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The OWA Kayak Sweepstakes Promotion Official Terms and Conditions

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
MUST BE A MEMBER OF THE OWA LOYALTY PROGRAM TO PARTICIPATE.
Promotion Administrator.

The designated administrator of the OWA Loyalty Program Kayak Sweepstakes Promotion is the head of the Sponsor’s marketing department (“Promotion Administrator”).  The Promotion Administrator shall exercise good faith in making any decisions with regard to the Promotion. 

Eligibility.

The OWA Loyalty Sweepstakes Promotion (the “Promotion”) is open only to eligible registered/enrolled members of the OWA Loyalty Program (“Loyalty Member”).

To learn if you are eligible to be a Loyalty Member and to sign up, see any participating store on the OWA Resort, 1501 S. OWA Boulevard, Foley, Alabama 36535, in person and see a cashier seven days a week between the hours of Noon to 9pm (CST). Participating stores can be found  by visually identifying the OWA Loyalty program decal at their entrance or by going online to www.VisitOWA.com/Special-Offers/Paddle-Into-Spring.

To learn if you are already a Loyalty Member or if you have questions regarding your account, visit OWA Guest Services, in-person at 1501 S. OWA Boulevard, Foley, Alabama 36535, Monday through Friday, between the hours of 9am to 4pm (CST).

The Promotion is subject to all applicable federal, state and local laws, and is void where prohibited by law.

Binding Terms and Conditions.

By participating in this Promotion, participants agree to abide by and be legally bound by these Official Terms and Conditions as well as the good faith decisions and judgement of the Promotion Administrator, which shall be final in all matters relating to the Promotion.

Points.

In order to enter into and participate in the Promotion, an eligible individual must first be an enrolled Loyalty Member as described above.  Once registered as a Loyalty Member, a participant can accumulate points to participate and have a chance to win.

Eligible individuals who are not already Loyalty Members, and who validity sign-up for the first time as a Loyalty Member during the Promotion Period will get 100 points.  An eligible individual can only receive 100 points for registering as a Loyalty Member a single time regardless of the times that they may attempt to register as a Loyalty Member.    

Eligible individuals who are already Loyalty Members before the Promotion Period can get 100 points by filling out a free point application in-person at OWA Guest Services, at 1501 S. OWA Boulevard, Foley, Alabama 36535, Monday through Friday, between the hours of 9am to 4pm (CST).  An eligible Loyalty Member cannot receive 100 points for registering as a Loyalty Member and also receive an additional 100 points by filling out a free point application.  If a Loyalty Member has received 100 points for registering/enrolling as a Loyalty Member, he/she is not eligible to fill out a free point application.

Participants accumulate additional points by purchasing designated goods and services at certain OWA businesses; however, no purchase is necessary to participate and win.  One hundred points is the equivalent of one entry.  Two hundred points is the equivalent of two entries.  Three hundred points is the equivalent of three entries, and so on.  For each one hundred points accumulated during the Promotion Period, a participant receives one entry.  Any points less than one hundred points shall be treated as if they are zero points.  By way of illustration only, if a participant has 880 points then that participant shall be deemed to have eight entries.  Each 100 points/entries accumulated by a participant increases his/her chances to win.   

Points accumulated during the Promotion Period have no monetary value.  Points  accumulated during the Promotion Period may not counted for future promotions.   

Promotion Period

The Promotion starts at 1:00 a.m. Central Time on April 2, 2021, and terminates at 11:59 p.m. Central Time on April 30, 2021 (the “Promotion Period”).

How to Participate.

You must be a Loyalty Member to participate in the Promotion.  To learn if you are eligible to be a Loyalty Member, and to sign up as a Loyalty Member if you are eligible, please visit OWA Guest Services, in-person at 1501 S. OWA Boulevard, Foley, Alabama 36535, Monday through Friday, between the hours of 9am to 4pm (CST).

How to Participate and Accumulate Points. 

During the Promotion Period, participants may accumulate additional points by making certain in person purchases of goods and services from OWA businesses that participate from time to time in the Promotion.  Points can only be accumulated by participants with valid registrations as determined by the Promotion Administrator.  The cell phone number associated with a participant’s Member Loyalty registration shall be the primary manner in which Sponsor shall identify a participant and track the participant’s point accumulation.  Points will be given to eligible individuals for the purchase of certain qualifying goods and services to be announced and promoted onsite from time-to-time.   

When arriving during business hours locate Promotion banners located around the development or ask an OWA employee about how and where to obtain OWA plus points and then follow the instructions to participate and begin collecting points. 

To the maximum extent permitted by law, all entries/points become the exclusive property of the Sponsor and will not be acknowledged or returned except as provided herein.

You are not a winner until your prize claim is validated by the Promotion Administrator or the Promotion Administrator’s representative, and you receive official written notification from the Sponsor or the Promotion Administrator. 

