Meanwhile at Gronk Beach Sweepstakes Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Meanwhile at Gronk Beach Sweepstakes (the “Promotion”) is sponsored and operated by Medium Rare Live, LLC (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Meanwhile at Gronk Beach Sweepstakes Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the terms and conditions of the Rules in their entirety, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19).
The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, the continental United States and the District of Columbia, who are twenty-one (21) years of age or older and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Alaska, Hawaii, Tennessee, Puerto Rico, Guam, and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Mr. Robert James “Gronk” Gronkowski (“Personality”), Gronk Endorsements, LLC, the Las Vegas Convention and Visitors Authority (“LVCVA”), the Law Office of Jeffrey B. Gandel, Wynn Las Vegas, LLC (“Wynn”), all sponsors of the Event (as defined below), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim the Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Rules may request a printed copy by writing to: Medium Rare Live, LLC, Meanwhile at Gronk Beach Sweepstakes, 447 Broadway, 2nd Floor #278, New York, NY 10013. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 5:00:00 P.M. Eastern Standard Time (“EST”) on April 14, 2022, and ends at 11:59:59 P.M. EST on April 22, 2022. Entries must be received prior to the expiration of the Promotion Period to be eligible for the Prize.
HOW TO ENTER:
(a) Instagram Entries. In order to enter the Promotion during the Promotion Period via Instagram®, you must first log in to your Instagram® account, or create a new Instagram® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Instagram® account, you must follow the LVCVA Instagram® account “@Vegas” and tag a friend on the designated Promotion post appearing on the Instagram® account page of the Personality, located at @Gronk (“Promotion Post”). Subject to any limitations, terms and conditions set forth in these Rules, upon completion of the aforementioned requirements, you will receive one (1) entry in the Promotion (each, an “Instagram® Entry”).
Each entrant must ensure that her/his Instagram® Entry complies with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses, as well as the FTC’s Do you endorse things on social media? (collectively, the “FTC Guidelines”), by including any necessary caveats and disclaimers including, but not limited, using “#Sweepstakes” with all friend tags/posts. In connection with Instagram® Entries, entrants must at all times comply with Instagram’s® Terms of Service. The LVCVA Instagram® page is the official timekeeper for Instagram® Entries submitted in connection with the Promotion.
Instagram® is a registered trademark of Facebook, Inc. (“Instagram”). The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering the Promotion, you agree to fully release and hold harmless Instagram, as further detailed in the “Release” Section below.
(b) Alternative Means of Entry. As a free alternative means of entry in the Promotion, prospective entrants may go to the Promotion web page located at: http://gronkbeach.com/vegas (the “Site”) and complete the Promotion entry form. In order to complete the Promotion entry form on the Site, each entrant must include the entrant’s: (i) full name; (ii) mailing address; (iii) e-mail address; (iv) date of birth; and (v) any other information requested on the Promotion entry form (collectively, “AMOE Registration Data”). Upon successful submission of the AMOE Registration Data, each individual shall receive one (1) entry in the Promotion (each, an “AMOE Entry,” and together with the Instagram® Entries, the “Entries”).
IDENTIFICATION OF ENTRANTS:
Each Instagram® Entry will be identified by the applicable entrant’s Instagram® address, and each AMOE Entry will be identified by the applicable entrant’s e-mail address, as same are collected and stored in the Promotion Database. For purposes of these Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 P.M. EST on April 22, 2022.
HOW TO WIN THE PRIZE:
Within thirty (30) days of the end of the Promotion Period, the Sponsor will randomly select one (1) entry from the Promotion Database as the potential Prize winner (“Winner Selection”). The potential Prize winner will be notified via e-mail within ten (10) days after Winner Selection.
PRIZE WINNER VERIFICATION AND ELIGIBILITY:
The potential Prize winner shall be subject to eligibility verification. The potential Prize winner must comply with these Rules. Failure to do so may result in forfeiture of the Prize in its entirety. The potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), as well as a liability, image and publicity release for the guest of the potential Prize winner (where such release may contain provisions relating to exposure to COVID-19 at the Event), and return such Affidavit within five (5) days following attempted notification. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. Potential Prize winners may also be required to submit to a confidential background check to confirm eligibility and ensure the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Covered Parties (as defined below) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Covered Parties as determined by Sponsor in its sole discretion, and, in such event, the Prize(s) may be forfeited.
Non-compliance by the potential Prize winner within this time period may result in forfeiture of the Prize, with an alternative potential Prize winner selected. The return of the Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall any Covered Party be liable in any manner where the potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from the potential Prize winner within the required response period. The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor in order for the Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
(a) Prize. The Prize winner will receive a trip to attend Gronk Beach 2022 event at Encore Beach Club in Las Vegas, NV (the “Event”), consisting of the following: (i) coach class, roundtrip airfare for the Prize winner and one (1) guest from the major U.S. airport nearest the Prize winner’s residence within the continental United States, to Las Vegas, NV; (ii) hotel accommodations for the Prize winner and one (1) guest (one (1) room, double occupancy) for one (1) night at Resort World Hotel in Las Vegas on April 29, 2022; (iii) two (2) general admission tickets for the Event to be used by the winner and one (1) guest (“Tickets”); and (iv) an in-person meet and greet with the Personality on the day of the Event (collectively, the “Prize”).
