NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. Entering Sweepstakes and Choosing and Contacting Winners
The "Win an Eco-Resort Vacation" Sweepstakes (henceforth "Sweepstakes") is sponsored by the Foundation for National Progress (the "Sponsor").
The Sweepstakes runs for seventy eight (78) days beginning at 12:01 AM Pacific Time on May 15, 2012, and ending at 11:59 PM Pacific Time on July 31, 2012 (the "Promotion Period"). All entries must be submitted during the Promotion Period via MotherJones.com to be eligible for the Sweepstakes drawing. At the end of the Promotion Period, a random drawing will be conducted to select one (1) Grand Prize winner from among all eligible entries received, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
The Sweepstakes is open to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age at the time of entry. Officers, directors and employees of Sponsor, and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities collectively referred to herein as the "Promotion Entities"), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.
Entry must be made by the entrant, only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
2. Awarding Prizes
At the end of the Promotion Period, the winner will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner will be notified by telephone and/or mail and/or e-mail using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within ten (10) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
One (1) Grand Prize is available. The Grand Prize consists of seven (7) continuous nights at the Playa Viva resort in Zihuatanejo, Mexico for Winner and one (1) guest, and includes (i) round trip airfare to Ixtapa-Zihuatanejo International Airport from any of the 50 United States as more fully set forth below; (ii) seven (7) nights’ hotel accommodations for the Grand Prize winner and his or her travel companion (single room, double occupancy) at the Playa Viva resort; (iii) ground transportation to and from Ixtapa-Zihuatanejo International Airport (iv) all meals, all snacks, all non-alcoholic beverages, a daily yoga class (except Sunday), and (v) Wi-Fi in resort common area. The approximate retail value ("ARV") of the Grand Prize is $4,973.75.
Dates when prize may be used: Prize must be fully used by December 15, 2013 (with all travel completed by that date). Prize is valid ONLY during dates when Playa Viva offers High and Low Season rates. The prize is NOT valid on dates that Playa Viva offers Holiday Season rates. Holiday Season rates are generally offered on the following dates: Christmas week, the week prior to Christmas, New Year’s week, Easter week, and the week prior to Easter. However, Holiday Season rates are not limited to these dates and may be offered during other times at the sole discretion of Playa Viva. For more information, please see booking calendar at PlayaViva.com.
Prize will be awarded as follows:
Accommodations: After proper verification, has been provided, the Foundation for National Progress will supply the Winner with information on how to reserve accommodations at Playa Viva resort. The Foundation for National Progress will supply this information over email within seven (7) days of verification.
Airfare: Winner will be responsible for booking their own round-trip airplane tickets to Ixtapa-Zihuatanejo International Airport. The Winner will send an official receipt to the Foundation for National Progress, which will reimburse Winner up to $1850 total. Any additional airfare fees in excess of the $1,850 will be the sole responsibility of the Grand Prize winner. Reimbursement will be via check, sent to Winner within thirty (30) days of date receipt is received. Reimbursement will cover airfare and associated taxes only. The Foundation for National Progress will only reimburse the cost of airplane tickets that are for exactly eight (8) days, the length of the stay at Playa Viva. The Foundation for National Progress will only make one reimbursement. The Winner will by solely responsible for the cost of any changes, cancellations, or modifications to the airplane tickets. The Grand Prize winner’s travel companion must be eighteen (18) years of age or older, or if such travel companion is under the age of majority in his or her state of residence (a "minor"), the Grand Prize winner must be such minor’s parent or legal guardian, such minor must travel with the written permission of such parent or legal guardian in form and substance acceptable to sponsor in its sole discretion. If the Grand Prize winner is a minor, his or her travel companion must be his or her parent or legal guardian, or the Grand Prize winner must travel with the written permission of his or her parent or legal guardian in form and substance acceptable to sponsor in its sole discretion. The Grand Prize winner and his or her travel companion must travel together on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. The ARV for travel prizes is an estimate made before the Sweepstakes begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents (as defined below) and/or other travel documents. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion/s home with no further compensation.
Transfer of prize: Prizes will be awarded only if the/each potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The Grand Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The Grand Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected. The Grand Prize winner’s travel companion must sign an Affidavit of Eligibility and a Liability Release prior to any travel documents being released. Note: Playa Viva’s accommodations are not handicapped-accessible. Should Winner be unable to stay at Playa Viva due to handicap, the Foundation for National Progress will allow Winner to transfer their prize to another party.
Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The "Win an Eco-Resort Vacation" Sweepstakes Winners List, c/o Mother Jones, 222 Sutter Street Suite 600, San Francisco, CA 94108. All such requests must be received within six (6) weeks after the end of the Promotion Period.