Passport Official Rules

OFFICIAL RULES

FROM DIAMOND RESORTS ®

Diamond Resorts Tournament of Champions Passport Sweepstakes

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL, REGULATIONS, AND ORDINANCES.  Void where prohibited by law. Sweepstakes begins at 8:00 AM Eastern Time (“EDT“) on Thursday, January 16, 2020 and ends at 3:00 PM EDT on Sunday, January 19, 2020 (“Sweepstakes Period“). Sponsor’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC., YOUTUBE, LLC, OR TWITTER, INC.

  1. ELIGIBILITY – The Diamond Resorts Tournament of Champions Passport Sweepstakes (the “Sweepstakes“) is open to legal residents of the United States and the District of Columbia (except those residing in ID, NE, NJ, PR, WV, US Virgin Islands and other US territories and possessions and military installations) and Canada (except Quebec), who are at least twenty-one years of age as of the date and time of entry. If any entry received from a resident of Canada is selected as a potential winner, potential winner will be subject to the process outlined in the section titled “SELECTION AND NOTIFICATION OF WINNERS”. West Maui Resort Partners L.P., and Diamond Resorts International Marketing, Inc., both located at 10600 West Charleston Blvd., Las Vegas, NV 89135 (hereinafter collectively referred to as “Sponsor“), or any of their employees, officers, directors, parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner. Any entry shall be rendered void if it is in contravention of these Sweepstakes Rules (the “Official Rules“) or where prohibited or restricted by law.
  2. ENTRY –Participants (“Entrants“) may enter the Sweepstakes during the Sweepstakes Period via a paper or electronic form available at Diamond Resorts Tournament of Champions. Entrants may enter at any time during the Sweepstakes Period for a chance to win the Grand Prize. Subject to the Sharing Incentives listed below, participation is LIMITED TO ONE (1) ENTRY PER PERSON.In the event more than one (1) entry is received from any one (1) person, the first entry processed will be considered the only valid entry received from that Entrant. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The “authorized account holder” is the natural person who is assigned to the email address by an internet access provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any potential winner may be required to show proof of being the authorized account holder. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.  All potential winners are subject to verification before any Prize will be awarded.
  3. SELECTION AND NOTIFICATION OF WINNERS/ODDS –

Three Standard Prize Drawing: Sponsor will select three (3) Standard Prize winners using an electronic random drawing method from the pool of all eligible entries received up until such drawing date. Entries must be received by 3:00 PM EDT on the date of the applicable drawing to be eligible for the Standard Prize for that day. The drawing time and dates are after 4:15 PM EDT on January 16, 2020; January 17, 2020 and January 19, 2020.

Odds of being selected as a potential winner are based on the total number of eligible entries received up until the date and time of each standard drawing and the Grand Prize drawing, respectively.

Grand Prize Drawing – Sponsor will select one (1) potential Grand Prize winner using an electronic random drawing method from the pool of all eligible entries received up until the end of the Sweepstakes Period. Potential winner will be chosen on Saturday, January 18, 2020. Odds of being selected as a winner are based on the total number of eligible entries received up until the date and time of the drawing.

The potential winner of each Standard Prize Drawing and Grand Prize Drawing will be notified by email and/or telephone listed on the entry form, within one (1) day after the drawing in which they are chosen as a potential winner and will be advised of the prize that they are eligible to win. If any potential winner is a resident of Canada, s/he shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by email, prior to being declared a Winner.

If any prize notification telephone call is not answered after two (2) attempts and/or if the email notification is not answered within two (2) days or returned as undeliverable; or if potential winner and his/her guests are unavailable to travel within any time period specified by Sponsor; or if a potential winner is disqualified or otherwise determined to be ineligible or declines to accept the prize for any reason; or if a potential winner otherwise refuses or fails to comply with the Acceptance Criteria detailed below; the prize will be forfeited and an alternate potential winner may be selected at random from the remaining eligible entries received. Only three (3) alternate drawings will be held for the standard and grand prize, after which any remaining prizes may remain un-awarded.

  1. ACCEPTANCE CRITERIA –Potential winner must consent to each of the following Acceptance Criteria to be considered an official winner:
  • Provide a current photograph of themselves via email in the jpeg format.
  • Winners will be required to complete Form W-9 and/or 1099 for tax reporting purposes.
  • Sign an Affidavit of Eligibility, Liability & Publicity Release (where permitted by law) within three (3) days of notification that they are a potential winner (as detailed in the heading “Release and Limitations of Liability”); and
  • Agree to provide feedback upon request by Sponsor on their vacation experience.

Verification of Potential winners:  ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

  1. THE PRIZES: Approximate Retail Value (“ARV”) of Grand Prize: $833-$6,503; ARV of Standard Prize: $357-$2337. Total ARV of all Prizes to be awarded: $1,904 -$13,513. ARV of Prizes may vary depending on point of departure, travel dates package selected and fare/rate fluctuations.

GRAND PRIZE: A total of one (1) Entrant will receive the following (the “Grand Prize winner “): An 8 day/7 night vacation in a 1-bedroom, 1-bathroom suite (or similar) in the continuous United States including Hawaii and Mexico valid for 12 months.

STANDARD  PRIZE: A total of three (3) Entrants (each, a “Standard Prize Winner”) will receive one of the following prizes: A 4 day/3 night vacation in a 1-bedroom, 1-bathroom suite (or similar) in the continuous United States valid for 12 months.

