Holidays For Your Heroes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

1. Introduction/Eligibility

The “Holidays for Your Heroes” campaign (the "Promotion") is governed by the following Official Rules. By submitting an entry, each Participant agrees to the terms and conditions set forth in these Official Rules.

Each Participant or person nominated by a Participant (each a "Nominee") must be: (i) 18 years or older, and (ii) an individual who currently works on the frontline to support the COVID-19 crisis and this is including and not limited to healthcare workers, service workers, restaurant/takeout/delivery services. Employees, contractors, directors and officers of Karisma Hotels & Resorts and each of its affiliated and related entities and their respective affiliates and their immediate family members (parent, child, sibling and spouse of each, regardless of where they reside) and individuals living in the same household (whether related or not) are not eligible to participate.

2. Promotion Sponsor and Administrator

The sponsor of the Promotion (the "Sponsor") is:

FUNDACIÓN KARISMA, A.C.

c/o CEDAR CREEK INTERNATIONAL LTD.

Avenida Lope de Vega No. 19

Edificio PIISA B, suite 301

Ensanche Naco, AP 10122

Santo Domingo, República Dominicana

3. Promotion Duration

The Promotion will begin on May 4, 2020 at 8:00 a.m. (Eastern Time) and will end at 11:59 p.m. (Eastern Time) on June 30, 2020 (the "Promotion Period").  The Eastern time zone (New York time zone) will be the official time for purposes of the Promotion and will be the time as kept on the servers hosting the Promotion.

4. How to Enter

No purchase necessary.  Participants may enter in any one of the following ways:

1. "Nominate Your Hero": During the Promotion Period, a Participant may nominate an individual that satisfies the eligibility requirements as a participant in the Promotion by completing the online "Nominate Your Hero" form found at https://www.karismahotels.com/holidays-for-your-heroes.  The Nominee will receive one (1) entry.  The Participant will be asked for the Nominee's first and last name and a valid, working email address for which the Nominee is the authorized email user, and a brief description of the Nominee's work on the frontline of COVID and why the Nominee deserves a dream vacation.  Alternatively, during the Promotion Period, a Participant may nominate an individual that satisfies the eligibility requirements via Instagram by uploading a post using the tag #HolidaysForYourHeroes and providing a brief description of the Nominee's work on the frontline of COVID and why the Nominee deserves a dream vacation.  LIMIT OF ONE ENTRY PERSON, E-MAIL ADDRESS, INSTAGRAM ACCOUNT OR MAIL-IN ENTRY.

1. "Apply From the Frontline": During the Promotion Period, a Participant that satisfies the eligibility requirements may enter the Promotion by completing the online "Apply From the Frontline" form found at https://www.karismahotels.com/holidays-for-your-heroes.  The Participant will receive one (1) entry.  The Participant will be asked for first and last name, and a valid, working email address for which the Participant is the authorized email user, and a brief description of the Participant's work on the frontline of COVID and why the Participant deserves a dream vacation.  Alternatively, during the Promotion Period, a Participant that satisfies the eligibility requirements may enter the Promotion via Instagram by uploading a post using the tag #HolidaysForYourHeroes and providing a brief description of the Participant's work on the frontline of COVID and why the Participant deserves a dream vacation. LIMIT OF ONE ENTRY PER PERSON, E-MAIL ADDRESS, INSTAGRAM ACCOUNT OR MAIL-IN ENTRY.

10017. Mail-In Entries: During the Promotion Period, a Participant may enter the Promotion sending a standard 4" x  6" postcard with the Participant's or the Nominee's first and last name and a valid, working email address for which the Participant or the Nominee is the authorized email user, and a brief description of the Participant's or the Nominee's work on the frontline of COVID and why the Participant or the Nominee deserves a dream vacation to: Holidays for Your Heroes c/o MMGY, 360 Lexington Avenue, #10, New York, NY 10017.  Mail-in entries must be postmarked within the Promotion Period and must be received no later than seven (7) days after the end of the Promotion Period.

