Malibu Splash House Contest
Official
Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING CONTEST IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF
COLUMBIA (D.C.), AND IS OPEN ONLY TO QUALIFIED PERSONS
(AS DEFINED IN THE RULES BELOW) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER
AS OF THE DATE OF ENTRY. VOID ELSEWHERE
AND WHEREVER PROHIBITED. BY
PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES
AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR.
DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT AGREE TO THESE OFFICIAL
RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Contest
Name: Malibu Splash House Contest (the “Contest”).
Contest Dates: The contest registration period begins
at 12:00:00 am Eastern Time (ET) on 1/1/2023
and ends at 11:59:59 pm (ET) on 4/30/2023
(the “Registration Period”). Contest is subject to all applicable federal,
state and local laws and regulations. Void outside the (50) U.S. and D.C., and
wherever prohibited or restricted by law.
Eligibility
– Who May Enter: Contest is open
only to legal residents of, and who are located within, the (50) U.S. or D.C.,
who are age twenty-one (21) or older as of date of entry, and have a valid U.S.
driver’s license or government-issued photo ID, except the following persons
who are not eligible to enter, participate, or win:
(a) Employees, officers, and directors of Malibu
Splash (“Sponsor”), Million Dollar
Media (the “Contest Administrator”), United States Beverage, and
each of the foregoing’s respective franchisees, owners, employees, contractors,
parents, affiliated companies, subsidiaries, distributors, retailers, printers,
advertising and promotion agencies, any and all other companies associated with
the design or execution of this Contest, or any employees, officers, directors,
members, shareholders or agents of any alcohol-beverage retailers,
distributors, wholesalers or manufacturers (collectively, “Released Parties”),
and the members of the immediate families or households, whether or not
related, of any of the above. “Immediate family members” includes, for purposes
of this Contest, parents (including in-laws), grandparents, siblings (including
step-siblings), children (including step-children),
grandchildren (including step grandchildren) and each of their respective
spouses, regardless of where they reside.
How to Enter –
Online Registration: To enter, scan the QR Code on
the applicable point-of-sale material using your mobile device’s camera or
directly visit www.MalibuSplashHouse.com during the “Registration Period.” Each entrant must fully complete the online
registration page with all required information including his/her name, valid
email address, phone number (including area code), date of birth, state of
residence, zip code and their video submission to answer the question “Why do you deserve a trip to the Malibu Splash Beach House
to be a Malibu Splash ambassador for a week?”. After having read and agreed to these
Official Rules, and agreeing to receive offers and
updates via email from Sponsor, click the submit button to submit your online
entry.
All entries
must be fully complete for all required information and must be received by
11:59pm ET on 4/30/2023 to be eligible. Entrants may only
submit a video submission. Maximum of
one entry per person and per valid email address during the entire Registration
Period.
Any incomplete or ineligible entries, or any entry submitted with
an invalid or false email address, phone number or other incorrect information will
be disqualified. Released Parties are not responsible for
lost, late, misdirected, illegible, incomplete, invalid, unintelligible,
damaged, or for entries submitted in a manner that is not expressly allowed
under these rules, or for any entry not submitted or
received due to any technical error or failure, unauthorized human
intervention, inaccurate capture or mis-entry of any required information, or
the failure to capture any such information for any reason including
programming or technical errors, or effects of hackers or failure of any
electronic equipment, computer or cellular transmissions and/or network
connections; all of which will be disqualified.
Entrants
may opt out of Email notifications at any time,
without affecting their entry, by following provided opt-out instructions. By participating and
submitting an entry, contestant agrees that Sponsor and participating parties
are authorized to contact entrant via email, mail, phone
or any other form of media to make contestant aware of information pertinent to
the Promotion, and to distribute information regarding the Sponsor(s) featured
products, special events or promotional offers, or coupons. Contestants may
opt-out of any further email communication at any time by simply replying
REMOVE to any email message, or following the provided
opt-out instructions.
Each
participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s email address or name, or providing any
false email addresses or information, will be disqualified and ineligible to
claim any prize. Any attempt by any
participant to obtain more than the stated number of entries allowed by using
same, multiple/different emails, identities, or any other methods void that
participant's entries and that participant may be
disqualified. No mechanically reproduced
or automated entries permitted. Use of
any automated system to participate is prohibited and will result in
disqualification and all such entries will be deemed void.
