Kempa Park Complimentary Stay Giveaway

OFFICIAL RULEs

Kempa Park Complimentary Stay Giveaway

OFFICIAL RULES


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. The “Kempa Park Complimentary Stay Giveaway” (the “Sweepstakes”) is intended for participation in the fifty (50) United States and the District of Columbia only and shall be construed and evaluated according to the laws of the United States. Please do not enter if you are not a legal resident of, and not located in, the fifty (50) United States or the District of Columbia at time of entry. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS NOT LOCATED WITHIN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.



1.    SPONSOR. Kempa Reservations, LLC located at 1000 Brickell Avenue, Suite 715-5178, Miami, FL 33131 (the “Sponsor”)


2.    SWEEPSTAKES PERIOD. The Sweepstakes starts on June 23, 2023 at 12:00:00 AM Eastern Time (“ET”) and ends on July 23, 2023 at 11:59:59 PM ET (the “Sweepstakes Period”). Entries received outside of the Sweepstakes Period, and not in accordance herewith, will be disqualified. The date and time stamp of the Website (defined below) will be the official time keeping device for this Sweepstakes.


3.    ELIGIBILITY. The Sweepstakes is open to permanent legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-five (25) years of age or older at the time of entry (each, an “Entrant”). The Entrant who is selected as a potential grand prize winner (“Grand Prize Winner”) must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the grand prize (“Grand Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. In order to receive the Grand Prize, Entrant must be willing and able to sign a Kempa Park vacation rental agreement. Entrant must not be an employee or contractor of the Sponsor, their parent companies, divisions, affiliates, subsidiaries, distributors, advertising and promotion agencies, or other companies engaged in the development, production, execution or distribution of this Sweepstakes, including but not limited to National Sweepstakes Company, LLC (the “Independent Administrator”) (collectively, the “Sweepstakes Entities”) or their respective subsidiaries, affiliates or advertising/promotion agencies or the immediate family of such persons (spouse, parents, siblings, and children, regardless of where they live, or persons living in the same household whether related or not). The Sweepstakes is subject to all federal, state and/or local laws and regulations and is void in Puerto Rico the U.S. Virgin Islands and other U.S. territories and possessions located outside the continental United States and the District of Columbia, and wherever prohibited or restricted by law. 


4.    AGREEMENT TO OFFICIAL RULES:  Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor and Independent Administrator, which are final and binding. Eligibility to win the Grand Prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner. Participation in the Sweepstakes will automaticallyenroll you in the FREE “Keys to Kempa Club”, which will be the source of communications you will receiveregarding the Sweepstakes. You may terminate your free membership at any time after the Sweepstakes has ended/winner confirmed. During the term of the Sweepstakes, terminating your free membership may keep you from receiving emails regarding the Sweepstakes and will make you ineligible to receive the Grand Prize. Keys to Kempa Members receive promotional offers and news updates regarding Kempa properties.


5.    HOW TO ENTER. To enter this Sweepstakes, visit https://www.kempacollection.com/kempa-park-complimentary-stay-contest (the Website) during the Sweepstakes Period. Limit of ninety-seven (97) entries per Entrant, equivalent to one (1) initial entry and ninety-six (96) bonus entries.


•       Initial Entry: To earn one (1) initial entry into the Sweepstakes, complete the entry form at the Website, by submitting your first name, last name and email address.  Then after checking the box indicating you agree to these Official Rules and to the receipt of email communications from the Kempa Club (you may opt out at any time after the Sweepstakes has ended), press the “Enter to Win” button. Limit of one (1) initial entry per Entrant.

•       Bonus Entries:  To earn bonus entries into the Sweepstakes, visit the Website during the Sweepstakes Period and;

•        Friend Referral: Select the “Tell Your Friends” button to receive three (3) entries per referral.  Limit of thirty (30) friend referrals, for a maximum of ninety (90) bonus entries via this method.

•        Visit Sponsor on Instagram:  Select the “Visit us on Instagram” button to receive one (1) bonus entry.  Limit of one (1) bonus entry via this method.


Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes.  In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the owner of the associated email address submitted at time of entry (“Authorized Account Holder”). Entrants may be required to provide proof of being the Authorized Account Holder. No mechanically or programmatically reproduced entries are permitted. Sponsor will not verify receipt of entries for Entrants. Sponsor is not responsible for lost, late, illegible, incomplete, delayed, misdirected entries. 


By entering, each Entrant; (a) represents that he/she is at least twenty-five (25) years of age and otherwise eligible to participate in the Sweepstakes; and (b) fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects.  Any person who tampers with the entry process in any way will be disqualified.




6.    WINNING/NOTIFICATION. There will be one (1) Grand Prize awarded in this Sweepstakes. On or about July 21, 2023 one (1) Grand Prize Winner will be selected at random from among all eligible entries during the Sweepstakes Period. Odds of winning the Grand Prize is dependent on the total number of eligible entries received during the Sweepstakes Period. The drawing will be conducted by the Sponsor whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. 


The Grand Prize Winner will be notified by email and must complete the PRIZE CLAIMS process listed below.Sponsor will only make two (2) attempts to reach the potential Grand Prize Winner via email. In the event the Sponsor cannot reach the potential Grand Prize Winner after two (2) attempts have been made, the original potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner (selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period) will be notified until one (1) Grand Prize Winner is confirmed.


Acceptance of the Grand Prize constitutes Grand Prize Winner’s permission for Sponsor and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements of address (city and state or province/territory) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.


7.    PRIZE CLAIMS:  Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within seven (7) days or less from receipt of notification from the Sponsor by email. If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the respective prize and an alternate will be notified as outlined in the WINNING/NOTIFICATION section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced.  Potential Grand Prize Winner must report income to the IRS.  In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the respective prize, such potential Grand Prize Winner will be disqualified, and an Alternate will be notified as outlined above.  Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor/Independent Administrator, in their sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the respective prize and an alternate will be notified as outlined in the WINNING / NOTIFICATION section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced.  In the event a potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.


8.    PRIZE:  There will be one (1) Grand Prize awarded in this Sweepstakes.  The Grand Prize received will be based upon the total number of entries received in the Sweepstakes from all Entrants as further described below. The maximum approximate retail value (“ARV”) of the Grand Prize is $9,850. The Grand Prize tiers are as follows:


·      Tier 1 (1-15,000 entries): If up to 15,000 entries are received, the Grand Prize Winner will receive one (1) three (3)-night stay at Kempa Park, Florida (ARV $3,450)

·      Tier 2 (15,001-30,000 entries): If between 15,001 and 30,000 entries are received, the Grand Prize Winner will receive one (1) three (3)-night stay at Kempa Park, Florida, and one (1) $750 Grocery and Beverage stock in-room (ARV $4,200)

·      Tier 3 (30,001-50,000 entries): If between 30,001 and 50,000 entries are received, the Grand Prize Winner will receive one (1) four (4)-night stay at Kempa Park, Florida, and one (1) $750 Grocery and Beverage stock in-room (ARV $5,350)

·      Tier 4 (50,001-70,000 entries): If between 50, 001 and 70,000 entries are received, the Grand Prize Winner will receive one (1) four (4)-night stay at Kempa Park, Florida, one (1) $750 Grocery and Beverage stock in-room and one (1) $2,000 VISA Gift Card to be used at Disney Magic Kingdom, or at Grand Prize Winner’s sole choosing (ARV $7,350)

·      Tier 5 (70,001 or more entries): If between 70, 001 or more entries are received, the Grand Prize Winner will receive one (1) four (4)-night stay at Kempa Park, Florida, one (1) $750 Grocery and Beverage stock in-room, one (1) $2,000 VISA Gift Card to be used at Disney Magic Kingdom, or at Grand Prize Winner’s sole choosing and one (1) hosted TV Game Night in-room (ARV $9,850)


General Prize Details and Restrictions: No more than one (1) Grand Prize will be awarded. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Grand Prize Winner. The Grand Prize awarded consists only of the items listed herein. Sponsor makes no representations or warranties with respect to the potential benefits or outcomes to Grand Prize Winner with respect to the Grand Prize. GRAND PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE ELEMENT, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

