Parties from any and all Losses that may result from Participant’s participation in the Giveaway including but not limited to (i) the use and redemption of the gift certificate; (ii) 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 Giveaway; (iii) 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 (iv) the Sponsor Parties failure to fulfill their obligations under these Official Rules due to causes beyond a Sponsor Party’s reasonable control or because of any act of God, accident to equipment or machinery; any fire, flood, hurricane, tornado, storm or other weather condition; any war, act of war, act of public enemy, terrorist act, sabotage, riot, civil disorder, act or decree of any governmental body; any failure of communications lines, transportation, light, electricity or power; any earthquake, civil disturbance, commotion, lockout, strike or other labor or industrial disturbance; or any illness, epidemic (including the events connected with the 2019 Novel Coronavirus (COVID-19)), quarantine, death or any other natural or artificial disaster. Notwithstanding the foregoing, if any aspect of the entry process was, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other technical difficulties, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Giveaway 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 PARTY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE OFFICIAL RULES, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT THE SPONSOR PARTY 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 PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE OFFICIAL 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, AND (B) $100.
11. Governing Law and Forum: These Official Rules shall be governed by and construed under the laws of the State of Florida. The courts sitting in Orange County, State of Florida shall have exclusive jurisdiction over all controversies that may arise out of or in connection with these Official Rules, and Participant hereby waives any other venue to which they might be entitled by virtue of domicile or otherwise. Should 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.
12. Waiver of Jury Trial and Class Action: PARTICIPANT AND SPONSOR ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE OFFICIAL RULES, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, PARTICIPANT AND SPONSOR 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. PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE OFFICIAL RULES, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; PARTICIPANT AND SPONSOR 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 OFFICIAL RULES BY, AMONG OTHER THINGS, THE WAIVERS AND CERTIFICATIONS IN THIS SECTION.
13. Arbitration of Disputes: All disputes and controversies between a Participant and Sponsor (each a “Party” and collectively the “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 11 shall be held in Orlando, Florida and each Party does hereby agree and submit to personal jurisdiction in Orlando, 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 Parties from a list of arbitrators maintained in the office of AAA in Orange County, Florida (the “Arbitrator”). If the 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 giveaways/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 Parties pending arbitration subject in all respects to Section 10 of these Official 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 Party or Arbitrator may disclose the existence, content, or results of any arbitration or arbitration award without the prior written consent of both 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 11 shall survive termination or expiration of the Giveaway. The Parties are barred from bringing a class action claim in any arbitration proceeding.