NESN Jamaica Escape Sweepstakes Official Rules

Jamaica Escape Sweepstakes

(the “Sweepstakes”)
Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

By participating in the Sweepstakes, you agree to abide by these official rules (these “Rules”), which are a contract, so read them carefully before participating. This contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies, as well as your agreement that all disputes relating to the Sweepstakes will be resolved solely by binding arbitration.

SPONSOR

The Sweepstakes is sponsored by the Jamaica Tourist Board with offices at 64 Knutsford Boulevard, Kingston 5, Jamaica W.I. (the “Sponsor”).

Eligibility

The Sweepstakes is open to all legal residents of the 48 contiguous United States (including Washington, D.C.) who are 21 years of age or older. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. Employees, officers and managers/directors of New England Sports Network Limited Partnership (“NESN”), Boston Professional Hockey Association d/b/a Boston Bruins (the “Bruins”), the Boston Red Sox Baseball Club Limited Partnership (the “Red Sox”), and each of their respective Affiliates (defined below), sponsors, advertising or promotion agencies, and any of their immediate family members, regardless of where they reside, or those living in the same household, whether or not related, are not eligible to enter the Sweepstakes or to redeem the Prize (defined below). “Affiliate” means, with respect to a party, any individual or entity controlled by, controlling or under common control with, such party. Each person that is eligible to participate in the Sweepstakes in accordance with this paragraph shall be referred to as an “Eligible Person.”

HOW TO ENTER TO WIN

1. Online Entry: Visit NESN.com/Jamaica (the “Site”) to find the sign-up page. Enter the requested information and click “submit” to be entered into the Sweepstakes (an “Online Entry”). To be eligible, Online Entries must be received between 5:00 PM Eastern Time (“ET”) on Monday, February 1, 2021 and 9:00 AM ET on Monday, March 1, 2021 (the “Entry Period”). Online Entries received outside the Entry Period are ineligible and void. Use of the Site is governed by NESN’s Terms of Use and Privacy Policy available at: https://nesn.com/terms-of-use/ and https://nesn.com/privacy-policy/, respectively.

or:

2. Mail-in Entry: An Eligible Person who wishes to enter the Sweepstakes but does not wish to sign-up on the Site (a “Mail Entrant”) can hand-write (a) his or her name, mailing address (including city, state and zip code), and day telephone numbers (including area codes), and (b) the statement “I acknowledge that I have read, understand and agree to the 2021 Jamaica Escape Sweepstakes Official Rules” on a 3” x 5” card and mail it in a stamped envelope addressed to (such entry, a “Mail-in Entry”): 2021 Jamaica Escape Sweepstakes, 480 Arsenal Way, Watertown, MA 02472. To be eligible, Mail-in Entries must be postmarked no earlier than February 1, 2021 and received by March 1, 2021 (“Mail-in Entry Period”). Persons who submit Online Entries may not submit Mail-in Entries and vice versa. Incomplete or inaccurate Mail-in Entries are void. Sponsor andNESN will use the Mail Entrant’s contact information solely for Sweepstakes administration purposes. Mail-in Entries must be received by NESN during the Mail-in Entry Period to be valid.

Online Entries and Mail-in Entries received in accordance with these Rules will each be referred to as a “Sweepstakes Entry.” Only one (1) Sweepstakes Entry will be accepted per e-mail address (with respect to Online Entries) or phone number (with respect to Mail-in Entries) during the Online Entry Period or Mail-in Entry Period, as the case may be. For purposes of this Sweepstakes, “day” means 12:00 a.m. ET through 11:59 p.m. ET, except that, solely with respect to Online Entries, the “day” of Monday, February 1, 2021 shall mean 5:00 p.m. ET through 11:59 p.m. ET. The Sponsor’s computer will be the official clock of the Sweepstakes. Additional Sweepstakes Entries beyond the specified limit will be void and not counted. Neither NESN nor Sponsor is responsible for lost, misdirected, illegible, damaged or undelivered Sweepstakes Entries. Sweepstakes Entry materials/data that have been tampered with or altered, mass Sweepstakes Entries or Sweepstakes Entries generated by scripts, macro or other automated means or with the intent to affect the integrity of the Sweepstakes are void and will be disqualified.

SWEEPSTAKES DRAWING

One (1) grand prize winner will be selected in a random drawing on or around March 2, 2021 from among all eligible Sweepstakes Entries received by NESN (the “Drawing”). After verifying such winner’s eligibility under these Rules, Sponsor will confirm such winner’s status as the “Winner.” The Winner may be required to submit his or her valid social security number or other identification to the Sponsor and NESN to confirm eligibility. Decisions of the Sponsor regarding the Sweepstakes and the selection of the Winner are final.