In the event
of a dispute as to any entry, registration or submission, the authorized
account holder of the email address used to register, and
associated with the entry will be deemed to be the registrant and s/he must be
eligible according to these Official Rules. The “authorized account holder” is
the natural person assigned an email address by an Internet access provider,
online service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address. Proof of being the authorized account holder
may be required.
By
registering to enter the Contest, you affirm that you have read and accepted
these Official Contest Rules. All entries received become the property of the Sponsor and
will not be returned. All entrants agree to be bound by and abide
by the official rules of the Contest.
Video Submission Requirements
(Why do you deserve a trip to the Malibu Splash Beach House to be a Malibu
Splash ambassador for a week?) Sponsor reserves the right in its sole
discretion, to disqualify any submission for any reason that it considers to
not be appropriate for the Contest. Submission
restrictions include, but are not limited to, the following requirements:
·
Submission
must be the Entrant’s own original creation;
·
May
not be, or ever have been, submitted in any competition or contest of any kind;
·
May
not be submitted by any individual under 21 years of age;
·
May
not use any name, likeness, or any other identifying element, in whole or in
part, of any person, living or dead, without permission;
·
May
not be subject to any third-party agreement or require payment or incurrence of
any sums to obtain further permissions of any person or entity as a result of
its use or exploitation of the idea or rights therein or portions, or modified
versions or derivative works thereof;
·
Except
as relates to the Sponsor or approved partners, not include trademarks or
copyrighted material not owned by Entrant, or material that is used without
permission (including but not limited to company names, works of art, or information
published on any media) or that otherwise infringes or violates the rights of
any third party (including but not limited to, copyrights, trademarks, patents,
trade secrets, logos, contract and licensing rights, rights of publicity or
privacy, moral rights (i.e., “droit morale”), or any other intellectual
property rights);
·
Not
include any unauthorized copy, text or plagiarism of any kind;
·
Not
be considered harmful to minors in any way;
·
Not
contain profanity, inappropriate, indecent, sexually explicit, pornographic, or
obscene content or language (which shall be determined by Sponsor, in its sole
and absolute discretion);
·
Not
contain any political or politically themed or motivated messages or statements;
·
Not
defame, slander, libel, misrepresent, or contain disparaging remarks or any
other content that could adversely affect the name, reputation, or goodwill of
Sponsor or any other individuals and/or entities affiliated or associated with
Sponsor, the Contest, or any prizes, the determination of which shall remain in
the sole discretion of Sponsor;
·
Not
describe, depict or include content that may be considered unlawful, harmful,
threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous,
invasive of another’s privacy, hateful, or racially, religiously, ethnically or
otherwise objectionable in any manner as solely determined by Sponsor;
Representation
and Release of Rights to Video Submission: By submitting an
entry, each contestant represents that s/he has sole and exclusive ownership
and proprietary rights of any content submitted; has full permission and rights
to publish and release the content; and agrees that the content becomes the
sole and exclusive property of Sponsor, and Sponsor may publish, display,
promote, or utilize content in any manner of its choosing in relation to the
promotion or advertising of the Contest or Sponsor. Entry into the Contest and upload of any
content, constitutes permission for the Sponsor and its designees to use that
contestant’s content submission, photo, name, city and
state of residence and/or likeness for
purposes of advertising and trade in any and all media now or hereafter known
worldwide in perpetuity without limitation or further compensation,
notification or permission, unless prohibited by law. Submissions will not be acknowledged or returned
by Sponsor.
Sponsor reserves the right, in its sole
discretion, to disqualify any individual (and his or her entry) who tampers or
attempts to tamper with or abuse the entry process or the Contest website in
any way or who is otherwise in violation of these Official Rules, as determined
by Sponsor or the Contest judges appointed by Sponsor in their sole discretion.
Any questions regarding the number of
entries submitted, eligible nominee or the authorized account holder who
submitted the nomination shall be determined by Sponsor in its sole discretion.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON
TO THE FULLEST EXTENT PERMITTED BY LAW.
Grand Prize Winner
Determination & Notification (2 winners)
Judging
of Entries: Following the close of the Registration
Period, on or about 5/4/2023, an independent panel of judges as solely
determined and appointed by Sponsor shall review, select
and designate a maximum of five (5) potential grand prize winners (see prize
description below) from among all eligible entries received. NOTE: no more
than one (1) potential winner will be selected from any state or D.C.
