Hidemycoat Summer Giveaway Sweepstakes
Terms and Conditions
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. CHANCE OF WINNING DEPENDS ON TOTAL NUMBER OF ELIGIBLE ENTRIES PER DAY.
VOID WHERE PROHIBITED BY LAW
By entering into this HIDEMYCOAT SUMMER GIVEAWAY SWEEPSTAKES (the “Promotion”), I (“Entrant” or “Participant”) accept these terms, conditions, rules, regulations, requirements (the “Terms and Conditions”) and accept the decisions of the Sponsors (defined below). I confirm I am at least 18 years old, have a valid Instagram account set to public for the duration of the Promotion, have a valid email address, and follow @montageloscabos and @loscabostourism on Instagram. No purchase necessary. A purchase will not increase an Entrant’s chances of winning. The Instagram Contest is subject to federal, state, municipal, and local laws and regulations, and is void where prohibited.
Eligibility: The Promotion is open to all Participants who are at least eighteen (18) years of age, hold a valid passport and are able to travel to Mexico, have a valid Instagram account, have a valid email address, follow @montageloscabos and @loscabostourism on Instagram, and have registered their email on the shophaney.com contest landing page.
Employees of Montage International and Haney are not eligible to participate in the Promotion.
Sponsor: The Contest is sponsored by CABO LHR, S. de R.L. de C.V., a Mexican limited liability company d/b/a Montage Los Cabos(“Montage”), Los Cabos Tourism [Legal Entity] (“Los Cabos Tourism”), MAH READY TO WEAR LLC, a California limited liability company (“Haney”) (collectively, “Sponsor”).
Agreement to Terms and Conditions: By entering the Promotion, I indicate my full and unconditional agreement to, and acceptance of, (a) these Terms and Conditions and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entry Period: The Promotion begins June 21, 2018. Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Instagram Contest. The Promotion will end on Wednesday, July 27 at 11:59 p.m. PST (“Entry Period”).
How to Enter: At the beginning of the Entry Period, Participant may enter the Promotion by satisfying both of the following:
- Following @montageloscabos @loscabostourism on Instagram, and
- Registering an email address on shophaney.com contest landing page.
One entry per contest entrant.
Drawing: After the Entry Period, on or about June 28, 2018, Montage Los Cabos will select one (1) winner at random (“Winner). The odds of being selected depend on the number of entries received. The Winner will be announced via @HideMyCoat Instagram Stories on July 28, 2018.
Notification and Requirements of Potential Winners and Prize: Sponsor will attempt to notify Winner within five (5) business days of the drawing on Instagram via Instagram and via email. If a potential winner does not respond within three (3) business days after the notice is sent, the Winner will forfeit the prize and the Sponsor will select an alternate winner (“Alternative Winner”) in his/her place at random from all remaining entries received. Only one (1) Alternate Winner may be contacted.
Prize: The Winner (or Alternative Winner) may claim a 2-night stay at Montage Los Cabos with breakfast daily, two treatments at Spa Montage, 2 complete looks from Haney’s latest collection and 2 coach flights from anywhere in the U.S. or Mexico to Los Cabos International Airport.Restrictions apply based on hotel availability, and subject to certain blackout dates, holidays and holiday weekends. Date restrictions apply. Prize is non-transferable, non-refundable, non-changeable and no cash alternatives are available.
Date Restrictions: The stay must be taken between 7/1/18 – 12/31/18. Blackout dates when the resort is at high occupancy will apply including holidays, holiday weekends, and seasonal blackout dates.
Warranty: The Prize must be accepted "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. Participants acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms and Conditions are material terms and that they have been taken into account in the decision by Sponsor for the Promotion. No substitution or transfer of the Prize is permitted and no cash equivalent will be awarded, unless Sponsor, in its sole and absolute discretion, determines otherwise. Sponsor reserves the right but does not have the obligation to substitute a prize of equal or greater value should the Prize become unavailable for any reason. Any portion of the prize that is not used is forfeited. Sponsor shall not be liable for any loss or damage arising out of the administration of the competition or out of the winner’s enjoyment of the prize. The winner agrees to the use of their name, social media handles, and other reasonable requests by Sponsor relating to any post-winning publicity. Sponsor reserves the right to alter these Terms and Conditions at any time for any reason. Updated Terms and Conditions will be published on shophaney.com Promotion landing page.
General Conditions: This contest is not to be used in connection with any form of gambling. The Winner is responsible for all provincial and federal income taxes and all other fees and surcharges of whatever kind applicable to his or her prize. Except where legally prohibited, the prize winner grants (and agrees to confirm that grant in writing) permission for Sponsor and its advertising and promotional agencies, and those acting under the authority of each, the right to use the Winner's name and/or likeness in perpetuity for advertising and/or promotional purposes in all media now known or hereafter discovered, worldwide and on the world wide web, without notice, review, approval, or additional compensation. Delivery and use of the Prize is subject to the Winner’s completion of all documentation required by law or otherwise required by Sponsor. In the event the Winner does not confirm these Terms and Conditions in writing within the time period and in the manner specified by Sponsor, an Alternate Winner may be selected. All Participant’s rights, obligations and responsibilities are strictly personal to the Participant and may not be assigned under any circumstances.
If any provision of these rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, shall be enforced to the fullest extent allowed by law as to effectuate the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
7. Conduct and Decisions: By entering this Promotion, entrants agree to be bound by these Terms and Conditions and the decisions of Sponsor. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contest and its decisions regarding same shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor, Sponsor reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as it deems appropriate. All decisions will be made by Sponsor and are final. Sponsor may waive any of these rules in its sole discretion. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEB SITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Indemnity: Each Entrant agrees (and the Winner must confirm in writing) that Sponsor, and any of its members, affiliates, subsidiaries, suppliers, printers, distributors, advertising and promotional agencies, and each of their respective officers, directors, employees, representatives and agents, will have no liability whatsoever for and shall be held harmless by Entrant against any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use or non-use of any Prize or participation in this Promotion, or while traveling to, preparing for or participating in any Prize-related activity. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Prize awarded.
9. Limitation of Liability: Under no circumstances, including negligence, shall Sponsor or its Affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, property damage, personal injury and/or death, resulting from participation in the Promotion or acceptance, use or misuse of any Prize. Any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees. IN NO EVENT SHALL SPONSOR OR SPONSOR’S AFFILIATES OR RELATED ENTITIES BE LIABLE TO ANY PARTICIPANT FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY ELIGIBLE PARTICIPANT IN THE PROMOTION.
10. Binding Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
11. Governing Law and Jurisdiction: This Promotion and the Terms and Conditions are governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. In connection with all proceedings that are not subject to arbitration as set forth in the Binding Arbitration Section above and/or for entering any judgment on an arbitration award, the parties hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms and Conditions and/or this Promotion, including waiver to proceed in a class action.
12. Instagram: This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering this Promotion, Participant agrees to completely release Instagram of all claims, liabilities, or damages arising from the Promotion.