Each Participant or Nominee is limited to a single email address or Instagram account used for entry. Multiple Participants are not permitted to share the email address or Instagram account used for entry. Any incorrect or incomplete entry is void.  Any attempt by any Participant to obtain entries by using multiple/different email addresses, Instagram and other social media accounts, identities, registrations or logins, or any other methods will void that Participant's entries and that Participant will be disqualified from the Promotion.

Online entries may not be made by proxy or use of any robotic, repetitive, automatic, programmed or similar entry methods or agents (including Promotion entry services).  Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including Promotion entry services) will void all entries by that Participant.  In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Participant. 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. Potential winners may be required to show proof of being the authorized account holders.

If, in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by a Participant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

5. The Prize

For those entering and submitting all required information in the Sponsor's online entry form (the "Nominate Your Hero" form or the "Apply from the Frontline" form) or with a timely and valid mail-in entry, there will be a total of 150 prize “Winners” selected and each prize “Winner” will receive a complimentary four-night, five-day vacation for two adults and either: (i) three children ages 12 or under, (ii) one teen, one child under the age of 12, or (iii) two teens – redeemable once travel resumes to the selected destination and is safe again – this includes luxury accommodations at their choice of one of the following properties in Mexico, Jamaica, the Dominican Republic managed by Karisma Hotels & Resorts:  El Dorado Royale by Karisma, Azul Beach Resort Negril by Karisma, Nickelodeon Hotels & Resorts Punta Cana or Margaritaville Island Reserve by Karisma Riviera Cancun.  As a part of their vacations, each Winner and their designated guests will also receive all gourmet food and beverages, 24-hour room service, a full-service concierge, and authentic experiences.  The gourmet food service will include breakfast, lunch, dinner, snacks and beverages for each guest that is part of the Winner's party to be served in the selected hotel's restaurants, bars, in‑room mini-bars, and through 24‑hour room service.  Beverages provided by the selected hotel will include mixed drinks, premium brands, cordials, beer, and house brand wines served by the glass.  Specialty wines will be available at a surcharge.  Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion.

The Approximate Retail Value (ARV) of the Prize is US$3500.  Odds of winning will vary depending upon the number of entries submitted.

The specifics of all aforementioned elements of the prize are solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the prize not specifically addressed above are the sole responsibility of the respective Winner. All federal, state and local taxes on prizes are the prize Winner's responsibility. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Winner. All other expenses not specifically identified as included in the prize are the sole responsibility of the Winner.  Prize cannot be transferred, substituted, or redeemed for cash. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason.

The travel dates are subject to availability and blackout dates apply. Once travel dates are selected, travel must be completed by December 31, 2021. If a “Winner” is unable to fulfill Prize during that time period, such “Winner” forfeits the prize in its entirety and an alternate winner may be selected.

Each Winner and his or her designated guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and Participant's hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Each Winner and his or her designated guests will require a passport and travel visa for any international travel, both of which are the sole responsibility of each Winner and his or her guest.

Once the Winner's designated guests have been selected and submitted to Sponsor, he or she may not be substituted, except at the Sponsor's sole discretion. Each guest of Winner must be at least 18 years of age or older, unless accompanied by his/her parent or legal guardian, and must sign a liability release. If potential Winner's Guest fails to return such documents within date and/or time indicated within such documents, then the potential Winner will be disqualified and an alternate winner will be selected. Except where prohibited by law, the Winner's entry and acceptance of the prize constitutes permission for the Promotion's Sponsor, partners of the Sponsor, and participating entities to use said each Winner's and such Winner's guests' names on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.

6. Selection and Notification of Winners

The prize Winners will be selected in a random drawing from all eligible Participants and Nominees conducted on the Sponsor's behalf through the servers at Random.org or through the servers at PromoSimple's random number generator on approximately July 7, 2020. The determination made by the servers at Random.org or the PromoSimple servers will be final.