Entries shall be judged by a
Sponsor-appointed independent panel pursuant to the following guidelines, requirements and general criteria in the determination of a
winning nominee submission:
Winner Notification: Each potential winner deemed a grand
prize winner will be notified initially by phone and/or email beginning on or
about 5/12/2023. If the Administrator is unsuccessful in its
attempt to reach and speak directly with a selected potential grand prize winner
by phone within 2-days of the initial notification attempt to the phone number
or email address associated with that contestant’s entry, then that contestant
may be disqualified and an alternate potential winner may be randomly selected
from among the remaining eligible entries received and notified as per the
procedures outlined above (time
permitting). Note: phone messages will not be left during the winner notification
process.
During
winner notification, the selected potential winner must confirm their
eligibility, and indicate their willingness and ability to travel during the
designated travel dates and accept the prize.
The potential winner will then receive official notification via email
delivery. If the selected winner does
not meet the eligibility requirements, or is unable or
unwilling to travel during the designated travel dates, accept the prize or
elects to decline the prize, s/he will be disqualified and, at Sponsor’s
discretion and time permitting, an alternate winner will be randomly selected
from among all remaining eligible entries and notified as per the procedures
outlined above (time permitting). Any disqualified contestant will not receive
any alternate prize substitution or compensation. Decisions
of the Administrator in the selection and determination of the winners and all
matters relating to this Contest are final and binding.
All
of the following will apply to the grand prize winner: 1) Winner will be
required to complete and return, within 3-days of date of receipt, a prize
acceptance form, including an affidavit of eligibility and a
liability/publicity release signed by both the winner and their travel guests, each
age 21 or older (publicity release where permitted) and a W-9 form; 2) Winner may be required to present a copy
of a valid social security card and a valid driver’s license as a condition of
participating or receiving any prize; and
3) Winner will be issued a 1099 form reflecting the value of the grand prize
award and is responsible for paying all applicable taxes (including, but not
limited to all local, state and federal taxes) on all prizes awarded. Failure to collect or properly claim any
prize in accordance with these rules will result in forfeiture of the
prize. If forfeited for any reason,
finalist will not receive any other prize substitution or compensation, and the
prize will remain the property of Sponsor and will not be awarded, except as
provided herein.
Grand Prize Award
(Maximum 2 winners): The winner shall be awarded a Malibu Splash
House trip package which includes the following:
·
One
(1) $4,000.00 gift card from the Sponsor-designated gift card provider toward a
beach house rental (AirBnB or VRBO). Gift card subject to the terms and conditions
of the issuing gift card provider policy.
·
One
(1) $900.00 gift card from the Sponsor-designated gift card provider toward airfare
and any other travel incidentals. Gift
card subject to the terms and conditions of the issuing gift card provider
policy.
Total
approximate retail value (“ARV”) of all grand prize awards: $9,800.00.
General
Prize Conditions: No
alcoholic beverage is part of any prize award.
Prize winner must accept delivery of prize in the method as solely
determined and designated by Sponsor. All
other costs and expenses related to prize acceptance, delivery, redemption or
use not specified herein as being provided are the sole responsibility of
winner. All income, federal, state
and local taxes are the winner’s sole responsibility. All prize awards are non-transferable
and no cash redemption or prize substitution allowed, except at Sponsor’s sole
discretion or as provided herein. Sponsor
reserves the right to substitute a prize with one of comparable or greater
value, at its sole discretion. All
prizes are awarded as is, without any warranty, express or implied, by
Sponsor. Failure to collect or properly
claim prize in accordance with these rules will result in forfeiture of the
prize. If forfeited for any reason,
participant will not receive any other prize substitution or compensation, and the prize will remain the property
of Sponsor and will not be awarded, except as provided herein. All properly
claimed prizes will be awarded. Any
unclaimed prizes will not be awarded.
Additional Rules &
Restrictions: By participating, entrants agree to
abide by and be bound by the Official Rules and the decisions of the Sponsor
and Administrator, which shall be final in all matters relating to this Contest. In the event an entrant wins a prize, and is later found to be in violation of these rules
he/she will be required to forfeit the prize or to reimburse Sponsor for the
stated value of the prize if such violation is discovered after winner has used
the prize. Participation in Contest constitutes permission for the Sponsor and
its designees to use entrants’ names, cities and
states of residence and/or likenesses for purposes of advertising and trade in
any and all media now or hereafter known worldwide on perpetuity without
limitation or further compensation, notification or permission, unless
prohibited by law. False, fraudulent or
deceptive entries or acts shall render entrants
ineligible for any prize.
By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including but not limited to death), damages, losses
or expenses arising out of or relating to entrant’s participation in this Contest,
or the acceptance, possession or use/misuse of any prize, or participation in
prize-related activities (including but not limited to travel or activity
related thereto), and to assume all liability therefor.
