Jan 20, 2020 - Bernadine Locsin
You might remember us telling you to "Just Say No to Winter" last year. Why? Because it's possible to have a meaningful career at a cool company without freezing through the winter. In San Diego, we get to do work we love AND embrace the outdoors all year long. And this year, we're kicking it up a notch by sending our very own Surfer Sam deep into the cold, concrete jungle of New York City to give one lucky New Yorker a trip to San Diego - so he or she can truly experience what we mean by San Diego: Life. Changing.
From January 21-23, Surfer Sam will be walking around popular areas in NYC, like Times Square, the Brooklyn Bridge, Grand Central Station, and Washington Square Park, with a bright orange surfboard that says - you guessed it - Just Say No to Winter. You can even follow along on her journey at @SDlifechanging on Instagram. We'll be posting her whereabouts throughout the day on January 21 for a very special, very chilly #TakeoverTuesday. Get ready, New Yorkers. You're about to have a chance to win the trip of a lifetime to San Diego, and swap your cold-hearted winter routine for sunny skies, endless waves, and ridiculously good tacos.
That's it! Sweepstakes ends on January 23, 2020 at 11:59PM. You must be following @SDlifechanging and @visitsandiego to qualify to win.
NYC, what are you waiting for? Grab your coat and snap a selfie with Surfer Sam to win the chance to visit San Diego and see why it's the best place to live and work for yourself! See below for all the details.
Important: Please read these Official Rules before entering this Sweepstakes (the “Sweepstakes”).
By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
1. Eligibility: The Sweepstakes is open only to legal residents of New York, New York, United States who are at least age 18 at the time of entry. Must be following @SDlifechanging and @visitsandiego on Instagram to qualify to win. Directors, officers, members, managers, and employees of San Diego Regional Economic Development Corporation (“Sponsor”), Instagram, Inc., and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC; FACEBOOK, INC OR TWITTER, INC.
2. Sweepstakes Period: The Sweepstakes starts at 12:00:01 a.m. (ET) on January 21, 2020 and ends at 11:59:59 (ET) on January 23, 2020 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes.
3. How to Enter: To enter, complete the following steps during the Sweepstakes Period:
1. Log-in or join Instagram at instagram.com (joining Instagram is free) and follow @sdlifechanging on Instagram.
2. Take a photo and/or video with Surfer Sam and post on Instagram Stories, tagging the following: @sdlifechanging, @visitsandiego, #justsaynotowinter.
By submitting an entry as instructed through the above method (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will receive one entry into the Sweepstakes.
Limit: ONE ENTRY PER PERSON DURING SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OF ENTRY. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
Submission Guidelines and Restrictions
4. Your Submission must not supply untruthful, incomplete, inaccurate or misleading information, and must be consistent with the instructions specified in Section 3.
5. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 14 below.
6. Your Submission must not (in Sponsor’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks or logos.
If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers, and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
8. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the account on which the Submission is made. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry and a New York City resident.
9. Selection and Notification of Winners: On or about January 27, 2020 Sponsor will select the entry of one potential winner of the prize in a random drawing from among all eligible Submissions at Sponsor’s headquarters as listed in Section 19 below. The odds of winning depend on the number of eligible entries received. If winner is unable to accept the prize or respond within three days of contact, then an alternative winner will be selected.
The potential winner will be notified via email or direct message on or about January 27, 2020. To the fullest extent permitted by applicable law, Sponsor may require the potential winner to sign and return, within seven days of being notified, an Affidavit of Eligibility and Liability/Publicity Release and tax forms in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within seven days, such as the Affidavit of Eligibility and Liability/Publicity Release or tax forms; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Alternate drawings will be held for the prize until the prize is awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prize available.
Verification of Potential Winner: THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
10. Prize: One winner will receive (1.) two roundtrip economy airfare from New York, NY (JFK, LGA, EWR) to San Diego, CA (SAN) on JetBlue Airlines (Approximate Retail Value (“ARV”): $1,500). (2.) a three-night stay at Pendry Hotel San Diego for winner and his or her guest (“Companion”) (“ARV”: $1,350); (3.) two tickets to So Diego walking dining tour (may choose between Brothels, Bites and Booze or Tequila, Tacos and Tombstones) (“ARV”: $140) Redeem at sodiegotours.com; Total ARV of all prizes: $2,990.
Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes.
Airfare is valid 2/1/2020 – 2/1/2021, blackout dates may apply. Blackout dates are subject to change, and certificate travel is always subject to availability. Certificates are not valid for travel for Mint service. Other restrictions may apply.
Three-night hotel stay at Pendry San Diego is valid 2/1/2020 – 2/1/2021. Must use three-night stay at one time; may not separate nights for different stays.
So Diego Tours gift card may only be used for making purchases with So Diego Tours, and cannot be redeemed for cash unless required by law. Complete terms and conditions available at fareharbor.com. By using this gift card you accept these terms and conditions.
Transportation to and from San Diego and to all activities and lodging in connection with prize package is not included. The Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the winner’s possession. Any unclaimed or unused prize (or portion of the prize package) will remain the property of Sponsor. All costs not explicitly set forth in these Official Rules are the sole responsibility of the winner, and Sponsor will not provide any compensation or reimbursement for these costs, including travel insurance, transportation, spending money, meals, taxes (excluding airline and airport taxes), vaccinations, transfers, items of a personal nature, excess baggage, in-room charges, other ancillary costs, and any applicable insurance excesses.
To the fullest extent permitted by applicable law, Companion may be required to sign a liability/publicity release to be eligible to participate in the prize package with winner in San Diego. To be eligible to participate in the prize package, a Companion must be at least age 18 (or the age of majority in his or her jurisdiction of residence, whichever is older) at the end of the Sweepstakes Period. Companion agrees to release and indemnify Sponsor pursuant to Sections 7 and 8 of these Official Rules, and as otherwise set forth in a liability/publicity release.
Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
11. Disclaimer: Sponsor; Instagram, Inc.; Facebook; Twitter; and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
12. Limitations of Liability; Releases: By entering the Sweepstakes, you release Sponsor and all Released Parties, including San Diego Tourism Authority, JetBlue, Pendry San Diego, and So Diego Tours, from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
13. Use of Winner's Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.
14. License to Submission: By entering the Sweepstakes and providing your Submission in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to sublicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
15. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after January 27, 2020 and before January 27, 2021 to the address listed in Section 19 below, Attn: Just Say No to Winter.
16. Intellectual Property Notice: SAN DIEGO: LIFE. CHANGING. trademark is a trademark of San Diego Regional Economic Development Corporation. The Sweepstakes and all accompanying materials are copyright © 2020 by San Diego Regional EDC. All rights reserved.
17. Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OR THE APPROPRIATE STATE COURT LOCATED IN SAN DIEGO COUNTY, CALIFORNIA. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
18. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Sweepstakes. Any attempt by an entrant or other individual to deliberately damage any website associated with this Sweepstakes or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
19. Sponsor: San Diego Regional Economic Development Corporation, 530 B Street, Suite 700, San Diego, CA 92101.