| THE CARIBBEAN JOE VACATION STATE OF MIND CONTEST: How to Enter: Beginning April 3, 2007 at 12:01 AM (ET) through September 15, 2007 at 11:59 PM (ET) go to VacationStateofMind.com and complete and submit the entry form pursuant to the onscreen instructions, including a short description of your favorite way to escape the everyday life, minimum 50 words. Winner Selection: All entries will be judged by a Caribbean Joe panel based on the following criteria: creativity (25%); originality (25%); thoughtfulness (25%); and relevance to the Caribbean Joe brand (25%). In the event of a tie, the person among the tied entrants with the highest score in creativity will be the winner. By participating in the Contest, entrant certifies that his/her entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights or privacy or publicity. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these official rules or that is not consistent with the spirit or theme of the contest. The decision of the Sponsor and judges is final and binding on all matters relating to the Contest. Grand Prize and Approximate Retail Value: One (1) Grand Prize Winner will receive round-trip coach airfare and a four-day/three-night ultra all-inclusive stay for two provided by Beaches Resorts for (2) adults and two children (age 15 or under) to any of the four (4) Beaches Resorts located in Jamaica or Turks & Caicos, which include: Beaches Negril Resort & Spa, Jamaica Beaches Sandy Bay, Jamaica, Beaches Boscobel Resort & Golf Club in Ocho Rios, Beaches Turks & Caicos Resort & Spa. Beaches Resorts is an All-Inclusive resort destination. Therefore the provided trip will include deluxe accommodations, all meals, including gourmet specialty dining (excluding Gordon’s), nightly entertainment, all land and water sports, including scuba diving (for certified divers), snorkeling, gratuities, and transfers to and from the designated airport. Winner will responsible for all other incidentals and other expenses, including but not limited to telephone calls, Red Lane Spa, tours & excursions, inter-island transportation, SCUBA certification courses, island departure taxes and purchases made at the Beaches Specialty Shops. Airfare is a separate arrangement from the Sandals prize package and will be provided by the Sponsors. Prizes are subject for travel for one year from the promotional date (September 15, 2007 – September 15, 2008) and are not transferable nor are they redeemable for cash. No extension will be given after the trip has expired. This trip is subject to space availability and selected blackout dates. Reservations will not be confirmed until 30 days prior to the selected travel date. Beaches Resorts reserves the right to relocate any confirmed prizewinner from their hotel of choice to an alternate resort within our chain based upon availability of space for the secured travel dates. Once the travel schedule has been arranged, it cannot be altered and failure of Winner to follow such schedule shall not obligate Sponsors in any way to provide the winner with alternate arrangements. Estimated total ARV of prize provided by Beaches Resorts: $2,600. Estimated total ARV of airfare provided by Sponsors: $3,000. Estimated total Grand Prize Package ARV $5,600. Runner-Up Prizes and Approximate Retail Value: Four Runner-Ups will each receive a Caribbean Joe wardrobe. This will include apparel (5 tops, 5 bottoms and accessories), Estimated ARV of $1200. Total ARV awarded for CARIBBEAN JOE VACATION STATE OF MIND CONTEST for all prizes awarded $10,400. Winners will be notified via phone, e-mail or postal mail, at Sponsor’s discretion, on or about September 30, 2007. Winner’s List: For winner’s name, send a separate self-addressed, stamped envelope to Caribbean Joe Island State of Mind Contest, 300 W. 57th Street, 35th floor, New York, NY 10019 by September 30, 2007. Mechanically reproduced entry forms or entry forms that have been tampered with will be disqualified.
ENTRIES: Limit (1) one entry per person and per e-mail address for THE CARIBBEAN JOE VACATION STATE OF MIND contest (referred to as the “Promotion”). Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsors and may be used in future marketing campaigns. No mechanically reproduced entries permitted. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The “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 (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
ELIGIBILITY: Must be 18 years of age or older to enter to win whom are legal residents of the 50 United States and the District of Columbia and Canada. Void in Puerto Rico, Quebec Province and where prohibited by law. Employees of Sponsors, their parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.
CONDITIONS OF PARTICIPATION: Online entrants must have valid e-mail address and it is entrant’s responsibility to update Sponsors of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsors reserve the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsors, which are final and binding on all matters pertaining to this Promotion. Winners (and parent or legal guardian if winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Travel companions of Winner must also execute a Publicity/Liability Release prior to ticketing and must possess required travel documents (e.g. valid photo I.D.) prior to departure. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsors within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsors and their agencies to use winner’s name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsors, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Sponsors are not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
INTERNET: Sponsors are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsors or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsors reserve the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsors reserve the right to select winners from eligible entries received as of the termination date. Sponsors further reserve the right to disqualify any individual who tampers with the entry process. Sponsors may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such participant to the fullest extent of the law.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York State law, without reference to New York’s choice of law rules, governs the Promotion and all aspects related thereto.
SPONSORS: The Sponsor of these Promotions is Hearst Communications, Inc., 300 W. 57th Street, New York, NY 10019 and Caribbean Joe of CJ Apparel Group, 1411 Broadway, 12th Floor, New York, NY 10018. |