           

Grand Prize Winner may not assign or transfer Grand Prize or portion thereof to another person. No prize substitution, exchanges, redemptions, transfers or changes are allowed, except at the sole and absolute discretion of Sponsor. Non-cash prizes cannot be substituted or redeemed for cash. All prize tiers are subject to availability and subject to change. If a prize tier or any portion of a prize tier cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded; provided, however, that if the Grand Prize is awarded but unclaimed/forfeited by Grand Prize Winner, such Grand Prize may not be re-awarded, in Sponsor’s sole and absolute discretion. 


All taxes, fees and surcharges related to a prize, if any, are the sole responsibility of each applicable prize winner, and may be subject to applicable withholding. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize tier, including travel to and from the Kempa property, which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Grand Prize are solely the responsibility of the Grand Prize Winner.

 

Accommodations are based on one room, double occupancy and include room and tax only. Grand Prize Winner and guest (“Travel Companion”) must comply with the terms and conditions set forth by the event coordinators, including, but not limited to the requirement for deposit to cover incidentals which may be required by the property. If Grand Prize Winner elects to partake in any or all portions of his/her Grand Prize with no Travel Companion, the Grand Prize will be awarded to Grand Prize Winner based upon the total number of travelers and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Prize must be taken before December 31, 2024. Reservations are subject to availability. Grand Prize consists only of the elements expressly set forth herein; no other elements or expenses (including, without limitation, insurance, additional meals and snacks, unspecified ground or air transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, other personal expenses, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and Travel Companion are responsible for obtaining all required travel documents, including but not limited to photo identification, passports and any other required travel documents, which shall be determined solely by the Grand Prize Winner. Reservations made are subject to availability and may be restricted during major holiday periods or blackout periods. A personal credit card imprint or cash deposit may be required by the property for incidental charges and personal expenses. Grand Prize Winner will be solely responsible for supplying such personal credit card and or cash deposit and for all personal expenses / incidental charges not included as part of the Grand Prize.


TRAVEL & COVID-19 (if applicable at time of travel): Grand Prize Winner and Travel Companion each understand and agree that; (a) Trip activities may be inherently dangerous due to the nature of the activities provided; (b) Trip gatherings may be inherently dangerous due to the COVID-19/Coronavirus epidemic/pandemic which is a highly contagious and communicable disease; and, to the fullest extent permitted by law, (c) each assumes any and all risks of illness, injury or even death which may arise directly or indirectly, in whole or in part, from acceptance of the prize. While all activity venues, transportation companies will closely follow all cleaning and safety protocols in accordance with all applicable laws and regulations so as to prevent the spread of COVID-19/Coronavirus, Grand Prize Winner and Travel Companion understand that it is possible that he/she may still contract COVID-19/Coronavirus and/or infect others even if they are asymptomatic and/or vaccinated. Grand Prize Winner and Travel Companion further understand and agree that, in response to economic and/or social conditions engendered by COVID-19/Coronavirus (regardless if mandated by a governmental authority), Sponsor may be compelled to modify, postpone or even cancel outright any events, city stops, activities, methods of transport or any other element of the trip on the originally approved dates at the originally approved locations with little (if any) advanced notice. In such case, Sponsor may allow Grand Prize Winner to re-schedule and/or cancel; however, Sponsor reserves the right in its sole discretion to substitute an entirely different prize of comparable value and such substitute prize shall constitute the entire liability of Sponsor.  Grand Prize Winner and Travel Companion also understand and agree that Sponsor has not obtained any insurance for them relative to acceptance and use of the Grand Prize. In all cases, Grand Prize Winner and Travel Companion, to the fullest extent permitted by law, indemnify, release and agree to hold harmless Sponsor, Independent Administrator and all other Sweepstakes Entities from any and all liability which may arise directly or indirectly, in whole or in part, from acceptance and use of the Grand Prize, and any activities included herein, during the COVID-19 Coronavirus epidemic/pandemic




