Terms and Conditions - DosEscape

DOS CAMINOS® DOS ESCAPETM CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING. SUBJECT TO APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS.
VOID WHERE PROHIBITED.
1. CONTEST PERIOD. The DOS CAMINOS® DOS ESCAPETM Contest (the “Contest”) begins at
8:00:00 a.m. EST on April 15, 2015 and ends at 11:59:59 p.m. EST on May 15, 2015 (the “Contest
Period”). All entries must be submitted within the Contest Period. By entering the Contest, you agree
to be bound by these Official Rules, in addition to the Terms of Use of BR Guest, LLC, Facebook, Twitter,
Instagram, JetBlue and Paradisus Cancún Resort.
2. HOW TO ENTER. BR Guest, LLC (“Sponsor”) invites you (“Entrant”) to enter the DOS CAMINOS®
DOS ESCAPETM Contest. Entrants must draw or write their perfect escape on cards available at Sponsor’s
New York City restaurants or via a landing page accessible by links provided in online advertisements.
Entrants then must take a photograph of the escape card and upload it to Facebook, Instagram or
Twitter with the hashtag, #DosEscape, and tag Sponsor at @DosCaminos (“Entry”). When posting an
Entry to Facebook, the Entry must be posted directly to the Dos Caminos Facebook page in order to be
eligible.
There is a limit of five (5) Entries per person per day. If more than five (5) Entries are submitted by an
Entrant within a twenty four (24) hour period, only the last Entries submitted will be considered and all
previous Entries will be void. If you choose to access Facebook, Twitter or Instagram using your mobile
phone, data charges may apply. Contact your wireless provider for pricing plan details. By submitting
an Entry, Entrant hereby grants permission for the Entry to be posted, along with his or her Facebook,
Twitter or Instagram ID, on the Sponsor’s website and the websites of its affiliated companies. Sponsor
is not required to post any Entries and can remove Entries at any time for any reason without informing
the Entrant.
The Entry may not contain any content that is lewd, obscene, sexually explicit, pornographic,
disparaging, defamatory, libelous, violent, or derogatory of any ethnic, racial, gender, religious,
professional or age group or that otherwise contains inappropriate content or objectionable material as
determined by Sponsor in its sole and unfettered discretion. The Entry may not show or promote
unlawful activities or any activities that may appear unsafe or dangerous. The Entry must be the
Entrant’s original work, created solely by the Entrant, and must not infringe the copyright, trademark,
privacy, publicity, or other intellectual property rights of any person or entity. If any persons other than
Entrant appear in the Entry, the Entrant shall obtain, prior to sending the Entry, any and all releases and
consents necessary to permit the exhibition and use of the Entry as set forth in these Official Rules. No
Entry shall feature any person under the age of majority in Entrant’s state of residence. Should the
Entrant include personally identifiable information about him or herself in the Entry, Entrant
acknowledges and agrees that such information will be disclosed publicly and Entrant is solely
responsible for any consequences thereof. ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE
IN CREATING THEIR ENTRIES. BY PARTICIPATING, ENTRANTS ACKNOWLEDGE AND AGREE THAT
NEITHER SPONSOR NOR ANY OF ITS DESIGNEES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY
INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR
DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST.
3. ELIGIBILITY. Contest is open to legal residents of the fifty (50) United States and the District of
Columbia who are eighteen (18) years of age or older at time of entry. Void where restricted or
prohibited by law. Employees of Sponsor, its affiliates, subsidiaries, advertising, interactive, media and
promotion agencies, and their immediate families and those living in the same household of each are
not eligible. This Contest is in no way sponsored, endorsed or administered by, or associated with
Facebook, Twitter or Instagram.
4. TABULATION OF ONLINE VOTES. At the conclusion of the Contest Period, the top five (5)
Entrants, whose submissions received the most “likes” and retweets on either Facebook, Twitter and
Instagram, as determined by Sponsor in its sole and exclusive discretion, will be deemed "Finalists,"
pending verification of eligibility and compliance with these Official Rules. The tabulation of “likes” and
retweets for each Entry will occur on the social media platform on which the Entrant submitted his or
her entry (e.g., Sponsor will not count votes on Facebook and Twitter for a single Entry). Users who
“like” or retweet the same Entry from multiple social media accounts will be disqualified. Sponsor will
not accept screenshots or other evidence of winning in lieu of its determination process. In the event of
a tie, the Entrant who submitted his or her Entry nearest the end of the Contest Period will be deemed a
Finalist. Tabulations will be calculated by Sponsor and will be maintained on a confidential basis. Any use
of robotic, automatic, scripted, programmed or the related methods of participation/voting will void all
such submissions/votes by such methods. The most “liked” and retweeted Entries will be featured at
http://dosescape.doscaminos.com.