(b) Approximate Retail Value. The approximate retail value (“ARV”) of the Prize is Four Thousand Five Hundred Dollars ($4,500.00). The Prize winner will not receive the difference between the actual Prize value and the ARV.
(c) Prize Terms and Conditions. The specifics of all aforementioned elements of the Prize shall be determined in the sole and exclusive discretion of Sponsor. Some restrictions may apply. Sponsor will determine (and, where applicable, book) travel dates, airline, flight itinerary and hotel accommodations in its sole and exclusive discretion. The Prize winner and travel companion must travel the same itinerary on the dates and/or times specified by Sponsor, or the Prize will be forfeited in its entirety. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Rules, as well as those established by the applicable airline carrier of choice as detailed in the passenger ticket contract. If the Prize winner is unable to utilize the Prize travel and/or accommodations during the applicable time period, the Prize winner shall forfeit the Prize in its entirety and an alternate winner may be selected, in the sole discretion of Sponsor. The Prize winner and travel companion are solely responsible for obtaining any identification documents necessary for domestic travel. The travel companion selected by the Prize winner must be at least twenty-one (21) years of age or older. If the Prize winner’s travel companion fails to obtain such documents by the date and/or time of travel, then the Prize winner may forfeit the right to bring that travel companion. The Prize winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and the Prize winner hereby acknowledges that Sponsor will not obtain nor provide travel insurance or any other form of insurance Any Tickets that are not redeemed on the day of the Event (i.e., April 29, 2022) will be deemed forfeited and non-refundable. Scheduled artists, sponsors and scheduled activities in connection with the Event are subject to cancellation or change. Prize winner and guest must arrive at Encore Beach Club on April 29, 2022 for admission before 4:00 p.m. or the Tickets will be forfeited. The Prize winner must be present with their guest at time of entry. To redeem the Tickets, Prize winner and guest must go to the VIP entry line outside of Encore Beach Club, inform the Encore Beach Club personnel they won this Prize and provide a matching valid government issued ID. All guests must be at least twenty-one (21) years of age and have a valid government issued ID. Additional Encore Beach Club terms and conditions may apply, including, without limitation, the Zero Tolerance Policy and dress code. Access to a table, gratuity, food, beverages, taxes and fees are NOT included. Tickets are non-transferable and have no cash value. For more information about Encore Beach Club and its policies please visit https://www.wynnsocial.com. This Prize is subject to all applicable federal, state and local laws and regulations. Management reserves all rights.
Additional activities and features may be made available to the Prize winner and guest for free. Incidentals, tips, telephone calls and any other personal expenses incurred during the trip are the responsibility of the Prize winner and guest, as applicable. Other than as expressly set forth above, or otherwise as included in the tickets to the Event, the Prize does not include transportation, spending money, or food or drink. No part of the Prize, including the two (2) tickets to the Event, is transferable or may be converted to a cash payment, resold, included in a separate promotion, or otherwise distributed to any member of the general public.
(d) Force Majeure. The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor (collectively, “Force Majeure Events”).
ODDS OF WINNING THE PRIZE:
The odds of winning the Prize depend on the number of entrants participating in the Promotion during the Promotion Period, but can be calculated by dividing the number of Prizes (one) by the total number of Entries received.
To request written confirmation of the Prize winner, send a self-addressed stamped envelope to: Medium Rare Live, LLC, Meanwhile at Gronk Beach Sweepstakes, 447 Broadway, 2nd Floor #278, New York, NY 10013.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. Sponsor reserves the right to withhold taxes from the winning Prize, as appropriate. Sponsor will issue a form 1099-MISC for the Prize winner in the amount of the Prize.
NO SUBSTITUTION OF WINNER:
The Prize is non-transferable, and no substitution or transfer of the Prize will be accommodated or permitted, other than as expressly set forth herein or in the sole discretion of Sponsor. Sponsor reserves the right to substitute the Prize, or any portion thereof, for a substitute of equal or greater value for any reason.
Promotion entry constitutes permission for Sponsor and LVCVA to use entrants’ names, likenesses, biography and voice for advertising and promotional purposes without further compensation, excluding where prohibited by law.
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Personality, Gronk Endorsements, LLC, the Law Office of Jeffrey B. Gandel, LVCVA, Instagram, Wynn and all other sponsors of the Event and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prize, and all associated travel) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Rules. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Promotion, the Prize, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in their respective sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
The Promotion is in no way sponsored, endorsed or administered by, or associated with, LVCVA.