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Vacation Inc. Summer Sweepstakes

OFFICIAL RULES

No purchase or payment of any kind is necessary to enter or win. A purchase will not increase your chances of winning.

VOID WHERE PROHIBITED BY LAW OR REGULATION. You must be at least 18 years of age or older, a legal resident of, and reside within one of the United States or the District of Columbia ("U.S.") at the time of entry to participate in this Sweepstakes.

SWEEPSTAKES TIMING:

The Vacation Inc. Summer Sweepstakes (the “Sweepstakes”) begins Tuesday, June 8, 2021 at 12:01:01 a.m. Eastern Time (“ET”) and ends Tuesday, September 21, 2021 at 11:59:59 p.m. ET, the last day of the best summer of our lives (the “Sweepstakes Period”). Sponsor’s designated database clock will be the timekeeper for this Sweepstakes. The Sweepstakes will consist of one drawing to award one (1) prize. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Vacations Inc., 555 East Loockerman Street, Suite 120, Dover, DE 19901 (the “Sponsor”) and COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 www.cfapromo.com (the “Administrator”), whose decisions shall be final and legally binding in all matters related to the Sweepstakes.

ELIGIBILITY:

Participation open only to legal residents of the U.S. who are at least eighteen (18) years of age or older (or the age of majority in your state of residence, whichever is older) at the time of entry. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law, or persons who are not legal residents of the United States, will be disqualified.

Employees, officers, and directors of Sponsor, Administrator, and each of the foregoing parties’ respective directors, officers, shareholders, members, employees, parents, affiliates, subsidiaries, assignees, successors, distributors, advertising and promotion agencies, sales representatives, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their immediate family members (as defined by the IRS including spouse, parents, grandparents, siblings, children and grandchildren) and people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations.

All entries submitted are the property of the Sponsor. This Sweepstakes is void where prohibited by law or regulation.

HOW TO ENTER:

By participating in this Sweepstakes, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes.

Limit: You may enter one (1) time per day ET.

TO ENTER THE SWEEPSTAKES:

EITHER:

Visit the Sponsor’s site at https://www.vacation.inc/ and proceed with the following directions:

Locate the Summer Sweepstakes module on the homepage of https://www.vacation.inc/
Shuffle through the available prizes and select one (1) you would like to win. Once you select the prize, it will be attached to your shopping cart.
Make any purchase on https://www.vacation.inc/ and you are automatically entered for a chance to win that prize.
If you are selected as the winner, the prize attached to your purchase will be yours.
Agree to the Official Rules and submit your entry. Once you submit your entry you will receive one (1) entry into Sweepstakes.

OR

To enter without joining or making a purchase:

Mail In: To enter by mail without any purchase necessary or membership (available for all eligible entrants), hand print in ink your name, complete address, telephone number, age and prize selection on a 3” X 5” card and insert in to a standard business size envelope and mail to: Vacation Inc. Grand Opening ENTRY, PO Box 2242, Framingham, MA 01703-2242. Mail-in entries must be postmarked by 9/14/21 to be received no later than 9/21/21. No photocopies, facsimiles or mechanical reproductions will be accepted. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, stolen, or postage due entries or mail.

NOTE: Entry must be made by the entrant only. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor or Administrator, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

Use of Data. Sponsor and Administrator will be collecting personal data about entrants online, in accordance with each of their privacy policies. Please review Sponsor's privacy policy at https://www.vacation.inc/privacy-policy/ and Administrator’s privacy policy at https://cfapromo.com/privacy/ . By participating in the Sweepstakes, entrants hereby agree to Sponsor's and Administrator’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's and Administrator’s privacy policies.

If an entrant enters the Sweepstakes using his/her mobile device, messaging and/or data fees may apply. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. An entrant should consult his/her wireless service provider's pricing plan for details. Each entrant agrees to incur any and all charges demanded by his/her wireless carrier. Each entrant should also check his/her device's features for capabilities and check the device manual for specific use instructions.

PRIZE/ODDS OF WINNING/APPROXIMATE RETAIL VALUE (“ARV”): Only the prize selected upon registering in the Sweepstakes will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received.

Available prize selections:
Sauna Etiquette Lesson
10 Gallons of Vacation® Scented Massage Oil
Vacation® Aqua Cycle
Margarita Machine
Soft Serve Ice Cream Machine
Breakfast Buffet Catering for 20 People
Cigarette Boat Photoshoot for Two
Couples Massage
Inflatable Home Water Slide
Custom Airbrushed LinkedIn Profile Image
Tiki Boat Charter
Vacation® Branded Luxury Resort Robe
Potted Banana Plant
Panasonic Palmcorder
A Used Jimmy Buffet Concert Ticket
Taxidermied Lobster
Aloe Vera Plant
80 Feet of Rope
Vacation® Brand Metal Detector
Whitney Houston Cassette Tapes
At-Home Fondue Kit
Poolsuite “Summer Splendor” Open Reel-to-Reel Tape Machine
Jacuzzi Ukulele Lessons
100lbs of Shrimp
Be the Chef Package at Benihana’s
DIY Swedish Backyard Sauna Kit

No Prize listed above will exceed $5,000 in approximate retail value. Winner is responsible for any and all local, state and/or federal taxes, as well as any other costs and expenses not specified herein as being awarded and any other costs incurred in claiming or using the prize. If the Winner does not wish the Prize selected upon registering, a cash alternative of $1,500 in lieu of that Prize will be offered.