5. FINALIST VOTES. The five (5) Finalist Entries will be judged by a panel of judges (the “Panel”),
selected by Sponsor, in its sole and exclusive discretion, whose decisions are final and binding in all
matters relating to this Contest. The Panel will judge Finalist Entries in accordance with the following
criteria: (a) originality of Entry; and (b) creativity of Entry. The ratings scale for each criteria will range
from one (1) to five (5), with five (5) being the best score. The Finalist Entry with the highest cumulative
score will be deemed the “Prize Winner.” In the event of a tie, each applicable Entry will be judged by a
specially selected tie-breaking judge using the same criteria noted above to break such tie. Odds of
winning depend on the number of eligible entries received.
6. PRIZE. The prize consists of a trip to Playa del Carmen, Mexico, including: (i) One (1) hotel room
at the Paradisus Cancún Resort in Cancún, Mexico for three (3) consecutive nights (the “Hotel
Accommodations”); (ii) Two (2) one-hour spa treatments at the YHI Spa in the Paradisus Cancún Resort;
(iii) Dinner for two (2) people at Tempo by Martin Berasategui in the Paradisus Cancún Resort; and (iv)
Two (2) roundtrip coach airfare tickets from any New York City airport (JFK or LGA) to Cancún
International Airport (the “Airfare”), provided by JetBlue (collectively, the “Prize”).
Hotel
Accommodations must be redeemed by November 24, 2015. Airfare must be redeemed by March 24,
2016. Blackout dates apply for both Hotel Accommodations and Airfare. Click the following links to
review additional Terms and Conditions and Blackout Dates that apply to the Airfare. Contact the
Paradisus Cancún Resort for further information regarding same.
Prize Winner is responsible for any and all transportation and any other costs associated with traveling
to and from the airport. Lost or stolen tickets, travel vouchers or certificates or similar items, once they
are in the Prize Winner’s possession, will not be replaced. Any unclaimed and/or unused Prize or
element thereof will be forfeited by the Prize Winner and will remain the property of Sponsor. No
refund or compensation will be made in the event of the cancellation or delay of the Prize. A minor may
accompany a Prize Winner as a travel guest only if the Prize Winner is the minor’s parent or legal
guardian. Prize is non-transferable.
Prize Winner and travel guest must sign and return a travel/publicity release before any ticketing occurs.
Prize Winner and travel guest must have all necessary identification and/or travel documents (including
but not limited to a valid government-issued and -approved travel document) required for travel. Trip
must be taken on dates specified by Sponsor or Prize will be forfeited and Sponsor will have no further
obligation to such Prize Winner. Prize Winner and travel guest must travel together on the same
itinerary. Except as indicated, all travel expenses, meals, taxes, fees, port expenses, gratuities, travel
insurance, bag check fees, parking fees, laundry service, food, alcoholic beverages, incidentals (including
mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these
Official Rules are solely the responsibility of the Prize Winner and travel guest. Sponsor reserves the
right to substitute a prize of equal or greater value if the Prize or an element thereof becomes
unavailable due to reasons beyond the control of the Sponsor. Prize Winner is responsible for all
federal, state, and local taxes (if and as applicable).
7. GENERAL TERMS. By participating, each Entrant agrees: (a) to abide by these Official Rules and
the decisions of Sponsor and its designees, which shall be final and binding in all respects relating to this
Contest; (b) to release, discharge, defend, indemnify and hold harmless Sponsor, its designees,
Facebook, Instagram and Twitter from any and all injuries, liability, losses and damages of any kind,
including death, to persons or property resulting, in whole or in part, directly or indirectly, from
Entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use
or misuse of the Prize, including any travel related thereto; (c) under no circumstances will Entrant be
permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential,
or any other damages, other than for actual out-of-pocket expenses; and (d) any and all claims,
judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees
and court costs; and (e) to the use of his or her name and Entry for programming, advertising, publicity
and promotional purposes in any and all media, including but not limited to future packaging, now or
hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees,
without compensation (unless prohibited by law) or additional consents from Entrant or any third party
and without prior notice, approval or inspection, and to execute specific consent to such use. By
participating, Entrant also agrees not to release any publicity or other materials on their own or through
someone else regarding their participation in the Contest without the prior consent of the Sponsor,
which may be withheld in its sole discretion.