GENERAL CONDITIONS:  Sponsor reserves the right in its sole discretion to disqualify any individual or entity it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules.  Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The failure of Sponsor/Independent Administrator to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor/Independent Administrator, or other “force majeure” event will not be considered a breach of these Official Rules.  In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Sweepstakes and, at Sponsor’s sole discretion, award the prizes to Entrants from among the eligible entries received up to the time of the impairment based upon the “Winning/Notification” section of these Official Rules.  Sponsor’s/Independent Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  The Released Parties (defined below) are not responsible for lost, late, misdirected, undeliverable or incomplete entries, whether due to systemerrors or failures, faulty transmissions or other telecommunication malfunctions, entries  received resulting from anyhardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computeror telephone transmissions, typographical or system errors and failures, technical malfunctions in connection with the Sweepstakes, including, without limitation, with the administration of the Sweepstakes, the processing of entries, the random selection of winners, the announcement of the winners, or in any other Sweepstakes-related materials. 


In the event of a dispute regarding who entered an entry, the entry will be deemed submitted by the Authorized AccountHolder (defined below) of the e-mail address or social media account provided at the time of entry. “Authorized AccountHolder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online serviceprovider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses forthe domain associated with the submitted e-mail address or the natural person who is assigned to the social media account. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address or social media account associated with the entry.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. THE PRECEDING EXPRESSLY INCLUDES BUT IS NOT LIMITED TO ANY ATTEMPT TO TAMPER WITH OR MANIPULATE THE PUBLIC VOTING PHASE OF THE SWEEPSTAKES.


RELEASE AND LIMITATIONS OF LIABILITY:  By participating in the Sweepstakes, Entrant agrees to release and hold harmless Sponsor, Sweepstakes Entities, Instagram, Twitter, Facebook, their officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize (as applicable), including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries or votes; (e) any incorrect or inaccurate information; (f) inability to access Sponsor’s internet web site; (g) entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any website; and/or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s  participation in the Sweepstakes or Entrant’s receipt of any prize or Sponsor’s use of entered entries and attributes, including, without limitation, claims for invasion of privacy, right of publicity, defamation, libel, or further consideration.  Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney’s fees. 


NO LIABILITY:  By participating, Entrants agree to release, discharge, indemnify, and hold harmless Sponsor, the Sweepstakes Entities, Facebook, Instagram, Twitter and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the winner, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.


GOVERNING LAW AND VENUE: Any dispute arising under these Rules or this Sweepstakes will be arbitrated by, and under the rules of, J.A.M.S. in binding arbitration in Suffolk County, New York, and before a mutually selected arbitrator experienced in the United States television and internet entertainment industry. Each of Entrant and Sponsor also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Sponsor. The only exceptions to this are that (a) each of you and Sponsor retains the right to sue in small claims court; and (b) each of you and Sponsor may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.


These Official Rules will be deemed negotiated and entered into and will be construed in accordance with the laws of the State of New York and the United States applicable to agreements which are negotiated, signed and performed within such state. All actions, proceedings or litigation arising out of these Rules will be instituted and prosecuted solely within the State of New York. You hereby consent to the jurisdiction of the state courts of New York and the federal courts located in the County of Suffolk as to any matter arising out of or relating to these Official Rules, and agree that Suffolk County, New York is a convenient forum.


Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Sponsor agree to submit to the exclusive jurisdiction of the courts located in Suffolk County, New York, to resolve any Dispute arising out of these Official Rules or services or products provided by Sponsor. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE RULES.


YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE OFFICIAL RULES, THE SITE OR SPONSOR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.


PRIVACY POLICY: Any non-public personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.kempacollection.com/privacy-policy-notice. 


WINNER’S LIST REQUEST: To receive the name of the Grand Prize Winner, send a self-addressed, stamped (business size) envelope to: “Kempa Park Complimentary Stay Giveaway” Winner’s List Request, PO Box 458, Newark, NY  14513.  Requests must be received by August 31, 2023.


