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2022 #WhatWillYouFindGPS Sweepstakes

2022 #WhatWillYouFindGPS Sweepstakes

Visit Greater Palm Springs

OFFICIAL SWEEPSTAKES RULES

1. The 2022 #WhatWillYouFindGPS Sweepstakes (the “Sweepstakes”) is being conducted by Visit Greater Palm Springs ("Visit GPS"). The Sweepstakes commences at 3:00 p.m. (PST) on January 25, 2022 and continues until 11:59 p.m. (PST) on February 8, 2022 (the “Submission Period”). The winner (“Winner”) selection process is completely random and governed by Visit GPS. The Winner will be announced at the end of the Sweepstakes period. Entries may be made by utilizing the hashtag #WhatWillYouFindGPS on their unique Instagram post.  Only one (1) Winner will be selected from qualified entrants (each an “Entrant”) .

2.  NO PURCHASE NECESSARY. A purchase will not increase your chances of winning.   Odds of winning depend on number of eligible entries submitted during the Submission Period.

3. Visit GPS employees and immediate family members (dependents under IRS rules), affiliates, subsidiaries, advertising and promotional agencies of Visit GPS and all sponsors associated with the Sweepstakes are not eligible to win.

4.  Entrants must be twenty-one (21) years of age or older at time of entry to be eligible.  

5. The Sweepstakes is open to U.S. and Canadian residents, at least twenty-one (21) years of age, subject to the restrictions contained in these Official Sweepstakes Rules (“Rules”), except it is not open to residents of the Province of Quebec.  If a person from Canada is selected as the potential Winner, that person must first pass a skills test to be administered by Visit GPS, before the Prize may be awarded to that person. 

6.  The Sweepstakes is governed by the laws of the United States and is subject to all applicable federal, state and local laws and regulations.  This Sweepstakes is void where prohibited by law.

7. One (1) Winner from all eligible Entrant  will be selected at random at the end of the Submission Period, on or after February 8, 2022.

8. One (1) Winner from all eligible Entrants will be selected at random via Visit GPS at the end of the Submission Period.  The random Winner selection process shall consist of (1) assigning a number to each eligible Entrant, (2) an electronic random number generator will then randomly select a number, and (3) the Entrant with the corresponding randomly generated number will be selected as the Winner.  Visit GPS reserves the right to change the Winner selection process; provided, however, in all cases the Winner shall be selected randomly and these Rules shall be updated to reflect the actual Winner selection process.

9.  The prize (“Prize”) consists of:  A two (2)-night stay at Margaritaville Resort Palm Springs subject to blackout dates and two (2) day passes and lunch at Azure Palm Hot Springs Resort & Day Spa Oasis and Azure Palm Cafe. Day spa admission subject to reservation availability, call to inquire and make a reservation.  Lunch includes one entree choice and one non-alcoholic beverage per person.  

10.  Prize Restrictions: Visit GPS reserves the right to substitute the Prize, or any portion thereof, with a prize of equal or greater value. No credit or reimbursement will be provided if the Prize is not taken or used prior to any applicable expiration. No portion of the Prize may be used towards the purchase of alcohol.  Other restrictions may apply. 

11.  The Prize must be accepted as awarded; no substitutions, except that Visit GPS reserves the right to substitute a prize, or portion thereof, of equal or greater value. Prize is non-transferable and non-refundable. The Prize is subject to the terms, conditions and restrictions described herein.  No cash reimbursement of the Prize is permitted. 

12. Claiming the Prize: To claim the Prize, the Winner must respond with contact details to a congratulatory message within 48 hours and must notify Visit GPS of arrangements to receive.  

13.  The approximate retail value of the Prize is as follows: 

14.  Odds of winning depend on the number of eligible entries submitted during the Submission Period, and the number of qualified entries an individual makes. 

15. Entries are made by posting to Instagram utilizing the required hashtag #WhatWillYouFindGPS. The Winner selection process is completely random and governed by Visit GPS.  Submissions must be received during the Submission Period to be valid.  Sweepstakes Rules will be available during the Submission Period (“Submission Guidelines”).  Visit GPS’s own internal clock will be the timekeeping device for the Sweepstakes. Any other form of entry other than described herein is void. Visit GPS reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Rules. Entrants discovered entering under several names/email addresses or making multiple entries will be disqualified.  Any submission of robotic, automatic, or programmed entries, or any entries submitted through other unapproved methods are void. Visit GPS reserves the right to disqualify false entries or entries suspected of being false or fraudulent. Visit GPS is not responsible for incomplete, late, lost, delayed, damaged, misdirected, incomplete, void, and/or corrupted Submission and those Submissions are void and will not be accepted.  Visit GPS is not responsible for any problems, bugs or malfunctions Entrants may encounter when seeking to enter their Submissions. Entrants are solely responsible for compliance with Visit GPS’s terms and conditions. By uploading the Submission, the Entrant agrees that the Submission conforms to the Submission Guidelines and that Visit GPS, in its sole discretion, and disqualify Entrant if Visit GPS believes the Submission fails to conform to the Submission Guidelines.