SWEEPSTAKES PRIZE

The Winner will receive one (1) Jamaica Vacation package for the Winner and one (1) guest that includes two (2) round-trip economy air tickets from a major airport closest to the Winner’s home residence to Jamaica along with a 4-night all-inclusive stay for two (2) people at Moon Palace Jamaica Resort (one room, double occupancy) and airport ground transfers in Jamaica (the “Prize”). The odds of winning the Prize depend on the number of Sweepstakes Entries received from Eligible Persons. The Prize will be fulfilled solely by the Sponsor.

The approximate retail value (ARV) of the Prize is $3,200. Actual value of the Prize may vary depending on exact itinerary and based on fluctuations in price for any portion of the Prize at time of booking. Any difference between the stated ARV and actual value of the Prize will not be awarded. The Winner is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes) incurred in connection with the Winner’s redemption of the Prize. All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize, or additional costs due to reserving any higher priced package or any fee applied as a result of a change in the reservation, are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no substitutions for cash or any other item. The Sponsor reserves the right to substitute the Prize with a prize of comparable or greater value at its sole and absolute discretion.

The Prize must be redeemed and used by December 15, 2021. Reservations are based on availability and blackout dates may apply. The Winner’s guest will be required to sign a Travel Companion and Publicity Release form, and the Winner and guest must travel together on the same itinerary, and each are responsible for securing valid passports and/or any additional required travel document, including COVID-19 testing and Jamaica Travel Authorization Forms as required at their sole expense prior to travel.

PRIZE WINNER NOTIFICATION

The Winner will be notified by e-mail or phone call (using the e-mail address and/or phone number provided on the Winner’s Sweepstakes Entry) promptly following the Drawing, and given instructions on how to claim the Prize (“Winner Notification”). The Winner will be required to execute, have notarized and return an affidavit of eligibility and release of liability provided by NESN (the “Affidavit”) within two (2) days following notification in order to claim his or her Prize. Failure to timely provide any identification or return any required documentation may result in disqualification and Prize forfeiture. If, for any reason, (i) the Winner is not an Eligible Person or NESN is unable to establish contact with the Winner within five (5) calendar days from the first notification attempt or to timely confirm such Winner’s eligibility in accordance with these Rules, or (ii) unable or unwilling to timely return all identification and documentation required by NESN or the Sponsor in accordance with these Rules (including the Affidavit), then the Sponsor reserves the right to select or not select an alternate winner.

TAXES

All federal, state, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses (such as those associated with the use of the Prize) not identified in these Rules are the sole responsibility of the Winner, and the value of the Prize may be deemed ordinary income to the Winner. The Winner should consult his or her personal tax advisor regarding redemption of the Prize. The Winner may be required to provide NESN and the Sponsor with valid identification and a valid taxpayer identification number or social security number before the Prize is awarded. Eligible Persons winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the Internal Revenue Service.

THIRD PARTY MARKETPLACES

The Sweepstakes is being offered by the Sponsor only and not by NESN, nor is the Sweepstakes being offered by Apple, Inc. (“Apple”), Facebook, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), Instagram, Inc. (“Instagram”), Google, Inc. or any other third party through which you may have accessed the Site or the NESN app (collectively, “Marketplaces”). The Marketplaces are not responsible for the Sweepstakes and have no obligation to you whatsoever with respect to the Sweepstakes. Without limiting the foregoing, the Marketplaces are not responsible for addressing any claims by you or any third party relating to the Sweepstakes, including anything related to these Rules or the Prize. The Marketplaces do not, in any way, sponsor, endorse or administer the Sweepstakes.

WAIVER OF LIABILITY/PUBLICITY RELEASE

Sweepstakes entrants and participants (collectively, “Participants”) may not take actions that are negligent, injurious or reckless in connection with the Sweepstakes or the redemption of the Prize. Participants who do not follow this rule or who otherwise participate in the Sweepstakes in an unsportsmanlike manner will be barred from participation in the Sweepstakes and the redemption of the Prize. Participants are solely responsible for any injuries or other damages that are caused from their behavior.

By participating in the Sweepstakes, each Participant agrees to (i) comply with these Rules and the decisions of the Sponsor, which are binding and final, and (ii) to the extent permitted by law, waive and fully, completely and forever release and discharge the Sponsor, NESN, the Bruins, the Red Sox, the Marketplaces, and each of their respective Affiliates, officers, directors/managers, employees, agents, representatives, sponsors, advertising and promotion agencies, dealers, distributors, suppliers and Prize providers (collectively, “Released Parties”), for any injury, death, damage or loss (including, without limitation, direct, indirect, incidental, consequential or punitive damages) to persons or property, as well as all claims or actions based on publicity rights, defamation or invasion of privacy, that may arise (including attorney’s fees), directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the acceptance, receipt, use or misuse of the Prize or any travel or activity related to the acceptance, receipt, use or misuse of the Prize. By participating in the Sweepstakes each Participant gives his or her express permission to be contacted by NESN or the Sponsor by telephone, e-mail or postal mail for Sweepstakes administration and related purposes. The Winner, by acceptance of the Prize, grants to NESN, the Sponsor, and their respective Affiliates and agents the perpetual right to publicize, publish, use, reproduce, broadcast or otherwise transmit, distribute, create derivative works of, publicly perform or display worldwide in all media the Winner’s full name, address (city and state of residence), photograph, portrait, picture, voice, biographical information, statements or other likeness and Prize information for advertising, promotional, trade or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, review, permission, approval, or notification, unless prohibited by law.