Kempa Park Complimentary Stay Giveaway

OFFICIAL RULES


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. The “Kempa Park Complimentary Stay Giveaway” (the “Sweepstakes”) is intended for participation in the fifty (50) United States and the District of Columbia only and shall be construed and evaluated according to the laws of the United States. Please do not enter if you are not a legal resident of, and not located in, the fifty (50) United States or the District of Columbia at time of entry. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS NOT LOCATED WITHIN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.



1.    SPONSOR. Kempa Reservations, LLC located at 1000 Brickell Avenue, Suite 715-5178, Miami, FL 33131 (the “Sponsor”)


2.    SWEEPSTAKES PERIOD. The Sweepstakes starts on June 23, 2023 at 12:00:00 AM Eastern Time (“ET”) and ends on July 23, 2023 at 11:59:59 PM ET (the “Sweepstakes Period”). Entries received outside of the Sweepstakes Period, and not in accordance herewith, will be disqualified. The date and time stamp of the Website (defined below) will be the official time keeping device for this Sweepstakes.


3.    ELIGIBILITY. The Sweepstakes is open to permanent legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-five (25) years of age or older at the time of entry (each, an “Entrant”). The Entrant who is selected as a potential grand prize winner (“Grand Prize Winner”) must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the grand prize (“Grand Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. In order to receive the Grand Prize, Entrant must be willing and able to sign a Kempa Park vacation rental agreement. Entrant must not be an employee or contractor of the Sponsor, their parent companies, divisions, affiliates, subsidiaries, distributors, advertising and promotion agencies, or other companies engaged in the development, production, execution or distribution of this Sweepstakes, including but not limited to National Sweepstakes Company, LLC (the “Independent Administrator”) (collectively, the “Sweepstakes Entities”) or their respective subsidiaries, affiliates or advertising/promotion agencies or the immediate family of such persons (spouse, parents, siblings, and children, regardless of where they live, or persons living in the same household whether related or not). The Sweepstakes is subject to all federal, state and/or local laws and regulations and is void in Puerto Rico the U.S. Virgin Islands and other U.S. territories and possessions located outside the continental United States and the District of Columbia, and wherever prohibited or restricted by law. 


4.    AGREEMENT TO OFFICIAL RULES:  Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor and Independent Administrator, which are final and binding. Eligibility to win the Grand Prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner. Participation in the Sweepstakes will automaticallyenroll you in the FREE “Keys to Kempa Club”, which will be the source of communications you will receiveregarding the Sweepstakes. You may terminate your free membership at any time after the Sweepstakes has ended/winner confirmed. During the term of the Sweepstakes, terminating your free membership may keep you from receiving emails regarding the Sweepstakes and will make you ineligible to receive the Grand Prize. Keys to Kempa Members receive promotional offers and news updates regarding Kempa properties.


5.    HOW TO ENTER. To enter this Sweepstakes, visit https://www.kempacollection.com/kempa-park-complimentary-stay-contest (the Website) during the Sweepstakes Period. Limit of ninety-seven (97) entries per Entrant, equivalent to one (1) initial entry and ninety-six (96) bonus entries.


•       Initial Entry: To earn one (1) initial entry into the Sweepstakes, complete the entry form at the Website, by submitting your first name, last name and email address.  Then after checking the box indicating you agree to these Official Rules and to the receipt of email communications from the Kempa Club (you may opt out at any time after the Sweepstakes has ended), press the “Enter to Win” button. Limit of one (1) initial entry per Entrant.

•       Bonus Entries:  To earn bonus entries into the Sweepstakes, visit the Website during the Sweepstakes Period and;

•        Friend Referral: Select the “Tell Your Friends” button to receive three (3) entries per referral.  Limit of thirty (30) friend referrals, for a maximum of ninety (90) bonus entries via this method.

•        Visit Sponsor on Instagram:  Select the “Visit us on Instagram” button to receive one (1) bonus entry.  Limit of one (1) bonus entry via this method.

•        Share Sweepstakes on Facebook:  Select the “Share Link on Facebook” button to receive two (2) bonus entries.  Limit of two (2) bonus entries via this method.

