Visit Orlando's Magical Dining Month Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. Further eligibility restrictions are contained in the Official Rules below. Entrant is providing information to Visit Orlando and not to Instagram.
2.ELIGIBILITY: Sweepstakes is open only to legal United States residents residing in the forty-eight (48) contiguous United States or Washington, D.C., and who are at least eighteen (18) years of age and the age of majority in their state of primary residence at the time of entry (“Entrant”). Entrant must be the rightful owner of the Instagram account associated with the entry. In the event of a dispute, the Entrant or potential winner will be deemed the Authorized Account Holder of the Instagram account used to “Comment”, as long as such person is otherwise eligible in accordance with these Official Rules. “Authorized Account Holder” is defined as the natural person in whose name the Instagram account was opened. In the event of a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Employees, owners, shareholders, officers and directors of Sponsor and Administrator (collectively, the “Sweepstakes Entities”), and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes Household Members shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3.HOW TO ENTER: To participate in the Sweepstakes, Entrant must log into his/her Instagram account and follow @VisitOrlando. Entrant’s Instagram account must be set to public in order to participate in this Sweepstakes.
On the Start date of each Entry Period, as detailed in the Entry Period Chart below, Sponsor will make a unique and original post (the “Post”) for the corresponding Entry Period. Potential Entrants will be invited to respond to the Post in the form of a comment ((the “Comment”) and tag one (1) friend to receive one (1) entry into the random drawing for such Entry Period. All Comments must be submitted in accordance with the Entry Chart and in compliance with the criteria and restrictions below. Entrants may encourage the tagged friend to make Comment and tag them back.
Entry Period Chart
*All times Eastern Time(“ET”)
|End Date/Time||Random Drawing & Winner Notification Date (on or about)|
|1||8/13/18 at or about 9:00am ET||8/18/18 at 11:59:59pm ET||8/20/18|
|2||8/20/18 at or about 9:00am ET||8/25/18 at 11:59:59pm ET||8/27/18|
|3||8/27/18 at or about 9:00am ET||9/01/18 at 11:59:59pm ET||9/03/18|
The Comment must meet the following eligibility criteria:
Comment must respond to the Post;
Comment must be original to Entrant and Entrant must have the rights necessary to utilize the Comment for consideration in the Sweepstakes in compliance with these Official Rules; and
Comment must be in compliance with content restrictions below.
Comments are subject to the following Content Restrictions:
Comment must NOT contain material that infringes or violates any applicable laws or regulations or any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation.
Comment must NOT contain subject matter which is, or could be considered, in the sole discretion of Sweepstakes Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
Comment must NOT contain any derogatory references to any Sweepstakes Entities;
Comment cannot communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Comment cannot be in violation of any law.
Sweepstakes Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which entries have satisfied the eligibility requirements.
Limit one (1) entry per person per Entry Period. In the event that more than one (1) Comment is posted from the same Instagram account and/or by the same person using different Instagram accounts in any given Entry Period, only the first eligible Comment will be considered an entry. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, registrations, logins, and/or any other methods will void such Entrant's entry and that Entrant may be disqualified from the Sweepstakes at Sweepstakes Entities’ sole discretion. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period and/or Entry Period and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion, and notice will be posted on the Sponsor’s Instagram account.
4.WINNER SELECTION AND NOTIFICATION: At the conclusion of each Entry Period, two (2) potential Prize winners (each a “Winner”) will be selected via random drawing from all eligible Entries received in accordance with the Entry Period Chart above. Potential Winners will be notified in the form of a Instagram message or reply to his/her Comment from the Sponsor or Administrator. Potential Winners will be required to respond (as directed) to the notification within three (3) days (or a shorter time if required by exigencies) of attempted notification. The failure to respond and provide an email address within the stated time period may result in forfeiture of the Prize for the corresponding Entry Period. Potential Winners will then be emailed, to the email address provided, and required to verify address, sign, and return within three (3) days of initial notification a “Prize Acceptance Form” covering eligibility, liability, advertising and (where imposing such condition is legal) publicity rights. Prizes will not be awarded until all such properly executed forms are returned. If Prize is awarded but goes unclaimed or is forfeited by potential Winner, the Prize may not be re-awarded, in Sponsor’s sole discretion. Sweepstakes Entities, in their sole discretion, will attempt to contact up to three (3) potential Winners of a Prize in accordance with the above procedure if time permits, after which the prize in question may go unawarded if it remains unclaimed. ALL FEDERAL, STATE AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF A PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
5.ODDS OF WINNING: Odds of winning depend on the number of eligible entries received in each Entry Period.
6.PRIZES: There are six (6) Prizes available (two (2) per Entry Period). Each Prize consists of one (1) gift certificate* good for two (2) Magical Dining menu items at one (1) Magical Dining restaurant, as determined by Sponsor in its sole discretion, during the 2018 Magical Dining Month promotion. The approximate retail value of each Prize is Ninety Dollars ($90.00). Cumulative Total of All Prizes: Four Hundred Twenty Dollars ($420.00).
*Gift certificate is subject to separate terms, conditions and restrictions which can be found on the gift certificate. Gift certificate void if copied, altered, transferred, purchased or sold. Gratuity not included. Gift certificate has no cash value and must be redeemed on or before September 30, 2018.
Limit one (1) prize per Household. Prior to receiving a Prize, Prize Winners cannot assign or transfer their Prize claim to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If a Prize cannot be awarded due to circumstances beyond the control of the Sweepstakes Entities, a substitute prize of equal or greater retail value may be awarded. The ARV of any prize represents the Sweepstakes Entities’ good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. Winner will be responsible for securing transportation to/from the Magical Dining restaurant associated with his or her Prize. Other restrictions may apply.
7.CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection and notification tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Each Entrant authorizes the Sponsor and its designees to use his/her Comment, Instagram handle, Instagram profile picture, photo, name, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a Winners’ list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use a Prize (or portion thereof) for any reason and such Prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will randomly select the Winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8.INDEMNITY: Winners shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9.GOVERNING LAW/JURISDICTION: This Sweepstakes is governed by the laws of the United States and the State of Florida, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Florida having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
12.WINNERS /OFFICIAL RULES: To obtain the names of the Winners or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope "Visit Orlando’s Magical Dining Month Sweepstakes” Winner List or Rules, 189 South Orange Ave, Suite 1130A, Orlando, FL 32801. Residents of Vermont may omit return postage. Requests must be received no later than October 12, 2018.