DISCLAIMERS

Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled Sweepstakes Entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Rules, in any Sweepstakes-related or advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Sweepstakes Entries, the announcement of the Prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, tampering, hacking, or by any equipment or programming associated with or used in the Sweepstakes. Released Parties are not responsible for injury or damage to Participants’ or to any other person’s computer or wireless device related to or resulting from participating in the Sweepstakes or downloading materials from any e-mail, application or website associated with the Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes vote or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any Participant or any representative of NESN or the Sponsor or who are in violation of these Rules, as solely determined by NESN or the Sponsor, will be disqualified and all associated Prize claims will be void. Any attempt to deliberately damage the content or operation of the Sweepstakes is unlawful and subject to legal action by NESN, the Sponsor or their respective agents. The Sponsor shall have the right to disqualify any Participant for violation of these Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Each Participant acknowledges that none of the Released Parties has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. NESN’s or the Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of such term.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NESN OR THE SPONSOR WILL DISQUALIFY ANY PARTICIPANT RESPONSIBLE FOR THE ATTEMPT, AND NESN, THE SPONSOR AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of dispute as to the qualification of any Sweepstakes Entry (and, consequently, any Winner resulting therefrom) based on competing claims as to the true identity of the Participant identified in such Sweepstakes Entry will be declared made by the e-mail address (with respect to Online Entries) or the phone number (with respect to Mail-in Entries) submitted at the time of entry, as the case may be, provided the Authorized Account Holder is eligible to participate in this Sweepstakes at such time in accordance with these Rules. The “Authorized Account Holder” is (i) in the case of Online Entries, the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address, and (ii) in the case of Mail-in Entries, the natural person to whom the applicable telephone or cellular service provider or other organization (such as a business or educational institution) has assigned the phone number submitted in the Mail-in Entry.

DISPUTE RESOLUTION & GOVERNING LAW

As a condition to participating in the Sweepstakes, each Participant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to the Sweepstakes, or any Prize awarded (each, a “Claim”), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) exclusively settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, your rights and obligations, or the rights and obligations of the Sponsor or NESN in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

LIMITATION OF LIABILITY

BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

GENERAL TERMS

The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. All Participants agree to waive any rights to claim ambiguity of these Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on an applicable website, these Rules shall prevail, govern and control and the discrepancy will be resolved in the Sponsor’s sole and absolute discretion.

The Sponsor reserves the right, in its sole discretion, to (i) cancel or suspend the Sweepstakes (or any portion thereof) should unauthorized human intervention or other causes corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof), and (ii) modify these Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. In the event that the Sweepstakes is challenged by any legal or regulatory authority, the Sponsor reserves the right to discontinue or modify the Sweepstakes or to disqualify Participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Participant who is disqualified due to such an action.

The headings to these Rules are for convenience only, and are to be of no force or effect in construing or interpreting any of the provisions of these Rules. Unless the context of these Rules clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, and the part the whole, (b) references to any gender include all genders, (c) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (d) “include”, “includes” and “including” are not limiting and has the inclusive meaning frequently identified with the phrase “including, but not limited to,” or “including, without limitation,” and (e) “hereunder,” “herein,” “hereto” and “hereof” relate to these Rules.

WINNER LIST

To obtain the name of the winner, mail a stamped, self-addressed envelope (to arrive by September 30, 2021) to: Jamaica Escape Sweepstakes Winner List c/o Finn Partners, Inc, 301 E. 57th Street, NY, NY 10022 Attn: Terry Ferraro. Residents of Vermont with a return address in Vermont may omit the return postage on their request.

USE OF DATA

Please refer to the NESN’s privacy policy on www.nesn.com/privacy-policy/ for important information regarding the collection, use and disclosure of personal information by NESN.

Without limiting the foregoing, by participating in the Sweepstakes and providing your personal data, you hereby acknowledge and agree to the Sponsor’s collection and usage of your personal information and also agree that the Sponsor may communicate with you regarding future promotions and marketing offers. Participants can withdraw their consent to the foregoing sentence at any time by unsubscribing to any of the Sponsor’s future communications or by sending an e-mail to info@visitjamaica.com and requesting their personal data be removed.

FORCE MAJEURE

The failure to comply with any provision of these Rules due to an act of god, hurricane, war, terrorism, fire, riot, earthquake, epidemic, actions of governmental authorities or similar causes outside the control of NESN or the Sponsor shall not be considered a breach of these Rules.