•        Share on Twitter:  Select the “Share on Twitter” button to receive three (3) bonus entries via this method.


Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes.  In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the owner of the associated email address submitted at time of entry (“Authorized Account Holder”). Entrants may be required to provide proof of being the Authorized Account Holder. No mechanically or programmatically reproduced entries are permitted. Sponsor will not verify receipt of entries for Entrants. Sponsor is not responsible for lost, late, illegible, incomplete, delayed, misdirected entries. 


By entering, each Entrant; (a) represents that he/she is at least twenty-five (25) years of age and otherwise eligible to participate in the Sweepstakes; and (b) fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects.  Any person who tampers with the entry process in any way will be disqualified.




6.    WINNING/NOTIFICATION. There will be one (1) Grand Prize awarded in this Sweepstakes. On or about July 21, 2023 one (1) Grand Prize Winner will be selected at random from among all eligible entries during the Sweepstakes Period. Odds of winning the Grand Prize is dependent on the total number of eligible entries received during the Sweepstakes Period. The drawing will be conducted by the Sponsor whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. 


The Grand Prize Winner will be notified by email and must complete the PRIZE CLAIMS process listed below.Sponsor will only make two (2) attempts to reach the potential Grand Prize Winner via email. In the event the Sponsor cannot reach the potential Grand Prize Winner after two (2) attempts have been made, the original potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner (selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period) will be notified until one (1) Grand Prize Winner is confirmed.


Acceptance of the Grand Prize constitutes Grand Prize Winner’s permission for Sponsor and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements of address (city and state or province/territory) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.


7.    PRIZE CLAIMS:  Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within seven (7) days or less from receipt of notification from the Sponsor by email. If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the respective prize and an alternate will be notified as outlined in the WINNING/NOTIFICATION section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced.  Potential Grand Prize Winner must report income to the IRS.  In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the respective prize, such potential Grand Prize Winner will be disqualified, and an Alternate will be notified as outlined above.  Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor/Independent Administrator, in their sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the respective prize and an alternate will be notified as outlined in the WINNING / NOTIFICATION section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced.  In the event a potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.


8.    PRIZE:  There will be one (1) Grand Prize awarded in this Sweepstakes.  The Grand Prize received will be based upon the total number of entries received in the Sweepstakes from all Entrants as further described below. The maximum approximate retail value (“ARV”) of the Grand Prize is $9,850. The Grand Prize tiers are as follows:


·      Tier 1 (1-15,000 entries): If up to 15,000 entries are received, the Grand Prize Winner will receive one (1) three (3)-night stay at Kempa Park, Florida (ARV $3,450)

·      Tier 2 (15,001-30,000 entries): If between 15,001 and 30,000 entries are received, the Grand Prize Winner will receive one (1) three (3)-night stay at Kempa Park, Florida, and one (1) $750 Grocery and Beverage stock in-room (ARV $4,200)

·      Tier 3 (30,001-50,000 entries): If between 30,001 and 50,000 entries are received, the Grand Prize Winner will receive one (1) four (4)-night stay at Kempa Park, Florida, and one (1) $750 Grocery and Beverage stock in-room (ARV $5,350)

·      Tier 4 (50,001-70,000 entries): If between 50, 001 and 70,000 entries are received, the Grand Prize Winner will receive one (1) four (4)-night stay at Kempa Park, Florida, one (1) $750 Grocery and Beverage stock in-room and one (1) $2,000 VISA Gift Card to be used at Disney Magic Kingdom, or at Grand Prize Winner’s sole choosing (ARV $7,350)

·      Tier 5 (70,001 or more entries): If between 70, 001 or more entries are received, the Grand Prize Winner will receive one (1) four (4)-night stay at Kempa Park, Florida, one (1) $750 Grocery and Beverage stock in-room, one (1) $2,000 VISA Gift Card to be used at Disney Magic Kingdom, or at Grand Prize Winner’s sole choosing and one (1) hosted TV Game Night in-room (ARV $9,850)