The prize Winner will be contacted by email thereafter, and may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted) and tax documents where necessary, and return the same, properly executed, within [seven (7)] days of issuance of prize notification.

If Sponsor is unable to contact the prospective winner or winners within seven (7) days from first notification attempt, if the prospective winner or winners fail to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner will be selected. By accepting the award of the, Winners consent to the use of their name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including online announcements, worldwide and without limitation and without additional compensation, except where prohibited by law.

After notification to the prize Winner, the Winner's name may be displayed in place of the Online Entry Form wherever published, and will be available by contacting the Sponsor at holidaysforyourheroes@karismahotels.com.

7. Privacy

When Participants submit their entries, they may be asked to consent to receive promotional emails and reminders from or about the Sponsor. Consenting to receive such promotional emails and reminders is optional and such consent is not required to be eligible to participate in the Promotion and granting such consent will not improve your chances of winning.  If you do consent to receive those emails, the use of that personal information, and all personal information submitted, will be subject to the privacy policy of the Sponsor, located at: https://www.karismahotels.com/privacy-policy.  Any information that you submit as part of the Promotion will be treated in accordance with such privacy policy.

8. Governing Law

This Promotion is governed by United States law, is subject to the laws and regulations of the contiguous United States, of the District of Columbia, and of the Federal Government, and is void where prohibited. In the event of a dispute arising solely out of this Promotion and the conduct thereof, the Participant agrees that the law of Florida will govern and specifically consents to personal jurisdiction over any such dispute in Florida.   Any claims, judgments, or awards will be limited to actual costs associated with entering this Promotion. The Participant hereby waives any rights or claims to attorney's fees and indirect, special, punitive, incidental, or consequential damages of the Participant, identifiable persons, or third parties, whether foreseeable or not and whether based on negligence or otherwise.

NOTICE OF REQUIRED SIGNATURE AND CONSENT AT CHECK-IN:  Upon arrival at the selected hotel, Winner and his or her guests will be required DURING THE REGISTRATION PROCESS to separately and specifically sign and consent to the following choice of law and forum selection provisions, which shall be included in the Hotel's Terms and Conditions.  If Winner and its designated guests are unwilling to provide such consent, the prize will be forfeited and an alternate winner will be selected.

Choice of Law and Forum Selection: ANY CLAIMS WHATSOEVER ARISING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY PERSONAL INJURY, ILLNESS OR DEATH THAT INCLUDE THE HOTEL, ITS AFFILIATES OR RELATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, LICENSORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, SHALL BE GOVERNED EXCLUSIVELY BY THE LAWS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED.  ADDITIONALLY, ALL SUCH CLAIMS SHALL BE BROUGHT AND LITIGATED SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED.  IT IS HEREBY AGREED THAT THE COURTS OF THE COUNTRY IN WHICH THE HOTEL IS PHYSICALLY LOCATED SHALL BE THE EXCLUSIVE FORUM FOR ANY ACTION, LITIGATION, OR PROCEEDING FOR ALL SUCH CLAIMS.  THE GUEST IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES NOT TO COMMENCE ANY ACTION, LITIGATION, OR PROCEEDING OF ANY KIND WHATSOEVER IN ANY OTHER FORUM.

9. Severability

The provisions of these Rules are severable, and in the event any provision is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

10. Liability Waiver

The Sponsor and other participating vendors (collectively with Sponsor, the "Holiday for your Heroes Entities"), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any telephone networks, computer online systems, computer equipment, server providers, or software, including any injury or damage to Participant's or any other person's computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly, or are incomplete or lost due to computer or electronic malfunctions or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned.

By entering, all Participants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with each Participant's participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer's terms.

Participants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.

The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

11. Contact for Questions

In the event any Participant suspects that a technical error has occurred, believes their entry was not properly submitted, or has other questions about this Promotion and its administration, the Sponsor can be contacted at: Sponsor at holidaysforyourheroes@karismahotels.com.

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By entering, you are agreeing to this application's Terms of Service and Privacy Policy.