To the maximum extent permitted by law, all prizes are provided on an “as is” basis, without any warranty of any kind. Prizes are non-transferable. Prizes may not be redeemed for cash (excluding cash prizes) except at Sponsor’s option. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable.

PLEASE NOTE: Prize winner with a prize value of $600 or more will be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form, and, if legally permissible, a Publicity Release (collectively "Prize Documents"). Prize Documents will be emailed to the potential prize winner by the Administrator and the potential prize winner must complete and return such executed documents by email within five (5) calendar days (including Saturdays, Sundays and holidays) of attempted delivery of same. Noncompliance within any stated time period or return of any prize/prize notification as undeliverable will result in disqualification without further notice and an alternate Winner may be selected, time permitting.

A potential prize winner who satisfies all of the Sweepstakes requirements, will be designated the official winner (the “Winner”). The Winner will not receive the difference between the actual and approximate retail value of the prize. Sponsor and or Administrator will not replace any lost, mutilated, or stolen prizes. Prize Winner of a prize valued at $600 or more will receive an Internal Revenue Service Form 1099-MISC for the actual value of the prize from the Administrator at the end of the calendar year in which the prize is awarded, and a copy of such form will be filed with the IRS.

All details and other restrictions of any prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.

WINNER SELECTION AND NOTIFICATION:

A random drawing to be conducted on or about Tuesday, September 28, 2021 from all eligible entries received throughout the Sweepstakes Period. Conduct of the Sweepstakes and the drawing are under the supervision of the Administrator. Potential prize winner will be notified by phone and/or by email whichever is deemed appropriate by the Administrator, using the contact information provided by entrant at the time of entry. Sponsor and Administrator shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond five (5) calendar days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize and an alternate Winner may be selected from all remaining entries. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate Winner may be selected.

GENERAL PRIZE RESTRICTIONS/CONDITIONS:

Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, sales tax, use tax, surcharges, personal expenses, and all other costs incurred in claiming Winner’s prize. entrants agree that Sweepstakes Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes related activity, including but not limited to travel related to any prize activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose (except the vehicle prize includes the standard vehicle limited warranties set forth in the vehicle’s owner’s guide). To the maximum extent permitted by law, Sponsor makes no warranties, and disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT EXCEPT THE VEHICLE PRIZE INCLUDES THE STANDARD VEHICLE LIMITED WARRANTIES SET FORTH IN THE VEHICLE’S OWNER’S GUIDE.

PUBLICITY RELEASE:

Acceptance of any prize shall constitute Winner’s agreement and consent to Sponsor and its designees’ use of Winner’s name, city, state, likeness, photo, avatar, and/or prize information in connection with this Sweepstakes (collectively, the "Attributes"), for promotional, advertising or other purposes, in any manner perpetually, worldwide, royalty-free, in any and all media now known or hereafter devised, including the Internet, without limitation and without further compensation, notification, permission or other consideration, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.

8. Release of Liability / Conditions of Participation.

A. Transmission of Information. By entering this Sweepstakes, you agree to release and hold harmless Sponsor, Administrator, and each of the foregoing parties’ respective directors, officers, shareholders, members, employees, parents, affiliates, subsidiaries, assignees, successors, distributors, agents, advertising and promotion agencies, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the Sweepstakes (collectively, the “Released Parties”), from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or this Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of this Sweepstakes, the uploading, the processing or random selection of entries, the announcement of the prizes or in any Sweepstakes -related materials; (5) late, lost, garbled, misdirected, inaccurate, incorrect, undeliverable, damaged or stolen entries or mail; (6) costs associated with claiming or redeeming the prizes; nor (7) an entrant’s connection to the internet via any of the websites contained herein. Released Parties are not responsible for any incorrect, mis-transcribed, misdirected or undeliverable entries, E-mail transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user's Internet service provider and/or E-mail client or for insufficient space in user's E-mail account to receive E-mail. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor or Administrator.

B. Reservation of Rights. Sponsor reserves the right to cancel, suspend, and/or modify this Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of this Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine Winner from among all non-suspect, eligible entries received up to time of such action or as otherwise deemed fair and appropriate by Sponsor. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.

C. Release and Indemnity. By participating, entrant indemnifies, releases and agrees to hold harmless the Released Parties, their parents, affiliates and subsidiaries, and other entities involved in the development / production / administration of the Sweepstakes, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Sweepstakes, any Sweepstakes-related activity (including but not limited to travel related thereto) and/or acceptance, receipt, possession or use/misuse of any prize and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.

D. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR PARTICIPATING IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

FORCE MAJEURE:

In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor has the right (time permitting) to select the Winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more potential bona fide Winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the Winners, or remaining Winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware , without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware . For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the United States District Court for the State of Delaware or the Delaware State Court. The parties agree not to raise the defense of forum non-conveniens and entrant expressly consents to the personal jurisdiction of such courts and waives any right of change of venue or like right.

ARBITRATION PROVISION:

By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the entrant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

WINNER’S LIST/OFFICIAL RULES:

To obtain a copy of any legally-required Winner’s list, send a self-addressed stamped envelope to: Vacation Inc. Grand Opening Sweepstakes (Winner), PO Box 2242, Framingham, Ma 01703-2242. Winners list will be available after 9/17/21. All such requests must be received by 9/24/21.

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