VACAYA Mexico Resort Sweepstakes

NOTICE TO SWEEPSTAKES, GIVEAWAYS, CONTESTS and COUPON WEBSITES: THIS SWEEPSTAKES CANNOT BE REPUBLISHED IN ANY FORM ON YOUR SITE. WIN.MYVACAYA.com/mexico/, MYVACAYA.COM, and all of the related pages, contents and code are © 2018 VACAYA, LLC. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited. All rights reserved.

NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The following sweepstakes is intended for viewing, or as applicable, participation in the United States only and shall only be construed and evaluated according to United States law. Do not proceed in this sweepstakes if you are not a legal resident of the United States or if you are a legal resident of the United States and you do not fall within the eligibility requirements set forth in the official rules below.

The entry period for an THE VACAYA MEXICO RESORT sweepstakes (the “Sweepstakes”), sponsored by VACAYA, LLC. (“Sponsor”), begins Nov 5, 2023 at 6:00:01 a.m. Pacific Standard Time (“PT”) and ends at 11:59:59 p.m. PT on September 29, 2024 (the “Sweepstakes Period”). Sponsor’s computer will serve as the official timepiece for the Sweepstakes. All federal, state and local laws and regulations apply.

ELIGIBILITY:

The Sweepstakes is open to individuals who meet the following criteria: (a) are eighteen (18) years of age or older as the date of entry, (b) legal residents of the United States (50 states and District of Columbia, but specifically (excluding the territory of Puerto Rico, Guam, America Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) (“Entrant”).

Neither Sponsor nor employees of Sponsor, VACAYA or Mahekal Beach Resort, and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies and their respective officers, directors, employees, representatives and agencies (collectively, the “Sponsor Affiliates”) are not eligible to participate in the Sweepstakes and/or win a Prize. Additionally, relatives of such employees are not eligible to win. For the purposes of this Sweepstakes, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. In addition, you are not eligible to participate or win a Prize in this Sweepstakes if you have been involved in the development, production (including Prize suppliers), implementation and distribution of this Sweepstakes or any of VACAYA’s websites.

By entering, you agree to receive emails from VACAYA and our sweepstakes partners.

By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.

HOW TO ENTER:

Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.

To Enter:

Go to win.myvacaya.com/mexico/ or such other designated points of entry such as a VACAYA sweepstakes entry booth at a local event. Submit all required information and check the box on the Entry Page acknowledging that Entrant has read and accepts this Sweepstake Official Rules and is at least 18 years of Age.
Alternatively, you may enter by sending the following information (first name, last name, age, email address, phone number, and city. Also confirm you have read and accept the Sweepstakes Official Rules), on a 4×6 postcard to:

c/o VACAYA MEXICO RESORT SWEEPSTAKES

2020 PENNSYLVANIA AVE. NW, SUITE 290, WASHINGTON DC, 20006

Those Entrants who do not fill in all the required fields on the Entry Page will be disqualified. By submitting your information, your name will be automatically entered into a random drawing for the prize (defined below) from among all eligible entries received. All entries must be submitted at the Web Site Entry Page or authorized event booth, during the Sweepstake Period that the Sweepstakes is being offered, according to all applicable directions as listed on the Web Site/Entry Page/Entry Form, or the entry will be void. Those who do not fill in all the required fields will be disqualified. Entries generated by a script, macro or other automated means will be disqualified.

Submission of false or misleading Personal Information will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by the Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.

Sponsor is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions or any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any portion of this Sweepstakes. All entries will become the property of Sponsor and none will be returned. One entry per person/family/household during the Sweepstakes Period. This Sweepstakes is void where prohibited or restricted by law.

WINNER SELECTION PROCESS:

Unless indicated otherwise on the Web Site, at least one (1) winner (“Prizewinner”) at least 18 years of age will be selected on or about the dates listed below. One (1) Prize will be awarded to the Prizewinner and a travel guest (“Travel Guest”) at least 18 years of age for this Sweepstakes. If the winner is 18-20 at time of event, that winner must travel with someone 25 or older. If a potential Sweepstakes winner and/or guest are found ineligible or fail to comply with these Official Rules, that Entrant’s claim to a prize is forfeited and an alternate qualifying and eligible entrant may be selected, at Sponsor’s sole discretion.

On or about Sept 30, 2024, Sponsor will select at random at least one (1) prizewinner. All Prizes legitimately claimed will be awarded.

