ELIGIBILITY. This “Throwback Thursday Contest” (“Contest”) is open to legal residents of California who are 21 years or older at the time of entry, have Internet access and a valid Instagram account and e-mail account. Employees, officers, and directors of BP Partnership d/b/a Bahia Resort Hotel (“Sponsor”) and its respective parents, affiliates (including Evans Hotels, LLC), subsidiaries, advertising and promotion agencies, as well as the immediate family and household members of each such employee, whether related or not, are not eligible to participate in this Contest. By participating in the Contest, entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Contest. This Contest is void outside of the state of California and where prohibited by law.
PROMOTIONAL PERIOD. This Contest begins at the time of the Instagram post announcing the Contest on December 17, 2020 and continues until noon Pacific Time on December 28, 2020 (“Promotional Period”).
INFORMATION. By registering for the Contest, you agree that your information may be used by Sponsor and Instagram in accordance with their respective privacy policies at https://www.evanshotels.com/privacy and https://help.instagram.com/519522125107875. You further agree by entering that you opt-in to receive email or other communications from Sponsor for transactional purposes related to this Contest and for future promotions. You may subsequently opt-out of the receipt of such promotional email or communications of Sponsor by following the directions in the email, communications, or by contacting Sponsor directly. Opting-out of such communications will not affect your participation, or chances to win, in the Contest.
HOW TO ENTER. During the Promotional Period, eligible persons may enter this Contest by following the instructions provided in the Instagram post by @bahiaresortsandiego regarding this Contest. Any attempt to enter by any other method is void. All entrant information is subject to the aforementioned privacy policies of Sponsor and Instagram. Entries must be received before expiration of the Promotional Period. The computer of Sponsor’s Instagram account administrator is the official clock for this Contest. Limit one entry per person/household/email address. Any attempt to obtain multiple entries by using multiple email accounts or any other methods will void all such entries and that entrant will be disqualified. All entries become exclusive property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to who submitted an online entry, the authorized account holder of the email address used to participate will be deemed to be the entrant and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Multiple entrants are not permitted to share the same email address. Potential winner may be required to show proof of being the authorized account holder. Sponsor is not responsible for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected entries.
WINNER SELECTIONS AND REQUIREMENTS. Three potential winners will be selected from all eligible entries during the Promotional Period based on the sole discretion of Sponsor’s Instagram account administrator regarding which shared posts are the top three best vacation images. On the afternoon of December 28, 2020, Sponsor’s Instagram account administrator will post an Instagram story about the top three images allowing followers to vote during a 24-hour period for the top image using Instagram poll stickers. The entrant whose post receives the most votes will be selected as the potential winner and will be notified via Instagram or email within approximately two business days after the selection.
Potential winners may be required to complete, sign and return a W9 tax form and an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release within seven days of issuance of the notification. If the potential winner cannot be contacted; is ineligible according to these Official Rules; fails to respond to the email notification within five days; fails to return the required documentation to Sponsor within the time frame required; if prize or prize notification is returned as undeliverable; if the potential winner decides to decline his/her prize for any reason whatsoever; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. At time of notification, potential winners will be required to provide their first and last name and complete mailing (no P.O. boxes) address in the State of California as well as any other documentation requested by Sponsor to verify eligibility. It is the Entrant’s sole responsibility to assure that his/her email privacy settings allow for Sponsor to contact him/her via email. Entrants are therefore advised to include “@evanshotels.com” on its “Safe Senders” or other email list as well as to check their “SPAM” or junk email folder for email correspondence regarding their participation in the Contest.
ONE PRIZE. One prize winner will receive a Prize Package consisting of the following (“Prize Package”):
- $50 in resort credit that expires December 31, 2021 ($50 value); and
- Two-night stay at The Bahia Resort in San Diego ($700 value). Stay must be consecutive nights be in room type of hotel’s choosing and must be booked directly with hotel and completed by December 31, 2021. Offer subject to availability of rooms and is not valid on holidays; other blackout dates may apply. Prize Package includes mandatory taxes and assessments, but excludes $30 nightly resort fee. Other restrictions may apply
All prize components are based on availability and certain restrictions/black-out dates may apply. Once reservations and other prize components have been arranged, they cannot be altered and failure of winner to follow such schedule shall not obligate Sponsor in any way to provide the winner with alternate arrangements. The Prize Package and its components may not be sold, traded, transferred, substituted or rescheduled to dates not within the fulfillment period set forth above, or refunded. The Prize Package (or its components) is not redeemable for cash. Any unused prize elements will be forfeited. The Prize Package is awarded “AS-IS” WITH NO WARRANTY OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED. Any depiction of prize is for illustrative purposes only. In the event the Prize Package is unavailable, Sponsor, in its sole discretion, may substitute the Prize Package with a prize of equal or greater value. Winner is responsible for any items not specified as part of the Grand Prize Package.
ARV/ODDS OF WINNING. The approximate retail value (“ARV”) of the total Grand Prize Package is: $750.
TAXES AND EXPENSES. Winner is solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use.
CONSENT AND RELEASE. CONSENT AND RELEASE. By participating, entrant consents to Sponsor’s use of entrant’s name, city and state of residence, and/or photographs including but not limited to entrant’s Instagram post used to enter the Contest and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor, without additional compensation, notification or permission, except where prohibited by law. Among other publicity, winner’s name or Instagram handle may be announced on Sponsor’s social media outlets. Entrants agree to release and hold harmless Sponsor and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, Instagram, and advertising and promotion agencies and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Releasees”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Contest, the use of or from the acceptance, use or misuse of any prize awarded. This Contest is in no way sponsored, endorsed or administered by Instagram.
LIMITATIONS OF LIABILITY. Sponsor assumes no responsibility for lost, late, damaged, incomplete, stolen, misdirected, illegible, unreadable or returned entries; or for any computer, telephone, cable, satellite, network, electronic or Internet, hardware or software malfunctions or failures, garbled, corrupt or jumbled transmissions, or service provider/Internet/web site accessibility or availability, traffic congestion, technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information or the failure to capture such information. Sponsor reserves the right to cancel or modify the Contest for any reason, including if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize for the drawing at issue in a random drawing from among all eligible, non-suspect entries received for the drawing at issue up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to modify or terminate this Contest in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the Contest.
DISPUTES AND APPLICABLE LAW. PLEASE READ CAREFULLY. Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, including eligibility declaration forms, publicity releases and waivers, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
RULES/WINNERS’ LIST. For the name of the winner, available starting on or about January 4, 2021, or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to: ATTN: Marketing Department, Catamaran Resort Hotel, 3999 Mission Blvd, San Diego, CA 92109. Please specify the Contest name and “Copy of Rules” or “Copy of Winners’ List”. Requests must be received six (6) months after Contest end date.
SPONSOR AND ADMINISTRATOR. BP Partnership d/b/a Bahia Resort Hotel, 998 W. Mission Bay Drive, San Diego, CA 92109.