Drawing to Win. 

On or about May 3, 2021, the Promotion Administrator will conduct a random drawing from among all eligible entries/points  received during the entire Promotion Period. 

Grand Prize, Approximate Retail Value & Odds of Winning: 

One (1) Grand Prize: two (2) Kayaks with two (2) paddles and two (2) lifejackets (ARV of $1,500.00 US).  The set of kayaks, paddles and life jackets shall be awarded to one (1) grand prize winner.  Prizes must be accepted as awarded. No substitution, cash redemption, sale or transfer of prize is permitted except at Sponsor’s sole discretion or as provided herein. If the prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute such prize (or portion thereof) with an equivalent prize of equal or greater value. All federal, state, and local taxes, and all other costs associated with acceptance or use of the prize, are the sole responsibility of the applicable winner. Sponsor will determine all features of the prize including, but not limited to, color.

Each winner of a prize is responsible for license, registration, insurance, transportation, import and export taxes, and other fees associated with the prize. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Arrangements for delivery of prize will be made after winner validation. Odds of winning a prize depend on the number of eligible entries/points received/given.

Prizes will be awarded only to an eligible participants in accordance with these Official Terms and Conditions. At the Sponsor’s discretion, if the prize is not claimed properly in accordance with these Official Terms and Conditions, it may not be awarded. 

Winners must take physical possession of their prize by May 12, 2021, or said prize will be forfeited.  Winners must pick up their prize from a location in Foley, Alabama, designated by Sponsor.  Promotion Parties, have neither made nor are responsible or liable for any other warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including but not limited to its quality, mechanical condition or fitness. 

Participant Verification.

The Promotion Administrator reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Promotion Administrator – including, without limitation, government issued photo identification) for any reason the Promotion Administrator deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with these Official Terms and Conditions. Failure to provide such proof to the complete satisfaction of the Promotion Administrator within the timeline specified by the Promotion Administrator may result in disqualification by the Promotion Administrator, in its sole discretion. 

Disqualification.

Entries/points that do not comply with these Official Terms and Conditions (as determined by the Promotion Administrator in its sole and absolute discretion) will be void and will not be entered into the Promotion’s prize drawing(s). Promotion Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry/point process or who acts in a disruptive or unfair manner. 

Validation of Winner(s).

Potential winner will be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit or declaration of eligibility, a liability release, tax forms, and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable or failure to respond to notices or return any required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Terms and Conditions, as determined by the Promotion Administrator, in its sole and absolute discretion, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner in a random drawing from among the remaining eligible entries/points. 

Limitations: To the fullest extent permitted by applicable law, Promotion Parties are not responsible for: (i) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures (including but not limited to failures or malfunctions of phone lines, internet, or other communications systems); (ii) failed or unavailable hardware, network, software or telephone transmissions; (iii) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (iv) incorrect or inaccurate entry information whether caused by participants or others; (v) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (vi) any human, or other error, which may occur in the promotion or administration of this Promotion; or (vii) cheating or fraud by any participant. 

Termination.

If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, legal mandate, social media mandate or any other causes beyond the control of Sponsor or Promotion Administrator that corrupt or affect the security, administration, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to void suspect entries/participants and/or modify, suspend and/or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the Promotion Administrator may select the winners in a random drawing from among all applicable eligible, non-suspect entries received as of the time/date of termination. Thereafter, Sponsor reserves the right to accept no further entries and award no further prizes.

Releases.

To the maximum extent permitted by law, by participating in this Promotion, participants (and agree to confirm in writing): (a) to the maximum extent permitted by law, that all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) to release, defend, indemnify and hold harmless Promotion Parties and their respective successors and assigns from and against any liability, loss, claim or cause of action, including, but not limited to, injury, death or damages arising out of participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion or the use of any photo, video or entry; and (c) to waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, and any and all rights to have damages multiplied or otherwise increased.

Publicity.

Except where prohibited, participation in the Promotion constitutes each entrant’s permission for the Sponsor and its agencies to use participants’ names, photographs, videos, voices and/or any other likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without compensation or notice. 

By entering this Promotion, each entrant agrees that the Sponsor, its agents and/or representatives (including the Promotion Administrator) may store, share and use the personal information he/she submitted with his/her entry for the purpose of administering the Promotion and agrees to the collection, use and disclosure of his/her personal information as described in these Official Terms and Conditions, in the above Privacy Policy and as permitted by law. 

Choice of Law.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and Conditions, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Alabama, without giving effect to any choice of law or conflict of law rules.

Miscellaneous.

The invalidity or unenforceability of any provision of these Official Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or made by any representative of Sponsor or Promotion Administrator, and the terms and conditions of these Official Terms and Conditions, these Official Terms and Conditions shall prevail, govern and control.