Malibu Splash House Contest
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:
<![if !supportLists]>(a) <![endif]>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:
<![if !supportLists]>· <![endif]>Submission must be the Entrant’s own original creation;
<![if !supportLists]>· <![endif]>May not be, or ever have been, submitted in any competition or contest of any kind;
<![if !supportLists]>· <![endif]>May not be submitted by any individual under 21 years of age;
<![if !supportLists]>· <![endif]>May not use any name, likeness, or any other identifying element, in whole or in part, of any person, living or dead, without permission;
<![if !supportLists]>· <![endif]>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;
<![if !supportLists]>· <![endif]>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);
<![if !supportLists]>· <![endif]>Not include any unauthorized copy, text or plagiarism of any kind;
<![if !supportLists]>· <![endif]>Not be considered harmful to minors in any way;
<![if !supportLists]>· <![endif]>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);
<![if !supportLists]>· <![endif]>Not contain any political or politically themed or motivated messages or statements;
<![if !supportLists]>· <![endif]>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;
<![if !supportLists]>· <![endif]>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:
<![if !supportLists]>· <![endif]>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.
<![if !supportLists]>· <![endif]>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.