NO PURCHASE NOR BEACHLY MEMBERSHIP REQUIRED TO ENTER OR WIN, AND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT WON YET.
TO COMPLETE YOUR ENTRY, YOU MUST ALSO FOLLOW THE POSTING RULES LISTED ON EITHER INSTAGRAM OR FACEBOOK.
These Official Rules apply to the Beachly Meliá Punta Cana Beach Giveaway to be held from September 4th, 2023 to November 15, 2023, with the official drawing to take place on or about November 17, 2023 (the “Giveaway”).
You may enter by (1) posting to your publicly available Instagram or Facebook account a photo or video of any or all of the products included in the Beachly Fall 2023 Box, (2) tagging @Beachly and @meliapuntacanabeach, and (3) using the hashtags #BeachlyTribe and #MeliaPuntaCanaBeach on your post, (4) follow both @beachly and @meliapuntacanabeach on Instagram if sharing your photo or video on Instagram.
COMPLETE YOUR ENTRY BY SCANNING THE QR CODE OR VISITING MELIARESORT.BEACHLY.COM AND FILLING OUT THE ENTRY FORM. All entries must be posted between 12:00 a.m. PT on September 4th, 2023, and 11:59 p.m. PT on November 15, 2023 (the “Entry Period”). There is no limit to the number of entries per person; provided, however, that each post must be unique and automated generation of posts is not permitted.
8. Entering Without Membership or Purchase: Non-Beachly-members are welcome to enter and no purchase of any kind is required to do so. Simply share any existing post or create a post using images of the Beachly Fall 2023 Box, and include the required tags and hashtags (as set out under “How to Enter” above) with your post.
9. Selection of Winners: After the end of the Entry Period, a Beachly representative will select the winner by a random selection process. If Beachly determines that the person whose entry is selected was not eligible to enter the drawing, if the person drawn refuses to accept the Prize or fails to complete the eligibility requirements described in “Additional Eligibility Requirements” in Section 4 above, or if the person whose post is selected cannot be contacted or identified, Beachly will conduct a subsequent random drawing from all remaining eligible entries to select an alternate winner. The winner will be contacted via the method of entry (for example, direct message to their Instagram account if the winning entry is an Instagram post).
10. Third Party Intellectual Property: Any entrant who incorporates any intellectual property or material owned by a third party into his or her submission does so at his or her own risk. If Beachly is notified that any element of an entrant’s submission infringes upon the rights of another person, such submission may be disqualified from the Giveaway in Beachly’s sole discretion.
12. Giveaway Sponsor and Winner Information: This Giveaway is sponsored by: Retention Brands WV, LLC “Beachly” located at 415 N. Mission Rd., Los Angeles, CA 90033. Except as limited by law, the names of winners will be available upon request, at no charge, by contacting Beachly at firstname.lastname@example.org, or by sending a self-addressed stamped envelope to Beachly at the address above, Attn: Giveaway.
13. Additional Agreements/Waivers: By entering the Giveaway, each entrant agrees (a) to be bound by these Official Rules and to interpretation of these rules by Beachly and (b) that Beachly, the Resort, and its agents, affiliates, representatives, and employees will have no liability whatsoever for any injuries, losses or damages of any kind resulting from acceptance or use of the Prize(s). Except as prohibited by law, each winner also consents, by entering the Giveaway and without further compensation, to Beachly’s use and publication of the winner’s name, photograph, likeness, biographical information, and details of winning for Beachly’s advertising, promotional, or regulatory purposes. Each winner also agrees that Beachly may provide the winner’s name, phone number, email address, mailing address and/or other information to third parties as needed to fulfill the Prize(s). Giveaway void where prohibited by law. In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Giveaway is unable to run as planned for any other reason, as determined by Beachly in its sole and absolute discretion, Beachly may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules, (b) terminate the Giveaway and, in the event of termination, award the Prize at random from among the eligible, non-suspect entries received in such Giveaway up to the time of the impairment, or (c) in the case of any force majeure event including, without limitation, acts of God, war, government regulation or advisory, acts and/or threats of terrorism, civil disorder, fire, flood, explosion, earthquake, epidemic, pandemic, major accidents or other calamity or casualty, curtailment of transportation facilities, or any other cause or circumstance beyond Beachly’s control, making it illegal or impossible to conduct the Giveaway, Beachly may terminate the Giveaway in its sole discretion. Beachly reserves the right in its sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Beachly reserves the right to change, modify, or extend the Entry Period if it should be deemed necessary. Failure by Beachly to enforce any provision of the Official Rules shall not constitute a waiver of that provision. Winner and Winner’s guest must have a valid passport, identification and documentation to travel to the Dominican Republic and must comply with all legally-mandated requirements to travel. Beachly is not responsible for Winner’s failure to obtain any required or requested documentation, identification or permission to travel to or from the Dominican Republic.
14. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
YOU AND Beachly MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION IN THE STATE OF CALIFORNIA. This will prohibit you and Beachly from bringing any class, collective, or consolidated proceeding against each other, and will also prohibit you and Beachly from participating in or recovering relief under any current or future such actions brought by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND BEACHLY ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THE GIVEAWAY/
Opt-Out. YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO MARKETING@BEACHLY.COM (“OPT-OUT NOTICE”) OR VIA US MAIL TO: BEACHLY, 2110 SOUTH COAST HWY, SUITE O., OCEANSIDE, CA 92054 USA. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ENTER THE GIVEAWAY.
In order to opt-out, you must include in your Opt-Out Notice your name, address (including street address, city, state, and zip code), and email address(es) or social media handle used to enter the Giveaway and an unaltered digital image or copy of a valid driver’s license or government-issued ID which matches the name you provide. Each opt-out notice may opt out only one person; opt-out notices that attempt to opt out multiple people at the same time will be ineffective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out, all other parts of these Official Rules and any other agreements between you and Beachly will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
15. Severability. If any provision of the Official Rules is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from these Official Rules, (2) the remainder of the Official Rules will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Official Rules.