NO PURCHASE NECESSARY TO ENTER OR WIN.
The “BIG GAME” Giveaway (the “Giveaway”) is intended for legal residents of the 50 United States of America (USA) including the District of Columbia, who are at least 21 years of age at the time of entry. Do not enter this Giveaway if you are not located in the USA at the time of entry or under the age of 21. By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Giveaway. Winning the Giveaway (as described below) are contingent upon fulfilling all requirements set forth herein.
You are providing your information to Visit Newport Beach and the information you provide will only be used in accordance with the Visit Newport Beach privacy policies, which may be found at: https://www.visitnewportbeach.com/privacy-policy/
ELIGIBILITY: Entrants must be legal residents of the 50 United States (including the District of Columbia), who are at least 21 years of age at the time of entry (“Entrant”). Employees of Sponsor, and the Administrator, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this Giveaway are ineligible to enter or win. Void outside of the USA, or where prohibited/restricted by law.
SPONSOR/ADMINISTRATOR: The Giveaway is sponsored by Visit Newport Beach, 1600 Newport Center Drive Ste. 120, Newport Beach, CA 92660 (the “Sponsor”).
TIMING: The Giveaway begins on February 1, 2024 at 12:00 AM Pacific Time (“PT”) and ends on February 20, 2024, at 11:59 PM PT (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Giveaway. Entries submitted before or after the giveaway period will not be considered.
DRAWING AND NOTIFICATION: The Prize drawing will be conducted by the Administrator (as listed above), whose decisions are final in all matters relating to this Giveaway. The Prize drawing will be conducted on or about February 20, 2024. Odds of winning the Giveaway Prize will depend on the total number of eligible entries received during the Giveaway Period. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Giveaway. The potential Prize Winner will be notified by the Administrator via email and/or USPS mail, or other home delivery service of Sponsor’s choice.
- Enjoy a 2-night stay in Newport Beach’s only Forbes Four Star and AAA Four Diamond Luxury Waterfront Resort. Includes parking and resort fee. Restrictions apply.
- Two Hour Harbor Cruise aboard a Duffy Electric Boat
- $500 in Food & Beverage credit to use at your leisure
- $200 gift card to Fashion Island
- Whale Watching for Two
- Two Hour Moke Rental
The Approximate Retail Value (“ARV”) of the Giveaway Prize package is $2,800 (Should actual value of prize be less than this amount, the winner will not receive the difference in cash.) All other expenses not specifically mentioned herein, including but not limited to, fees and gratuities, are the responsibility of the Winner and traveling companion(s). The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any other persons providing any of these services necessitated. The Sponsor shall not be liable for any loss or damage to personal property. If the actual value of the prize is lower than the stated ARV when the prize is procured and fulfilled, then the difference will not be awarded. No substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of comparable or greater value.
PRIZE CONDITIONS: By accepting the Giveaway Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the Prize. The Giveaway Prize winner are solely responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
GENERAL CONDITIONS: If for any reason the operation or administration of this Giveaway is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway in whole or in part, at any time, without notice and award the Giveaway Prize (defined above) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Giveaway or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Giveaway, Entrants agree to release and hold harmless the Sponsor, the Administrator, their respective partners, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Giveaway; (c) printing errors; (d) errors in the administration of the Giveaway or the processing of entries; or (e) injury, death, 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 receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
ENTRANT’S AGREEMENT: Except where prohibited, participation in the Giveaway constitutes each winner’s consent to Sponsor’s and its agents’ use of such winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, in perpetuity without further payment, permission, notification or consideration.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Giveaway or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Giveaway Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
DISPUTES: By entering the Giveaway, Entrants and neighbor designee agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway but in no event attorneys’ fees; and 3.) Under no circumstances will any Entrant or neighbor designee be permitted to obtain any award for, and Entrant or neighbor designee 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 for actual out-of-pocket expenses, and 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 Entrants and Sponsor or the Released Parties in connection with the Giveaway, shall be governed by, and construed in accordance with United States law and the state law of California. Any legal proceedings arising out of this Giveaway or relating to these Official Rules shall be instituted only in the federal or state courts of serving Newport Beach, CA and Entrants and neighbor designee, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or un-enforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
WINNERS LIST REQUEST: To request confirmation of the name and city of the Prize Winner, please send a self-addressed, stamped business size envelope to: Sponsor: Visit Newport Beach, 1600 Newport Center Drive #120, Newport Beach CA