Entry into this Promotion constitutes your acceptance of these Official Rules.
1. SPONSOR: This 2019 Brochure Sweepstakes (“Sweepstakes”) is sponsored by Northgate Partners, LLC, 38 Commerce Ave. SW, Suite 200, Grand Rapids, MI 49503. (“Sponsor”).
2. WHO IS ELIGIBLE: The Sweepstakes is only open to legal residents of the forty-eight (48) contiguous Unites States and the District of Columbia, excluding residents of Puerto Rico, all U.S. territories and possessions and all overseas military installations, who are at least twenty-one (21) years of age at the time of entry. Employees of Sponsors, affiliates, subsidiaries, director, officers and prize suppliers (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. For the purpose of the Sweepstakes, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law. Limit one (1) entry per person during the Entry Period (defined below). Subsequent attempts made by the same individual to submit multiple entries by using multiple email addresses or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules (defined below) may be disqualified from the Sweepstakes at the sponsors’ sole and absolute discretion. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Sponsors’ satisfaction, the affected entry will be deemed ineligible. The database clock for the booking website will be the official time keeper for this Sweepstakes. Illegible and/or incomplete entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
3. ENTRY PERIOD: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on January 1, 2019 and expires at 11:59:59 p.m. ET on April 1, 2019 (“Entry Period”).
4. HOW TO ENTER: To officially enter the Sweepstakes, Entrants must:
a. Complete a single, paid booking during the Entry Period at any of these six (6) Camp-Resorts (“Camp-Resorts”):
- Yogi Bear’s Jellystone Park™ Camp-Resort in Quarryville, Pennsylvania: 340 Blackburn Road, Quarryville, PA 17566;
- Yogi Bear’s Jellystone Park™ Camp-Resort in Luray, Virginia: 2250 US Highway 211 E, Luray, Virginia 22835;
- Yogi Bear’s Jellystone Park™ Camp-Resort in Hagerstown, Maryland: 16519 Lappans Road, Williamsport, Maryland 21795;
- Yogi Bear’s Jellystone Park™ Camp-Resort at Lazy River: 50 Bevier Road, Gardiner, NY 12525;
- Yogi Bear’s Jellystone Park™ Camp-Resort Hill Country: 12915 FM306, Canyon Lake, Texas 78133;
- Yogi Bear’s Jellystone Park™ Camp-Resort in Kerrville, Texas: 2605 Junction Hwy, Kerrville, Texas 78028; and
b. Enter in the “Comments” section, on the booking website, the 2019 Sweepstakes code located in Sponsor’s 2019 promotional Camp-Resort brochures in order to submit an eligible booking entry (“Eligible Entry”).
In the event of a dispute over the identify of an Entrant, entry will be deemed submitted by the authorized account holder of the email account 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.
5. BINDING AGREEMENT. In order to participate in the Sweepstakes or to win any of the prizes, Entrant must agree to these Official Rules (“Official Rules”). Because these Official Rules form a legally binding agreement with respect to the Sweepstakes, please read them carefully. If Entrant does not agree to the Official Rules, Entrant is not eligible to participate in the Sweepstakes or to win any of the Prizes. Entrant agrees that his/her registration as an individual participant under the Sweepstakes constitutes his/her agreement to these Official Rules.
6. WINNER SELECTION/NOTIFICATION. One (1) Winner from each of the six (6) Camp-Resorts will be selected by a random drawing on April 2, 2019 of all Eligible Entries received by the Entry Period deadline. Potential winners will be notified by the Sponsor and/or Administrator using the contact information provided at the time of entry. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. Winners must respond to the initial notification, according to the instructions provided, within five (5) business days or the Prize may be forfeited and awarded to an alternate entrant.