16. PLEASE READ THE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.  BY (1) Uploading a photo with the HASHTAG (#WhatWillYouFindGPS)  (“HASHTAG”) WITHIN YOUR POST, YOU ACCEPT ANY AND ALL TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVING ANY AND ALL RIGHTS AND BENEFITS WHICH MAY BE CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT IMPLEMENT THE DESIGNATED HASHTAG IN YOUR RESPONSE TO THE RIGHTS-REQUEST OR COMPLETE THE REGISTRATION PROCESS.

17. By using the hashtag, you are agreeing to be bound by the terms and conditions (“Registering”) (collectively, Rights Request and Registration are hereinafter referred to as “Accepting the Terms”), I grant to Visit Greater Palm Springs (“Visit GPS”), a non-exclusive, perpetual, irrevocable, transferrable, worldwide, and royalty-free right and license, to (1) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or work, publish, translate, publicly perform, publicly broadcast and publicly display any and all user-generated content which I post on social media site(s), (“Content”), in whole or in part, in any format or medium now known or later developed, at Visit GPS’s sole and absolute discretion, including without limitation on Visit GPS’s website, print or online advertising, and/or social media site(s); and (2) use (and permit others to use) the Content in any manner and for any purposes, including without limitations: marketing, advertising, commercial or promotion purposes that Visit GPS or their affiliates deem appropriate at Visit GPS’s sole and absolute discretion; in exchange for valuable consideration, the receipt and sufficiency of which is expressly acknowledged. 

18. By Accepting the Terms, I agree that (1) I am solely responsible for the Content; (2)  Visit GPS is not required to host, display, or distribute any Content anywhere and may remove Content at any time or refuse Content for any lawful reason; (3)  Visit GPS is not responsible for any loss, theft, misuse, or damage of any kind to the Content; (4) I will not upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; and (5) I will not impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity.  I understand and agree that Visit GPS has created a limited public forum which is limited to Content related to the Greater Palm Springs tourism and hospitality industry.

19. By Accepting the Terms, I represent and warrant that (1) I own all rights in and to the Content and that I have the necessary authority to grant the aforementioned license, or, in the alternative, I represent and warrant I am authorized to and otherwise possess all rights necessary to grant the license to the Content to the Visit GPS; (2) that the Content does not contain any libelous material; infringe upon any trade name, trademark, or copyright; or invade or violate any right of privacy, personal right, or other common law or statutory right; (3) the Content is related to Greater Palm Springs tourism and hospitality industry; (4) I have not granted any person or entity any rights to the Content which would be in conflict with the grant of rights herein, and that I am unaware of any facts that would put a reasonable person on notice of the likelihood of any claims in connection with the Content; and (5) I am at least twenty one (21) years of age and have the legal right to enter into this agreement. 

20. I understand that I will not be compensated or granted any additional consideration or compensation by Visit GPS or any third party, now or in the future, for submitting the Content and granting the license.

21. I agree to defend, hold harmless and indemnify the Visit GPS, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, expenses, liabilities, or injuries, whether direct or indirect (including any and all costs and expenses, including attorney’s fees, in connection therewith), in connection with the grant or rights described herein and warranties given hereunder except for any such claim arising out of the sole negligence or willful misconduct of Visit GPS, its officers, agents, employees or volunteers.

22. I hereby voluntarily waive any and all rights I may have to sue or otherwise pursue any action or claim against Visit GPS related in any way, either directly or indirectly, to Visit GPS’s use of the Content in accordance with these Terms and further waive any and all moral rights I may have in and to the Content.

23. I expressly waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code which reads as follows:

24. “A general release does not extend to claim that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

25. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected.  I further represent and warrant that I understand this waiver and that if I do not understand this waiver, I shall seek the advice of a qualified attorney before executing this instrument.

26. I understand and agree that Visit GPS may, at its sole discretion, change these Terms and conditions at any time.  Any such change will be posted on https://visitgreaterpalmsprings.com/yesgreaterps-terms-and-conditions.

27. These Terms shall be governed by the laws of the state of California.  All proceedings involving disputes over the terms, provisions, covenants or conditions contained herein and all proceedings involving any enforcement action related to these Terms shall be initiated and conducted in the applicable court or forum in Riverside County, California.

28. I understand and agree that the Content will be publicly displayed and it will not be treated as confidential.  I further understand and agree that the Content and related information may be subject to release in response to a request under the Public Records Act and the content and related information may be subject to Visit GPS’s records retention policies.

29. Nothing herein is intended to provide that the benefits of this Agreement shall inure to any third party, nor shall any provision herein be so construed.

30. Nothing herein shall be deemed, construed or represented by myself, Visit GPS, or any of Visit GPS’s affiliates or by any third person to create the relationship of principal and agent between myself and Visit GPS, and I shall not, at any time, or in any manner, represent that I am in any manner an agent or employee of Visit GPS.  I understand and agree that I shall have no authority, expressed or implied, to act on behalf of Visit GPS in any capacity whatsoever as an agent, nor shall I have any authority, expressed or implied, to bind Visit GPS to any obligation whatsoever.