PRIZES:

One (1) Prizewinner during the Sweepstakes Period will receive an email confirmation (and possibly a phone call) to receive finalize his/her reservation for the resort prize. Prize includes a double-occupancy Room for Prize Winner and travel guest on the specific VACAYA LGBT+ Resort listed below and is non-transferable in any way to another person, sailing date or ship.

Event Name: VACAYA LGBT+ Mexico Resort Vacation

Event Date: Oct 27 – Nov 3, 2024 (or it’s replacement)

Resort: Mahekal Beach Resort (or it’s replacement)

Approximate retail value (“ARV”) of the following resort visit is $3,994.00. Winner is responsible for paying $314 per guest resort fee.

Approximate Retail Value (“ARV”) of Prize will be finalized at time of booking. Any difference between stated and actual value will not be awarded. Prize consists room fare, standard meals, standard non and alcohol drinks (if over 21 years of age). All other expenses not expressly provided for herein including, but not limited to, taxes, fees, other gratuities, airfare, ground transportation, shore excursion fees, alcoholic beverages, onboard expenditures, premium dining, spa treatments, duty-free shopping, soft drinks, gambling, and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of Prizewinner and/or Travel Guest. All travel is capacity controlled and subject to availability. Prizewinner and Travel Guest must travel on same itinerary. Travel Guest must (or Travel Guest’s parent or legal guardian if Travel Guest is an eligible minor in his/her state/province of residence) sign and return a valid VACAYA reservation confirmation and release before any ticketing of travel occurs. Prizewinner and Travel Guest must: (i) have all necessary identification and/or travel documents (including but not limited to a valid passport (and Visa(s) if required for travel; and (ii) comply with all check-in requirements, including, but not limited to, the presentation of a major credit card. No cash redemptions. Any portion of the Prize not accepted by Prizewinner will be forfeited, and Hilton Vallarta Riviera shall not be responsible for any inability of Prizewinner to accept or use any portion of the Prize for any reason. Other limitations and restrictions may apply. Prize is non-transferable, cannot be substituted (except at the sole discretion of Sponsor who reserves the right to substitute a prize of equal or greater value), and may not be sold or combined with any other offer. Prize is subject to the terms and conditions set forth in these Official Rules and any set forth and detailed by the resort. If Prize is cancelled after ticketing of Prize, for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. Additional guests and room category upgrades are subject to availability at the sole discretion of VACAYA and at the sole cost of Prizewinner. No refund or credit shall be provided for stateroom downgrades. Category restrictions and exclusions, and standard cancellation policy apply. Prize may not be valid where restricted by law. Offer is not combinable with any other coupon or promotion. VACAYA is not responsible for lost or misdirected mail. No transfer, cash equivalent, or Prize substitution allowed, except at Sponsor’s sole discretion. Sponsor may require winner(s) to sign an affidavit of eligibility and liability/publicity release. Decisions made by Sponsor are final in all matters, including interpretation of these official rules and awarding of the Prize(s). If legitimately claimed, the Prize(s) will be awarded. In no event will more than the stated number of Prize(s) be awarded. All expenses not specified herein, including, without limitation, all federal, state and local taxes, are each winner’s sole responsibility.

PRIZEWINNER NOTIFICATION PROCESS:

The winner will be notified via telephone and/or email that he/she, subject to verification, is a Prizewinner. If a winner cannot be reached after a reasonable effort has been made during two (2) business days from Sponsor’s first attempt, or if an entrant is found to be ineligible, an alternate winner may be selected. If any Prize or Prize notification is returned as undeliverable, the winner may be disqualified, and an alternate winner may be selected.

ADDITIONAL PRIZE INFORMATION:

There is no substitution for any Prize or any portion thereof. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.

Winner is solely responsible for the reporting and payment of any and all federal, state and local taxes, any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges, as well as any other costs and expenses associated with acceptance and use of the Prize not specified herein as being awarded.

The value of each Prize set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed.

The Prize consists of only those item(s) specifically listed above as part of the Prize.

ODDS OF WINNING:

The odds of winning depend upon the number of eligible entries received.

WINNER LIST:

Winner List: For a winner list, visit info@myvacaya.com. The winner list will be posted after winner confirmation is complete.

PRIVACY:

Except as otherwise stated in these official rules, the use of the information each entrant submits in this Sweepstakes is governed by VACAYA’s Online privacy policy, which can be found at http://www.myvacaya.com/guest-resources/privacy-policy/. By registering to win, you give permission to VACAYA and its affiliates to contact you in the future but you will be provided the opportunity to opt out when you are contacted at that time.

RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

BY ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SPONSOR AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO), OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SPONSOR AFFILIATES .