  1. PRIZE RESTRICTIONS:  Sponsor reserves the right to offer only the stated number of prizes (4 in total) by random drawing among all legitimate, un-awarded, eligible prize claims. The Grand Prize Winner and Standard Prize Winners must have concluded all their travel within 12 months of receiving their award notification.  Winner must be a member of the travelling party on all occasions.

Prizes cannot be substituted, assigned, transferred, or redeemed for cash by winner; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion.  Sponsor will not replace any lost or stolen Prizes.  Prizes cannot be used in conjunction with any other Sweepstakes or offer.

No refunds, compensation or alternative dates will be offered to the winner in the event of cancellation of a confirmed reservation by the winner, except at the sole discretion of Sponsor. Travel restrictions, conditions and limitations may apply. Winner and guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of government-issued identification and a major credit card.

To the extent permitted by law, guest (or if a minor, his/her parent/legal guardian) must execute a Liability and Publicity Release prior to issuance of a confirmed accommodation booking. In the event winner and/or guest engages in behavior which (as determined by Sponsor in its sole discretion) is obnoxious, threatening or illegal, or which is intended to threaten or harass any other person, or which in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the vacation early, and send winner and/or guest home, and Sponsor shall have no further obligations whatsoever (including any obligation to pay compensation) to the winner and/or guest in respect of that vacation or any future accommodation and any future reservations will be cancelled.

In the event winner and/or guest engages in behavior during their vacation that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner and/or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. TO THE EXTENT PERMITTED BY LAW, SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LEGAL IMPLICATIONS OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF WEEKLY OR GRAND PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE WEEKLY OR GRAND PRIZE, AS APPLICABLE.

  1. GENERAL CONDITIONS: Entrants consent that Sponsor and its affiliated companies may contact Entrant for marketing purposes by e-mail, landline telephone using an automatic dialer (for which Entrant agrees that Entrant’s entry constitutes his or her express written consent) or mail regarding publications and information relating to its products, offers and services, including regarding time-share interests.

Entrants may withdraw consent at any time by ticking the “opt out” box in respect to email contact or by sending a written request to this effect to: Diamond Resorts InternationalAttn: National Marketing Center, 10600 West Charleston BoulevardLas Vegas, NV 89135

All Entrants will conduct themselves in a decorous manner at all times during their participation in the Sweepstakes. Sponsor reserves the right to disqualify any Entrant if such Entrant has engaged in, or during the Sweepstakes engages in, any act which, in Sponsor’s sole judgment, involves moral turpitude or which brings Sponsor or Entrant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.

Sponsor reserves the right to suspend, modify, or cancel this Sweepstakes, or any part of it, at any time without notice, to include, but not limited to delaying the start of the Sweepstakes should the Website not be ready to receive entries prior to the start date. Sponsor also reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.  The Sweepstakes Entities are not responsible for lost, late, incomplete, illegible, damaged, stolen, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.  Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that Entrant is or has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives.

WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.  If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or 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) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.

  1. RELEASE AND LIMITATIONS OF LIABILITY:By participating in this Sweepstakes, Entrants agree that Sweepstakes Entities, Facebook, Inc., Instagram, LLC, YouTube, LLC and each of their parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (“Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes, downloading any materials, acceptance, possession or receipt or use or misuse of any prize.

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE https://golf.diamondresorts.com/passportrules/ OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEB SITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. PUBLICITY GRANT:Except where prohibited by law, winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
  2. DISPUTES:To the extent permitted by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a State of Nevada Court of Law; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), 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 the Entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of laws rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada.

  1. PRIVACY:Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.diamondresorts.com/Privacy-Policy.
  2. OFFICIAL RULES AND WINNER’S LIST:For a copy of the Official Rules visit https://golf.diamondresorts.com/passportrules/ or send a stamped, self-addressed envelope to: Attn: National Marketing Center, Diamond Resorts Passport Destination Sweepstakeswinners List, 10600 W. Charleston Blvd, Las Vegas, NV 89135.
  3. MISCELLANEOUS: Any names and addresses acquired will be used for the purpose of soliciting the sale of time-share interests. CA DRE Lic.# 134852HS-A229. A fact sheet on facilities including association assessments is available upon request. Florida Seller of Travel Registration No. ST37308. N.J. Reg. No. 04-99-0002. As of October 1, 2019, the price of points in the Diamond Resorts U.S. Collection starts at $9.61 per point and a minimum purchase of 2,500 points is required. Pricing is subject to change. The developer is Diamond Resorts U.S. Collection Development, LLC. The sponsoring broker is Diamond Resorts International Marketing, Inc. The location and mailing address of both the developer and sponsoring broker is 10600 West Charleston Boulevard, Las Vegas, Nevada 89135.

THE COMPLETE OFFERING TERMS ARE IN AN OFFERING PLAN AVAILABLE FROM SPONSOR. NY FILE NO. T10-0001.

This sweepstakes is neither an offer to sell nor a solicitation to residents in jurisdictions in which registration requirements have not been fulfilled, and Entrant’s eligibility will depend upon the criteria in these Official Rules, including the state of residency of the Entrant.

THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING TIMESHARE SALES

Diamond Resorts International Marketing, Inc. Diamond Resorts International and other logos or trademarks listed herein are trademarks of Diamond Resorts International, Inc. in the U.S. and other countries. All rights reserved.  Copyright ©2019

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