31.  Only one entry per day per person is permitted. 

32.  Alternate Method of Entry:  All entries must be posted on Instagram. No other form of entry will be accepted.

33. The Winner is responsible for payment of all federal, state and local taxes. Notwithstanding anything herein to the contrary, Visit GPS and all of its programs and all sponsors associated with the Sweepstakes reserve the right to require the Winner to complete, execute and deliver any forms for eligibility, release of liability, the Prize acceptance and/or tax purposes within one (1) day of notification. Noncompliance with this request may result in disqualification and selection of an alternate Winner. By submitting a Submission, Sweepstakes Entrants agree to abide by the terms of these Rules, which are final on all matters pertaining to the Sweepstakes.  Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Rules.

34..  By entering this Sweepstakes, Entrants agree to release Visit GPS and all of the programs and sponsors associated with the Sweepstakes from any and all liability resulting from participation in the Sweepstakes. The Winner, by acceptance of the Prize, agrees to release Visit GPS and all of its programs, officers, directors, employees, agents, shareholders, affiliates, suppliers, distributors and advertising agencies from 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 the Prize.

35..  Visit GPS makes no warranty, guaranty or representation of any kind concerning the Prize, except where prohibited by law, disclaims any implied warranty, and is not liable for injury, loss, or damage of any kind resulting from the acceptance or use or misuse of the Prize, travel related thereto or from Entrants’ participation in this Sweepstakes.

36.  Advertising Disclaimer.  Entrants consent to release to the aforementioned companies the use of the Winner's proper name, residence (city and state), photo and/or likeness (including, without limitation aural and visual likeness) for purposes of advertising online and in print or any other media or trade in connection with the Sweepstakes without further compensation. The aforementioned companies further reserve the right to use any and all information related to the Sweepstakes, including information on Sweepstakes Entrants obtained through the Sweepstakes, for marketing purposes or any other purpose, unless prohibited by law. 

37.  By entering this Sweepstakes, Entrants agree to be bound by these Rules, which are subject to change without notice due to unusual or extreme circumstances, and all decisions of Visit GPS which are final.

38. The eligibility of all potential Prize Winners is subject to verification by Visit GPS. No correspondence will be entered into except with the Winner.

39.  The Visit GPS is not responsible for late, lost or misdirected e-mail or mail or any computer, online, telephone or technical malfunctions that may occur. If for any reason the Sweepstakes cannot be completed as planned, it can be cancelled, terminated, modified or suspended at any time for any reason by the aforementioned sponsors.

40.  This Sweepstakes will run in accordance with these Rules, subject to amendment by Visit GPS due to unusual or extreme circumstances.  Visit GPS reserves the right to cancel or suspend this Sweepstakes or to amend these Rules at any time without notice upon said circumstances.

41.  This Sweepstakes is not associated with, sponsored by, endorsed by, affiliated with, or administered by Instagram.  By entering this Sweepstakes, all Entrants agree to release Visit GPS and Instagram from any and all liability resulting from participation in the Sweepstakes. The Winner, by acceptance of the Prize, agrees to release Visit GPS and all of its officers, directors, employees, agents, shareholders, affiliates, suppliers, distributors and advertising agencies from 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 the Prize, including but not limited to, travel to and from any Prize venues.  By entering this Sweepstakes, Entrants are disclosing information to the Sweepstakes sponsors, Visit GPS and Instagram.

42..  To request a written copy of these Rules by mail, please write to:  Visit Greater Palm Springs, 2022 What will you find Sweepstakes, 70-100 HWY 111, Rancho Mirage, CA, 92270, ATTN: Krystal Kusmieruk.

43.. The Sweepstakes is governed by the laws of California and the United States, excluding conflicts of laws principles, and is subject to all applicable federal, state and local laws and regulations.  This Sweepstakes is void where prohibited by law and where it qualifies as an illegal lottery.

44.  ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, VISIT GPS  RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

45.  Entrants consent to the exclusive jurisdiction and venue of California Courts (state or federal) in Riverside County for any causes or controversies arising out of the Sweepstakes.  The Winner waives any and all objections to jurisdiction and venue in these courts.  Entrants agree that any and all disputes, claims, causes of action or controversies arising out of or in connection with the Sweepstakes shall be initiated and conducted in the applicable court or forum in Riverside County, California.  In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to or related to these Rules or the Sweepstakes, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 

46.  Without limiting the generality of the forgoing, and unless expressly provided otherwise herein, to the fullest extent permitted by law, the Winner shall indemnify, and hold Visit GPS, its officers, officials, agents, employees and volunteers harmless from any against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of or related to the Entrant’s participation with Sweepstakes, including without limitation, any claims for damages resulting from the Winner’s acceptance and use of the Prize.