Participants
are restricted to use of ordinary and typical computer equipment, mobile phone equipment,
Internet access and cellular networks. Sponsor disclaims all liability for the
inability of a participant to complete or continue an entry due to equipment
malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s
control, or otherwise. The Sponsor disclaims any liability for entries not
received due to technical difficulties or transmission errors. The Sponsor
disclaims all liability for any delays, mis-delivery, loss, or failure in the
delivery of any item sent by mail, courier, express, electronic transmission,
or other delivery method. Released
Parties are not responsible for mechanical, technical, electronic,
communications, telephone, computer, hardware or software errors, malfunctions
or failures of any kind, including: failed, incomplete, garbled or delayed
transmission of online entries, traffic congestion on telephone lines, the
Internet or at any website or lost or unavailable network connections which may
limit an online entrant's ability to participate in the Contest, and any injury
or damage to entrant’s or any other person’s computer or mobile phone related
to or resulting from participating in or downloading any information necessary
to participate in the Contest. Released
Parties are not responsible for any other errors of any kind, whether computer,
technical, typographical, printing, human or otherwise, relating to or in
connection with the Contest, including, without limitations, errors which may
occur in connection with the printing or advertising of this Contest,
administration or execution of the Contest, the cancellation of the game, the
processing of entries or in the announcement of the prizes or prize
winners. Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering with the
entry process or the operation of the Contest website.
Sponsor
reserves the right to cancel, modify, reschedule or terminate the Contest for
any reason including, but not limited to acts of God, pandemics, force majeure,
government regulatory action or ruling,
fraud, misconduct, or if any technical failures destroy or threaten the
integrity of the Contest, in the opinion of the Sponsor/Administrator, or if a
computer virus, bug, or other technical problem corrupts the administration,
security, or proper conduct of the Contest as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Contest, Sponsor reserves the right to determine prize
winners from among all eligible, non-suspect entries received as of the
time/date of such termination.
In addition, by submitting any Entry, each Entrant transfers
any and all of his/her right, title and interest in and to such Entry and content
submission,
including but not limited to any and all copyrights, trademark rights,
"moral rights" and any and all other proprietary rights that may
exist, throughout the world, to Sponsor and expressly waives any rights
s/he may have in such submission and/or content. Each Entrant agrees Sponsor is the exclusive owner
of all rights in and to such Entry, and/or content, and will have the worldwide, perpetual right
to copy, display, reproduce, exhibit, edit, modify, assign, license, register
for copyright or trademark, distribute, sell or otherwise use and exploit the entry,
content submission, and all
elements and/or derivative works thereof, in whole or in part, alone or with
other materials, in any media now known or hereafter created or devised, for
any reason whatsoever.
IN CASE OF DISPUTES: By
participating, each entrant agrees that (1) any and all disputes, claims, and
causes of action arising out of or in connection with this Promotion, or any
prizes awarded, shall be resolved individually, without resort to any form of
class action, and any judicial proceeding shall take place in a federal or
state court within the State of New Jersey; (2) any and all claims, judgments,
and awards shall be limited to actual out-of-pocket costs incurred, including
costs associated with entering this Promotion, and in no event will entrant be
entitled to received attorneys' fees or other legal costs; and (3) under no
circumstances will entrant be permitted to obtain awards for, and entrant
hereby waives all rights to claim, punitive, incidental, and consequential
damages, and any other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise increased. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of
entrant and Sponsor in connection with this Promotion, shall be governed by,
and construed in accordance with the laws of the State of New Jersey, without
giving effect to any choice of law or conflict of law rules or provisions
(whether of the State of New Jersey or any other jurisdiction), that would
cause the application of the laws of any jurisdiction other than the State of
New Jersey.
Odds: Odds
of being selected as a grand prize winner are dependent upon the total number
of eligible entries received, the skill of the entrant in the creation of their
video submission, and the decisions of judges.
Official Rules &
Winner List: For a copy of these Official Rules, or the
name of the prize winner, send a self-addressed stamped envelope to be received
by 7/15/2023 to: Malibu Splash House Contest, c/o Million Dollar Media, P.O.
Box 278, Woodbridge, NJ 07095. PLEASE
SPECIFY which you are requesting, official rules or winner list.
Sponsor: This
Contest is sponsored by Malibu Splash.
Contest Administrator:
The Contest is administered by Million Dollar Media, P.O. Box 278, Woodbridge,
NJ 07095.