1. GENERAL. Sponsor is KSL LC Management 2010, LLC, 2100 Costa Del Mar Rd, Carlsbad, CA 92009 ("Sponsor"). Entrants agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All federal, state, and local laws, rules and regulations apply. Void where prohibited or restricted. This promotion is in no way sponsored, endorsed, or administered by, or in association with, Instagram or Facebook.
2. ELIGIBILITY. Open only to legal residents of the United States (including the District of Columbia) and Canada, who are 18 years of age or older at the time of entry, as confirmed on valid photo identification. Promotion excludes residents of Quebec, Puerto Rico, Rhode Island and all U.S. territories and possessions. Employees of Sponsor or any of their respective subsidiaries, affiliates, parent companies, distributors, divisions, and agencies, as well as members of such employees' immediate families (parent, grandparent, child, sibling and spouse or "step" of any of the foregoing) and individuals living in the same household (whether or not related) are not eligible to participate or win.
3. PROMOTION DESCRIPTION AND PERIOD: The La Costa Splash Instagram Contest (the “Contest”) starts on June 1, 2013 at 01:00 AM Pacific Time (“PT”) and ends September 4, 2013 at 11:59 PM PT (the “Contest Period”). The Promotion consists of thirteen (13) Weekly Entry Periods (the “Weekly Contest”) and one (1) on-going three-month period (the “Summer Contest”), where participants are asked to submit a photo taken on the grounds of La Costa Resort and Spa during Contest Period, that best resembles what a La Costa vacation means to them (each, an “Entry”). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.
The Weekly Entry Period consists of a series of weekly independent contests. During each Weekly Contest, participants are asked to submit a photo while at La Costa Resort and Spa during Contest Period, depicting what a vacation at La Costa means to them (each, an “entry”). Entry for each Weekly Contest will begin each Friday during the Contest Period at 01:00 AM PT and end the following Friday at 11:59 PM PT during the Contest Period (each a “Weekly Entry Period”). Weekly winners will be notified the following Monday. Weekly Entries are only valid during that week’s Weekly Contest Period AND The Summer Contest Period. To enter to win weekly prizes, participants must submit one (1) entry per Weekly Contest Period.
The Summer Contest consists of all Entries submitted over the course of the Summer Contest Period (June 1 – September 4, 2013). To enter to win the Contest’s Grand Prize, participants must submit one (1) entry per Contest Period.
4. PRIZE. Prize consists of:
(1) Grand Prize Winner to Receive
• 3-Night Stay for Two in a Plaza Room, based on availability and not on summer or holiday periods
• Breakfast for Two (alcohol excluded)
• (2) 50-Minute Spa Treatments
• Dinner for Two at BlueFire Grill or Bistro 65 (alcohol excluded)
(13) Weekly Prize Winners to Receive:
• La Costa Signature Lotion and Bath Gel
Prize must be used by October 1, 2015. Approximate Retail Value of Grand Prize is: $1,640; Approximate Retail Value of Weekly Prizes is $44. Actual value of Prize may vary depending stay dates. Winner will not be entitled to the difference between maximum value and value of prize as ultimately enjoyed by winner.
5. PRIZE RESTRICTIONS: Prize may not be extended, transferred, substituted or redeemed for cash except that Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Winner is solely responsible for any costs associated with the prize not explicitly outlined above, including but not limited to any and all taxes, fees, surcharges on a prize, meals, alcoholic beverages, tips, gratuities, sightseeing, souvenirs, airfare, ground transportation to and from winner’s home and airport, incidentals, port charges, handling, service charges, passenger facility charges, and all insurance, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of prize. Prize is provided “as is” with no warranty or guarantee either expressed or implied by Sponsor. Resort may require cash deposit or credit card to cover incidentals. Any portion of prize not used by winner is forfeited. Guest of Prize winner must be at least 18 years of age and will be required to execute and return a liability release and publicity release prior to confirmation of reservations. Prize winner and guest must stay at the resort on the same dates. Resort reservations are subject to availability and confirmation. Advance reservations are required and are subject to space availability. Other restrictions/blackout dates may apply, including major holidays]. If any stated activities are cancelled or unavailable, Sponsor will have no further obligation to winner other than to award the remainder of the prize plus an element of Sponsor's choosing, of comparable or greater value to the ARV of the cancelled activity.
6. TO ENTER: NO PURCHASE NECESSARY. Post your Submission on Instagram through your Instagram account using the hashtag #LaCostaSplash (the “Instagram Hashtag”). Any photo tagged with the Instagram Hashtag on Instagram may be eligible for the Contest. Once you upload your Submission to Instagram using the Instagram Hashtag, you will be entered into the Contest. Your Submission must include the Instagram Hashtag in order to be eligible. By using the Instagram Hashtag in connection with your Instagram post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram API or otherwise use your post in any and all La Costa Resort and Spa marketing materials. Sponsor will not acknowledge receipt of entries. All entries become the property of Sponsor and will not be returned. Limit one (1) entry per person, per day. Any entries submitted beyond the limits specified herein are void.