By submitting an Entry, you warrant that (i) the Entry does not violate any law or regulation or any right
of any third party, including those laws, regulations, and rights related to copyrights, trademarks,
publicity, or privacy; (ii) you have followed these Official Rules and have the right to grant the rights to
an Entry as provided in these Official Rules; (iii) the Entry has not been published or submitted in any
other competition; (iv) the Entry is your original work or a work you have the right to use; (v) the Entry
has not won previous awards; (vi) you have obtained permission from any person whose name or
likeness is used in the Entry, including without limitation the releases and consents set forth in these
Official Rules; and (vii) that publication of the Entry via various media including web posting, will not
infringe on the rights of any third party. Any such Entrant will indemnify and hold harmless the Sponsor
and its designees from any claims to the contrary. Any Entrant whose work includes likenesses of third
parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of
persons, buildings, trademarks or logos) must be able to provide legal releases for such use including
Sponsor’s use of such Entry, in a form satisfactory to Sponsor, upon request, prior to the awarding of the
Prize and/or naming of Entrant as Prize Winner. Further, by submitting an Entry, you grant permission
for Sponsor, to publish, post, adapt, edit, display, and/or modify or otherwise use the Entry in any form,
in any manner, and in any media, without any time or territorial limitation, without compensation of any
kind to you. You further agree that submission of an Entry is gratuitous and made without restriction,
and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose
the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas
without any additional compensation to you. You acknowledge that, by acceptance of your submission,
Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or
developed by its employees, or obtained from sources other than Entrant. Sponsor reserves the right to
screen Entries, but may post Entries to Sponsor’s website, or Facebook, Twitter or Instagram pages
without editing or other prior review. Entrants acknowledge that Sponsor has no obligation to use or
post any Entry you submit.
If you think that any Entry infringes your intellectual property rights, please Click Here.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any
obligation to Entrants. By entering, you acknowledge that your Entry will not be returned, and that
Sponsor has no obligation to use or post any Entry you submit. Entrant grants to Sponsor a nonexclusive, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use his or her
Entry in any and all media. Sponsor reserves the right for Sponsor and its designees to use, reproduce,
distribute, prepare derivative works of, display, perform, change or modify all Entries, in its sole
discretion. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its
reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon
completion of the Contest Period, to request that any Entrant resubmit his or her Entry which fails to
comply with the Contest entry requirements prior to any judging period. Except where prohibited by
law, each Entrant grants (and agrees to confirm this grant in writing, if requested) permission for
Sponsor and its designees and those acting under its or their authority to use his or her name,
photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now
known or hereinafter invented without territorial or time limitations and without compensation.
8. NOTICE. Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, stolen,
delayed, misdirected, undelivered or garbled Entries, or for lost, interrupted or unavailable network,
server, Internet Service Provider, websites or other connections, availability or accessibility or
miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical
failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software
malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human,
mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in
connection with the Contest, including, without limitation, errors or difficulties which may occur in
connection with the administration of the Contest, the processing or judging of Entries, the
announcement of the Prize, or in any Contest-related materials. Sponsor is not responsible for injury or
damage to any person's computer related to or resulting from participating in this Contest or
downloading materials from or use of websites. Persons who tamper with or abuse any aspect of the
Contest or websites, who act in an unsportsmanlike or disruptive manner or who are in violation of
these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will
be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms,
bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor,
corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor
reserves the right at its sole discretion to suspend, modify or terminate the Contest (or portion thereof)
and, if terminated, at its discretion, select the potential winners as deemed fair and equitable by the
Sponsor. ANY ATTEMPT TO DELIBERATELY DAMAGE WEBSITES OR UNDERMINE THE LEGITIMATE
OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH
AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES
(INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW,
INCLUDING CRIMINAL PROSECUTION.
9. NOTIFICATION OF WINNER. Sponsor will notify the Prize Winner within five (5) business days
of the Panel’s decision by messaging him or her on the social media platform (e.g., Facebook, Twitter or
Instagram) on which the winning Entry was submitted. Upon notification, the Prize Winner will be
required to submit to Sponsor, complete contact information (including first name, last name, address,
city, state, zip code and date of birth); a notarized affidavit of eligibility/release of liability certificate,
and W-9 form for Sponsor to verify eligibility and award the Prize. Sponsor will make two (2) attempts to
reach the potential Prize Winner. In the event the Sponsor cannot reach a potential Prize Winner after
two (2) attempts, or if it is determined by Sponsor, in its sole discretion, that the potential Prize Winner
is not eligible in accordance with these Official Rules, the potential Prize Winner will be deemed to have
forfeited his or her interest in the Prize, and the next highest scoring Entrant, as determined solely by
the Panel, will serve as the alternate Prize Winner. Prize Winner may waive his or her right to receive
the Prize.
10. GOVERNING LAW. By entering this Contest, you agree that all issues and questions regarding
the construction, validity, interpretation and enforceability of these Official Rules, or the rights and
obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and
construed in accordance with, the laws of New York State, without giving any effect to any choice of law
or conflict of law rules. By entering you consent to the jurisdiction and venue of the federal and state
courts located in New York, New York.
11. SPONSOR. BR Guest, LLC, 315 Park Ave South, New York, NY 10010. The decisions of Sponsor
and the Panel regarding the selection of the Prize Winner and all other aspects of the Contest shall be
final and binding in all respects. Sponsor is not responsible for typographical, printing or other
inadvertent errors in these Official Rules or in other materials relating to the Contest.
©2015 BR Guest, LLC. All rights reserved.