OUTSIDE'S GO MAGAZINE/ROYAL SOLARIS LOS CABOS RESORT "LUXURY ADVENTURE GIVEAWAY" SWEEPSTAKES
(herein "Sweepstakes")
Official Rules
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA ("D.C.") ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID OUTSIDE OF THE FIFTY (50) UNITED STATES AND D.C. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
BY ACCEPTING THE PRIZE IN THE SWEEPSTAKES, THE WINNER AND THE WINNER'S GUEST ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN SAILING, HIKING, RAPPELLING AND ZIPLINING INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN ACTIVITIES RELATED TO THE PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT HE/SHE IS PHYSICALLY ABLE TO UNDERTAKE THE REQUIREMENTS OF THE PRIZE, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES (DEFINED BELOW) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
1. ELIGIBILITY. No purchase necessary to enter. Purchase will not improve chances of winning. This Sweepstakes begins August 12, 2008 at 12:00:01 a.m. Eastern Standard Time ("EST") and ends on October 6, 2008 at 11:59:59 p.m. EST ("Promotion Period") and is open to all legal residents of the 50 United States and D.C. who are at least 18 years old at time of entry, except employees of Mariah Media Inc. ("Sponsor"), Royal Solaris Los Cabos, their respective parent or affiliated companies, subsidiaries, retailers, dealers, sales representatives, distributors, advertising agencies, promotional and prize suppliers and the immediate families and household members of each. Void where prohibited.
2. HOW TO ENTER. ONLINE: To enter the Sweepstakes online: Go to www.outsidego.com or www.ogoexplore.com and follow the onscreen instructions for entering the Sweepstakes. LIMIT ONE (1) ENTRY PER PERSON/HOUSEHOLD/EMAIL ADDRESS. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and his or her Sweepstakes entry) who tampers with the entry process. Sponsor reserves the right to cancel or suspend this Sweepstakes and randomly award the prize from among all eligible, non-suspect, entries received prior to action taken by Sponsor, should fraud, virus, bug or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Sweepstakes. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors failures or delays in computer transmissions or network connections that are human or technical in nature. Proof of entering information on Sponsor's website is not considered proof of delivery or receipt by Sponsor.
3. WEB RESTRICTIONS. Sponsor assumes no responsibility for computer system, hardware, software or program malfunction or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the "authorized account holder" person in whose name the e-mail account is registered, provided that person meets all eligibility criteria set forth in the Eligibility section of these Official Rules. "Authorized Holder" shall mean the natural person assigned to an email address by an Internet Access provider, on-line 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. Please see the website's privacy policy at www.outsidego.com for details of the Sweepstakes policy regarding the personal information collected in connection with this Sweepstakes.
4. PRIZE/ODDS. One (1) potential winner will be drawn at random from among eligible entries received on or about October 20, 2008. The prize includes four (4) nights' all-inclusive accommodations for two (2) peopleÑthe winner and one (1) guest (single room, double occupancy) at the Royal Solaris Los Cabos All-Inclusive Resort and Spa located in Los Cabos, Baja California Sur, Mexico, and winner's choice of one (1) of two (2) outings for winner and guestÑa Cup Regatta aboard a Team New Zealand racing yacht or a Canyon Canopy Adventure-- provided by Cabo Adventures. Resort stay must take place between January 1, 2009 through December 31, 2009, or prize will be forfeited in its entirety. Approximate retail value (ARV): up to $2,400.00. Any difference between the estimated value and the actual value will not be awarded. Prize does not include any necessary air transportation to/from Los Cabos or ground transportation to Resort. All other expenses on the receipt and use of the prize not specifically mentioned herein, including but not limited to tips, gratuities, required transportation (including air and ground), lodging before/after trip, all meals and beverages not included in the resort's all-inclusive plan, and other miscellaneous expenses, are solely the responsibility of winner and guest. Resort accommodations and activities are subject to availability, blackout periods, government restrictions and regulations. Other restrictions may apply. Sponsor is not responsible for cancelled, delayed, suspended or rescheduled activities beyond its control. If a guest is considered a minor in his/her state of residence, minor guest must be accompanied at all times by his/her parent/legal guardian who must be the winner. Guest has no independent right or claim to any prize. Any portion of a prize not accepted by winner or winner's guest will be forfeited. Odds of winning a prize depends on the total number of eligible entries received.
5. POTENTIAL WINNER NOTIFICATION/PRIZE RESTRICTIONS. Potential winner will be notified by overnight delivery service and must sign and return an Affidavit of Eligibility and a Liability/Publicity release (where permitted) within fourteen (14) days from the date on the written prize notification letter or prize will be forfeited. Failure to comply with these requirements for any reason, or return of the prize notification letter as undeliverable or refused, will result in forfeiture of prize and an alternate entrant will be drawn at random from the remaining eligible entries and awarded the prize. If the winner is eighteen (18) years of age or older, but considered a minor in his/her state of residence, prize will be awarded on minor's behalf to the parent/legal guardian of minor, who must execute and return any required documents as noted previously in these rules and accompany the winner on the trip the winner's guest. Guest of winner (or Guest's parent/legal guardian if guest is considered a minor in his/her state of residence) will also be required to sign an Affidavit of Eligibility and Liability and Publicity Release within the time stated above. All entries become property of Sponsor and will not be returned. Except at Sponsor's discretion, no cash redemption, substitutions, or transfer of prize allowed. In case of unavailability of the prize, Sponsor reserves the right to substitute a prize of equal or greater value. Any and all applicable federal, state, provincial and local taxes on prize, if applicable, are the sole responsibility of the winner. By accepting a prize, winner grants Sponsor and Sponsor's agents, the right to use his/her name and likenesses in advertising, publicity and promotion without further compensation or permission, except where prohibited by law.
6. LIMITATION ON LIABILITY. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, Royal Solaris Los Cabos, Cabo Adventures, Promotion Activators, Inc., their respective parents and affiliated companies, officers, directors, employees, and agents ("Promotion Parties") from any and all liability, loss or damage incurred with respect to awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstance will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorney's fees and court costs. By accepting prize, winner and winner's guest agree that Promotion Parties will not be held responsible for any system damage, loss of property, accidents, injuries, or death that may occur in the receipt, awarding, use or possession of prize and/or participation in any prize related activity, including any travel related thereto.
7. Winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
By participating in this Sweepstakes, entrants and winner agree to be bound by these Official Rules, the decisions of Sponsor and any applicable federal, state, or local laws and regulations.
8. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the substantive laws of the State of New Mexico without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the state of New Mexico.
9. WINNERS LIST: To obtain a copy of the winner's name, send a SASE to Outside's Go Magazine/Royal Solaris Los Cabos Winner, 444 N. Michigan Ave., Suite 520, Chicago, IL 60611 by November 25, 2008. Winner's name will be sent when winner has been verified and prize has been awarded.
Sponsor/Administrator: OGO MediaNet LLC, 400 Market St., Santa Fe, New Mexico 87501