Regardless of the method of entry, each Submission must meet the following “Submission Requirements”: (i) the Submission must not contain any identifiable person other than the entrant and entrant warrants and represents that he/she is the subject depicted in the photo and no one else; (ii) the Submission must be the submitting entrant’s original, previously unpublished work and not include any material owned or controlled by third parties (including without limitation, third party copyrighted material) and may not have been entered in any other contest or considered for any award; (iii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Promotion); and (iv) the Submission must not include any content that is obscene, pornographic, libelous or otherwise objectionable. Any Submission that, in Sponsor's good faith judgment, violates the Submission Requirements may be disqualified. Submissions must be received by September 4, 2013 at 11:59 PM PT. As part of the Promotion entry process, entrants must indicate that they have read, accepted, and agreed to be bound by these official rules (the “Official Rules”).
Limit one (1) entry per person, per day throughout Contest Period. Any individual who attempts to enter, or in the sole discretion of Sponsor is suspected of entering more than once or submits Submissions in excess of the disclosed maximum, by any means, including but not limited to establishing multiple email accounts, will be disqualified from participation in this Promotion. In the event of a dispute over the identity of an entrant, the entry will be declared made by the authorized holder of the email address submitted at the time of entry, and the entrant may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her email or postal address during the Contest Period. Proof of submission of entry does not constitute proof of delivery or entry. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Sponsor shall have no liability for any Submission that is lost, intercepted or not received by Sponsor. The Promotion Parties shall not be responsible for incorrect or inaccurate entry information whether caused by Internet or other network users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. The Promotion Parties assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
Sponsor’s decisions are final and binding in all matters relating to this Promotion.
7. WINNER SELECTION/NOTIFICATION. For Weekly Contests, to be held every Friday during Contest Period, Sponsor’s Panel of Judges will select one (1) winning photograph from weekly entries. Weekly winners will be notified the following Monday in the comments section of their winning entry, with instructions on how to accept and redeem prize.
On September 31, 2013 or within a reasonable time thereafter, Sponsor’s Panel of Judges will select one (1) winning photograph from all entries submitted during Contest Period for Grand Prize. Winner will be notified in the comments section of his or her winning entry, with instructions on how to accept and redeem prize.
Chosen winners must acknowledge and accept prize by November 30, 2013.
8. AFFIDAVIT OF ELIGIBILITY AND RELEASE. As a condition of receiving the prize and within fourteen (14) days of the date on the notification letter, the winner must provide valid photo identification featuring his or her name and address as it appeared on the entry form, offer proof of proper age and residency that satisfy the eligibility requirements of these rules, and sign an affidavit of eligibility and release supplied by Sponsor which, among other disclaimers, releases Sponsor, and a range of subsidiaries, directors, agents, agencies, affiliates, advertisers, promoters, officers, directors, employees and related persons from any and all liability related to this Promotion and the receipt and use of the prize. Winner must complete and return (except where prohibited) a Publicity Release within fourteen (14) days of the date on the notification letter. Winner also may be required to provide social security number and to sign other legal documents (including tax forms). Failure to return these documents in the time noted, return of prize notification as undeliverable, Sponsor's determination of ineligibility, failure to claim prize, or noncompliance with these Official Rules, will result in disqualification and forfeiture of the prize and an alternate winner will be selected at random from the remaining entries. Alternate winner is subject to all eligibility requirements of these Official Rules.
9. RELEASE: By accepting prize, winner agrees to release and hold harmless Sponsor, LC TRS Inc , their affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of prize, participation in any Promotion related activity, or participation in this Promotion.
10. MISCELLANEOUS. Sponsor reserves the right to correct typographical, clerical or printing errors in any Promotion materials. Sponsor reserves the right to cancel, terminate, modify or suspend this Promotion or any part of this Promotion should anything beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Promotion as determined by Sponsor in its sole discretion. In such event, Sponsor will conduct a drawing to award the prize using all non-suspect entries received as of the time of cancellation, termination, modification or suspension. Sponsor is not responsible for any liability or damage of any kind related to this Promotion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Any person attempting to defraud or tamper with this Promotion in any way will be ineligible for prizes and may be prosecuted to the full extent of the law.
11. CONSENT TO USE OF INFORMATION. Except where prohibited by law, winner agrees to grant to Sponsor, LC TRS INC, affiliates and assigns, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration.
12. LIMITATIONS OF LIABILITY. Sponsor is not responsible for incomplete, misdirected, delayed, undelivered, inaccurate, late, garbled entries, or for incorrect or inaccurate transcription of entry information, or for entries that for any reason are not received by Sponsor by the stated deadlines. Sponsor is not responsible for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any web site or internet service, or any other error or malfunction, including printing or typographical errors, relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. Sponsor is not responsible for injury or damage to participant's or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the Web site. IN NO EVENT WILL SPONSOR, AN AUTHORIZED AGENT FOR LC TRS INC., D/B/A LA COSTA RESORT AND SPA, THEIR LICENSEES, REPRESENTATIVES, PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, 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 PROMOTION WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS 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.
13. DISPUTES. As a condition of participating in this Promotion, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in San Diego County having competent jurisdiction, which Court shall apply the laws of the State of California without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses, and participant further waives all rights to have damages multiplied or increased.
14. WINNER'S LIST. Winner's identity can be obtained after December 31, 2013 by writing to: La Costa Summer Instagram Contest c/o Marketing Department, 2100 Costa Del Mar Rd, Carlsbad, CA 92009