Entrants also specifically waive the rights provided in California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

NO WARRANTIES:

ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” NEITHER SPONSOR NOR THE SPONSOR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.

All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.

By entering the Sweepstakes, entrants agree to waive any rights to claim ambiguity with the Official Rules.

LIMITATION ON LIABILITY / DISCLAIMER / OTHER REQUIREMENTS:

All entrants, as a condition of entry, agree to be bound by these official rules and the decisions of Sponsor. Except where prohibited by law, by entering a Sweepstakes, each entrant consents to the use of his/her name, voice, picture, likeness and biographical data and/or any other information contained in his/her entry in advertising, promotional and marketing materials by Sponsor and the Sponsor Affiliates without additional compensation, which may require, without limitation, winner to appear in person on a television, radio or Internet broadcast.

In addition, by entering, all entrants, except where prohibited by law, consent to being photographed, filmed, taped and/or interviewed about the Sweepstakes. In connection therewith, all entrants grant full permission and consent to Sponsor and the Sponsor Affiliates to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised and hereby release Sponsor and the Sponsor Affiliates from all liability related thereto.

All Prize claims and winner materials will be verified by Sweepstakes sponsors. If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sponsor Affiliates, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state, or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.

Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify this Sweepstakes and Sponsor can perform the random drawing from among all eligible entries received prior to such cancellation, suspension or modification of the Sweepstakes.

Winner, by acceptance of any Prize, agrees to release Sponsor and the Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership or use of any Prize or while traveling to and from a location to obtain or use any Prize. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

Neither Sponsor nor the Sponsor Affiliates are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by Sponsor or the Sponsor Affiliates, the user, or by any of the equipment or programming associated with or utilized in this Sweepstakes, email or by any human error which may occur in the processing of the entries in this Sweepstakes and which may limit a Entrant’s ability to participate in this Sweepstakes. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these official rules in an attempt to obtain any Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law.

All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Each entrant further agrees to not knowingly: damage or cause interruption of the Sweepstakes; prevent others from using the Sweepstakes; or obtain or modify another user’s non-public account information without their consent. Submission of an entry is acknowledgment of an agreement to be bound by all terms and conditions of these official rules. In the event of a dispute concerning who submitted an email entry, the entry will be declared to have been made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online 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.

CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY SWEEPSTAKES ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor can modify these official rules in any way or at any time, as long as Sponsor gives reasonable notice.

RESOLUTION OF DISPUTES: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.

The Sweepstakes shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions. Entrant and VACAYA shall attempt in good faith to resolve any dispute concerning, relating, or referring to the Sweepstakes, its Prize, VACAYA’s website, any literature or materials concerning the Sweepstakes, and these Rules or the breach, termination, enforcement, interpretation, or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Brooklyn, New York and presided over by one (1) arbiter. The arbitration shall be administered by JAMS or a similar ADR organization pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator’s decision shall be final, and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.

Entrant and VACAYA agree to submit to the personal jurisdiction of the federal and state courts located in Brooklyn, New York with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. Entrant and VACAYA agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in Brooklyn, New York, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, ENTRANT AND VACAYA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.

Entrant further agrees that they will not file any complaints through any Better Business Bureau or similar organization prior to completing the Dispute resolution procedures described above (mandatory binding arbitration, etc.). Should Entrant file a complaint through any Better Business Bureau or similar organization, this action will void any potential claim and/or any compensation reimbursements that may have previously been decided. In addition, Entrant fully understands and agree that the defense of any complaint filed with the Better Business Bureau or similar organization will result in the defense of the contract with all costs being the responsibility of the Entrant as outlined above.

Attorney’s Fees, Costs, and Expenses of Suit

If any act of law or equity, including any Arbitration Proceeding or an action for declaratory relief, is brought to enforce, interpret or construe the provisions of these the Sweepstakes, VACAYA’s website, any literature or materials concerning the Sweepstakes and these Rules, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.

Severability and Survivability

If any provision, or portion of a provision, in these Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Entrant and VACAYA agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

VACAYA.com, MYVACAYA.COM and all of the related pages, contents and code are © 2018 VACAYA, LLC. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited. All rights reserved.

The Sponsor Affiliates and Hilton Vallarta Riviera, are not sponsors of this Sweepstakes and is not responsible for the administration, execution, or conduct of the Sweepstakes.

SPONSOR: VACAYA, LLC

c/o VACAYA RESORT SWEEPSTAKES

2020 PENNSYLVANIA AVE. NW, SUITE 290, WASHINGTON DC, 20006
Email: info@myvacaya.com
Telephone: 718.504.0404