BARRY’S AMBASSADOR’S Rosewood Mayakoba Sweepstakes
Last updated: April 11, 2023.
OFFICIAL RULES
No purchase is necessary to enter or win. A purchase will not improve your chances of winning.
Date Last Revised: March 21, 2023
These Rules govern the offering and conduct of chance-based giveaways available on https://www.instagram.com/barrys and other websites or mobile applications operated by Barry’s Bootcamp, LLC, a California limited liability company, with offices at 2214 NW 1st Place, Miami, FL 33127 and its affiliates (collectively, “Barry’s”, “Sponsor”, “we” or “us”). Neither Instagram, nor any other social media platform, is a sponsor of or associated in any way with, or liable for, any giveaway.
ELIGIBILITY: The Barry’s Ambassadors Sweepstakes (“Sweepstakes”) is open only to legal residents of the 50 United States and D.C. who are of eligible age to participate in their jurisdiction and are at least 18 years of age or older. The following are not eligible: officers, directors, and employees of Bary’s (“Sponsor”), its parent and subsidiary companies, and any administrative, advertising, or promotional agency involved in the development, administration, promotion, or implementation of the Sweepstakes, along with members of their immediate families (spouses and/or parents children and siblings, and their spouses, regardless of where they reside) and/or persons living in the same household (whether or not related thereto). Void where prohibited. All applicable federal, state, and local laws apply.
Sweepstakes Period: The Sweepstakes begins on April 11, 2023, at 12:00:01 a.m. Eastern Time (“ET”) and ends on May 15, 2023] at 11:59:59 p.m. ET (“Sweepstakes Period”).
HOW TO ENTER: Visit https://www.barrys.com/privacy-policy/) and follow the on-screen instructions to complete an entry form with the required information. Limit one entry per person/email address.
Entrants are prohibited from using multiple names, email addresses, or other means to enter more than once. Any attempt to do so is grounds for disqualification. Any macro, bot, script, or other automated means to submit entries is prohibited. Proof of submission is not proof of receipt. Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entries will not be acknowledged. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the email address associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address. Judges’ decisions are final and binding on all matters relating to the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: One (1) winner will be selected in a random drawing on or about May 16, 2023. The potential winner will be notified using the contact information supplied 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. Failure to respond to any winner notification within three (3) days may result in disqualification and selection of an alternate winner Each winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where legal) (“Prize Claim Documents”). If a potential winner fails to comply with Sponsor’s requests for Prize Claim Documents, is found to be ineligible, or cannot or does not comply with these Official Rules, he/she may be disqualified, and the prize may be awarded to an alternate winner.
PRIZE: One (1) prize is available: a trip for two (2) persons to Playa del Carmen, Q.R., Mexico scheduled between May 30, 2023, to November 8, 2023. Prize consists of: (a) round trip airline transportation (coach class) for winner and one (1) guest between major U.S. airport nearest winner’s residence and Playa del Carmen, Q.R., Mexico; (b) hotel accommodations in the Wellness Suite or similar category at the Rosewood Mayakoba for four nights; (c) food and beverage for two, excluding alcohol; and d) one spa treatment at Sense, A Rosewood Spa. Approximate Retail Value (ARV): $8,000 (“Prize”).
Any difference between the estimated value and the actual value will not be awarded. All transportation, lodging, meals, and other costs and expenses not otherwise identified herein are the responsibility of the winner. Ground transportation may be substituted for air transportation at Sponsor’s sole discretion if air travel is not required due to winner’s proximity to Playa del Carmen, Q.R., Mexico. Major credit card will be required at hotel check-in to cover any incidental expenses. Winner and travel companion must travel on the same itinerary. Additionally, winner and travel companion may be required to sign an Affidavit of Eligibility, Liability Release, and/or a Publicity Release prior to ticketing (the “Prize Claim Documents”). Any person taking part in the trip who is a minor under the laws of his/her state of residence must be accompanied by a parent or legal guardian who also must execute all documents on behalf of the minor. Winner and travel companion must have all ID and other documents necessary for trave], including but not limited to any required vaccination or proof of negative COVID-19 testing. If winner cannot travel on specified dates, an alternate winner may be selected. Prize availability dates are subject to change. No responsibility is assumed for cancellation or postponement of Prize beyond Sponsor’s control. If Prize is canceled or postponed after travel arrangements are made, Sponsor may substitute a prize of comparable value. Prize is non-transferable and no cash equivalent or substitution of the prize is offered, except at the sole discretion of the Sponsor. Winner is responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of any prize.
ODDS: The odds of winning depend on the number of eligible entries.
PRIZE CONDITIONS: Sponsor may conduct a background check to confirm eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If a potential winner or potential guest has engaged in or does engage in any conduct that could damage the reputation or business of Sponsor, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner, time permitting. Each potential winner and potential guest must also comply with all requirements for proper and appropriate behavior during any prize-related activities or events.. Any inappropriate behavior, as determined by Sponsor in its sole discretion, may result in removal from any activity or event.
RELEASE OF LIABILITY: You agree that the Sweepstakes Entities (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 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.
By entering the Sweepstakes, you further agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of Florida without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in Florida for resolution of any disputes relating to the Sweepstakes and waive any objection thereto. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
ADDITIONAL RULES: No responsibility is assumed for any damage to your mobile device or computer system which is occasioned by participating in the Sweepstakes, or for any computer system, mobile device, hardware, software, or program malfunctions, or other errors, failures, or delays. Without limiting the generality of the foregoing, no responsibility is assumed for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen submissions, prize notifications or other Sweepstakes materials, all of which are void; 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.
Any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike 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, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, 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 unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner from all eligible, non-suspect entries unaffected by the problem.
DATA: By entering, you agree to Sponsor’s manner of collection and usage of any personal information you submit, all of which is subject to Sponsor’s privacy located at https://www.barrys.com/privacy-policy/.
SPONSOR: Barry’s Bootcamp, LLC, a California limited liability company, with offices at 2214 NW 1st Place, Miami, FL 33127, and its affiliates (collectively, “Barry’s”, “we” or “us”). Neither Instagram, nor any other social media platform, is a sponsor of or associated in any way with, or liable for, any Giveaway.