General Prize Details and Restrictions: No more than one (1) Grand Prize will be awarded. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Grand Prize Winner. The Grand Prize awarded consists only of the items listed herein. Sponsor makes no representations or warranties with respect to the potential benefits or outcomes to Grand Prize Winner with respect to the Grand Prize. GRAND PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE ELEMENT, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

           

Grand Prize Winner may not assign or transfer Grand Prize or portion thereof to another person. No prize substitution, exchanges, redemptions, transfers or changes are allowed, except at the sole and absolute discretion of Sponsor. Non-cash prizes cannot be substituted or redeemed for cash. All prize tiers are subject to availability and subject to change. If a prize tier or any portion of a prize tier cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded; provided, however, that if the Grand Prize is awarded but unclaimed/forfeited by Grand Prize Winner, such Grand Prize may not be re-awarded, in Sponsor’s sole and absolute discretion. 


All taxes, fees and surcharges related to a prize, if any, are the sole responsibility of each applicable prize winner, and may be subject to applicable withholding. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize tier, including travel to and from the Kempa property, which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Grand Prize are solely the responsibility of the Grand Prize Winner.

 

Accommodations are based on one room, double occupancy and include room and tax only. Grand Prize Winner and guest (“Travel Companion”) must comply with the terms and conditions set forth by the event coordinators, including, but not limited to the requirement for deposit to cover incidentals which may be required by the property. If Grand Prize Winner elects to partake in any or all portions of his/her Grand Prize with no Travel Companion, the Grand Prize will be awarded to Grand Prize Winner based upon the total number of travelers and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Prize must be taken before December 31, 2024. Reservations are subject to availability. Grand Prize consists only of the elements expressly set forth herein; no other elements or expenses (including, without limitation, insurance, additional meals and snacks, unspecified ground or air transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, other personal expenses, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and Travel Companion are responsible for obtaining all required travel documents, including but not limited to photo identification, passports and any other required travel documents, which shall be determined solely by the Grand Prize Winner. Reservations made are subject to availability and may be restricted during major holiday periods or blackout periods. A personal credit card imprint or cash deposit may be required by the property for incidental charges and personal expenses. Grand Prize Winner will be solely responsible for supplying such personal credit card and or cash deposit and for all personal expenses / incidental charges not included as part of the Grand Prize.


TRAVEL & COVID-19 (if applicable at time of travel): Grand Prize Winner and Travel Companion each understand and agree that; (a) Trip activities may be inherently dangerous due to the nature of the activities provided; (b) Trip gatherings may be inherently dangerous due to the COVID-19/Coronavirus epidemic/pandemic which is a highly contagious and communicable disease; and, to the fullest extent permitted by law, (c) each assumes any and all risks of illness, injury or even death which may arise directly or indirectly, in whole or in part, from acceptance of the prize. While all activity venues, transportation companies will closely follow all cleaning and safety protocols in accordance with all applicable laws and regulations so as to prevent the spread of COVID-19/Coronavirus, Grand Prize Winner and Travel Companion understand that it is possible that he/she may still contract COVID-19/Coronavirus and/or infect others even if they are asymptomatic and/or vaccinated. Grand Prize Winner and Travel Companion further understand and agree that, in response to economic and/or social conditions engendered by COVID-19/Coronavirus (regardless if mandated by a governmental authority), Sponsor may be compelled to modify, postpone or even cancel outright any events, city stops, activities, methods of transport or any other element of the trip on the originally approved dates at the originally approved locations with little (if any) advanced notice. In such case, Sponsor may allow Grand Prize Winner to re-schedule and/or cancel; however, Sponsor reserves the right in its sole discretion to substitute an entirely different prize of comparable value and such substitute prize shall constitute the entire liability of Sponsor.  Grand Prize Winner and Travel Companion also understand and agree that Sponsor has not obtained any insurance for them relative to acceptance and use of the Grand Prize. In all cases, Grand Prize Winner and Travel Companion, to the fullest extent permitted by law, indemnify, release and agree to hold harmless Sponsor, Independent Administrator and all other Sweepstakes Entities from any and all liability which may arise directly or indirectly, in whole or in part, from acceptance and use of the Grand Prize, and any activities included herein, during the COVID-19 Coronavirus epidemic/pandemic