7. PRIZES: A total of six (6) US$250 Gift Certificates will be awarded (“Gift Certificate” or “Prize”): one (1) Prize will be awarded from each of the Camp-Resorts in paragraph 4 to the guest whose name, email address, and correctly entered brochure code, were applied to a single booking during the Entry Period. Prizes are restricted for use only at the same Camp-Resort as Entrant’s Eligible Entry. Winners selected from each of Sponsor’s Camp-Resorts must use the $250 Prize at the Camp-Resort designated on their Gift Certificate within one (1) year following the Sweepstakes end period. Each Prize is non-transferable, with no cash redemption, equivalents or substitutions except at the Sponsors’ sole and absolute discretion. Any dispute as to the correct person to receive the Prizes will be decided by the Sponsor at its sole discretion. Winner is responsible for all costs and expenses not set forth herein, as well as any federal, state, and/or local taxes imposed as a result of acceptance of prize.
By accepting a Prize – except where legally prohibited – Entrants grant permission for Sponsor and its designees to use Entrants’ name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade, and promotional purposes relating to this Sweepstakes, without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
8. Prize Award: All entries are subject to verification prior to awarding the Prize. Gift Certificates will be awarded within 10 business days of response to the Prize notification. Acceptance and use of a Prize is the responsibility of the winners. Sponsor is not responsible for lost, late, misdirected or stolen mail. Prizes returned as undeliverable will be awarded to an alternant entrant.
9. ODDS: Odds of winning the Prizes depends upon the total number of eligible entries received.
10. WINNERS LIST: For a copy of the winners’ names, send a self-addressed, stamped envelope to: Jellystone Park Brochure Sweepstakes Winner, 38 Commerce Ave. SW, Suite 200, Grand Rapids, MI 49035. Requests must be received by July 2, 2019.
11. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes are impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsors may, in their sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the Prizes at random from among the Eligible Entries received up to the time of the impairment. Sponsors reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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 here.
12. NO WARRANTY: ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
13. GOVERNING LAW/JURISDICTION: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the State of Michigan. All applicable federal, state, and local laws and regulations apply.
14. ADDITIONAL RULES: Entry data that has been tempered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems; or (iii) any injury or damage to entrant’s or any other person’s mobile device or computer related to or resulting from participating in the Sweepstakes. The date and time of entry receipt shall be determined by the official clock on the website. Submitted materials become the sole property of Sponsor and will not be acknowledged or returned. If the Sweepstakes is terminated before the end date, Sponsor will determine the winners from all eligible entries received as of the termination date.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CRIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW.
By participating, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of the Sponsor and Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official rules may result in disqualification form the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If the Sweepstakes is terminated before the end date, Sponsor will determine the winner from all eligible entries received as of the termination date.
15. RELEASE OF LIABILITY: By participating, Entrants release and hold harmless the Sponsor and Administrator, and their parent companies, subsidiaries, affiliates, partners, employees, directors, agents, and all others associated with the development and execution of this Sweepstakes from any and against any and all injury, loss or damage caused or claimed to be cause by Entrants’ participation in the
Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and Entrant agrees that these entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize except as expressly providing in these Official Rules. By participating, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant 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 damages for actual out-of-pocket expenses; and (d) these Official Rules and all disputes shall be governed by the internal laws of the state of Michigan; without regard to the principles of conflicts of laws, and disputes shall be resolved exclusively in the state or federal courts in the state of Michigan, and Entrant expressly consents to the jurisdiction of said courts and waives any objection thereto. For New Jersey residents, the limitations set forth are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
Opt-Out from Sweepstakes: After completing the booking purchase, Entrants that wish to be removed from the Sweepstakes entry list and decline the chance to win a Prize can email firstname.lastname@example.org and include: “2019 Brochure Sweepstakes Opt-Out” in the subject line along with their first and last names and email address in the body of the email.
17. TAXES: All taxes and other expenses not specified herein, including federal, state, and local, are the sole responsibility of the Prize winner, as well as compliance with any federal, state, and local laws and regulations applicable to the Prize winner.