GENERAL CONDITIONS:  Sponsor reserves the right in its sole discretion to disqualify any individual or entity it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules.  Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The failure of Sponsor/Independent Administrator to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor/Independent Administrator, or other “force majeure” event will not be considered a breach of these Official Rules.  In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Sweepstakes and, at Sponsor’s sole discretion, award the prizes to Entrants from among the eligible entries received up to the time of the impairment based upon the “Winning/Notification” section of these Official Rules.  Sponsor’s/Independent Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  The Released Parties (defined below) are not responsible for lost, late, misdirected, undeliverable or incomplete entries, whether due to systemerrors or failures, faulty transmissions or other telecommunication malfunctions, entries  received resulting from anyhardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computeror telephone transmissions, typographical or system errors and failures, technical malfunctions in connection with the Sweepstakes, including, without limitation, with the administration of the Sweepstakes, the processing of entries, the random selection of winners, the announcement of the winners, or in any other Sweepstakes-related materials. 


In the event of a dispute regarding who entered an entry, the entry will be deemed submitted by the Authorized AccountHolder (defined below) of the e-mail address or social media account provided at the time of entry. “Authorized AccountHolder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online serviceprovider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses forthe domain associated with the submitted e-mail address or the natural person who is assigned to the social media account. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address or social media account associated with the entry.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. THE PRECEDING EXPRESSLY INCLUDES BUT IS NOT LIMITED TO ANY ATTEMPT TO TAMPER WITH OR MANIPULATE THE PUBLIC VOTING PHASE OF THE SWEEPSTAKES.


RELEASE AND LIMITATIONS OF LIABILITY:  By participating in the Sweepstakes, Entrant agrees to release and hold harmless Sponsor, Sweepstakes Entities, Instagram, Twitter, Facebook, their officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize (as applicable), including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries or votes; (e) any incorrect or inaccurate information; (f) inability to access Sponsor’s internet web site; (g) entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any website; and/or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s  participation in the Sweepstakes or Entrant’s receipt of any prize or Sponsor’s use of entered entries and attributes, including, without limitation, claims for invasion of privacy, right of publicity, defamation, libel, or further consideration.  Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney’s fees. 


NO LIABILITY:  By participating, Entrants agree to release, discharge, indemnify, and hold harmless Sponsor, the Sweepstakes Entities, Facebook, Instagram, Twitter and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the winner, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.


GOVERNING LAW AND VENUE: Any dispute arising under these Rules or this Sweepstakes will be arbitrated by, and under the rules of, J.A.M.S. in binding arbitration in Suffolk County, New York, and before a mutually selected arbitrator experienced in the United States television and internet entertainment industry. Each of Entrant and Sponsor also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Sponsor. The only exceptions to this are that (a) each of you and Sponsor retains the right to sue in small claims court; and (b) each of you and Sponsor may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.


These Official Rules will be deemed negotiated and entered into and will be construed in accordance with the laws of the State of New York and the United States applicable to agreements which are negotiated, signed and performed within such state. All actions, proceedings or litigation arising out of these Rules will be instituted and prosecuted solely within the State of New York. You hereby consent to the jurisdiction of the state courts of New York and the federal courts located in the County of Suffolk as to any matter arising out of or relating to these Official Rules, and agree that Suffolk County, New York is a convenient forum.


Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Sponsor agree to submit to the exclusive jurisdiction of the courts located in Suffolk County, New York, to resolve any Dispute arising out of these Official Rules or services or products provided by Sponsor. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE RULES.


YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE OFFICIAL RULES, THE SITE OR SPONSOR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.


PRIVACY POLICY: Any non-public personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.kempacollection.com/privacy-policy-notice. 


WINNER’S LIST REQUEST: To receive the name of the Grand Prize Winner, send a self-addressed, stamped (business size) envelope to: “Kempa Park Complimentary Stay Giveaway” Winner’s List Request, PO Box 458, Newark, NY  14513.  Requests must be received by August 31, 2023.



Share by: