FAN FLYAWAY NEW YORK SWEEPSTAKES 2022
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: The Sweepstakes is Sponsored by Club Exploria, LLC, doing business as Exploria Resorts (“Sponsor”). Sponsor may be contacted at 25 Town Center Blvd. Suite C, Clermont, Florida 34714.
PRIZE PROVIDERS: Orlando Sports Holdings, LLC (“Orlando City SC”), 655 W. Church Street, Orlando, FL 32805 and Club Exploria, LLC, doing business as Exploria Resorts, 25 Town Center Blvd. Suite C, Clermont, Florida 34714.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:01 a.m. EST on May 2, 2022 and ends at 11:59 p.m. EST on September 1, 2022 (“Entry Period”).
ELIGIBILITY: Fan FlyAway New York Sweepstakes 2022 (the “Sweepstakes”) is open to legal residents who live within a one hundred (100) mile radius from Orlando, Florida (the “Territory”) who are of legal age of majority in the jurisdiction in which they reside at the time of Entry (“Entry”). Employees of Sponsor, Prize Providers, Major League Soccer, L.L.C. (“MLS”), and Soccer United Marketing, LLC (“SUM”). Orlando City SC, SUM and MLS (collectively, the “MLS Entities”) and Sponsor as well as each of their respective parents, subsidiaries, its direct and indirect affiliates, and all advertising agencies, printers, promotional agencies, and families of each involved in this Sweepstakes are not eligible to participate or win. Void where prohibited by law and where prohibited or restricted by law, rule, or regulation. The Sweepstakes is subject to all applicable federal, state, and local laws, rules, and regulations.
HOW TO ENTER: During the Entry Period, there are three (3) ways to enter the Sweepstakes. No other methods of Entry will be accepted. Each Entrant (an “Entrant”) may enter the Sweepstakes during the Sweepstakes Period by:
1) via Text Message: Entrants may use their mobile phone to text the word FLY to 407-815-7477 and follow the instructions to be entered into the Sweepstakes. Entrants participating by text message must have a mobile phone with text messaging capabilities to participate via their mobile phone. Entrants entering the Sweepstakes via text message may incur a standard text message and/or data charge from their wireless service provider. Entrants are solely responsible for any such wireless charges. Use of any robotic, automatic, programmed, or similar Entry method or entering more than the number of times permitted will void all entries and result in disqualification;
2) visiting exploria.win (the “Site”) following the on-screen Entry instructions and submitting all requested information, such as name, email address, postal address and telephone number; or
3) by mailing a 3” x 5” card containing the following information: your name and address including city, state and ZIP Code, home telephone number, business telephone number, email address (if applicable) and signature through the U.S. Mail to Fan Flyaway New York 2022 Sweepstakes, 25 Town Center Boulevard, Suite C, Clermont, FL 34714.”
An “Entry” shall mean and refer to each Entry submitted to Sponsor via the Site, any location, or by U.S. Mail that provides all required information. Only one (1) Entry per person and per email account will be eligible. Sponsor is not responsible for lost, late, illegible, incomplete, mutilated, undelivered, or misdirected Entries. Upon submission, all Entries shall become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor may take whatever actions it deems necessary or appropriate in its sole discretion to protect the Sponsor and the operation of the Sweepstakes, including without limitation removing or disqualifying any Entrant or Entry. Any Entry that does not meet all Entry requirements may, upon discovery by Sponsor, and in Sponsor’s sole discretion, be subject to disqualification. You may not submit identical or substantially similar Entries more than once during the Entry Period or use any robotic, automatic, macro, programmed, or like methods to enter the Sweepstakes. No changes may be made to an Entry once it has been submitted. Sponsor does not assume responsibility for lost, late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable Entries; any computer, telephone, cable, network, satellite, server, service provider, electronic or internet hardware or software malfunctions, failures, connections, or availability; garbled or jumbled files or transmissions; service provider, internet, website (including the Site), or software inaccessibility or unavailability; internet traffic congestion; or unauthorized intervention. Sponsor is not responsible for any typographical or other errors or inaccuracies in connection with the Sweepstakes. Proof of Entry of a submission will not be deemed to be proof of receipt by Sponsor.
If Entrant opts to access the Site and participate in this Sweepstakes via wireless mobile device, data rates may apply for each message sent or received from Entrant’s handset according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans may vary, and Entrant should contact their wireless carrier for more information on messaging rate plans and charges related to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
PRIZE: A total of one (1) Prize is available to be awarded. This Prize will consist solely of: (i) two (2) round trip, coach air transportation from Orlando International Airport to New York/New Jersey Airport (ARV: $900); (ii) two (2) tickets to the Orlando City SC vs. New York City FC at City Field Stadium located in Queens, New York (ARV: $300); (iii) three (3) nights’ hotel accommodations at a standard hotel determined by the Sponsor in its sole discretion (single room, double occupancy) (ARV: $1,000); (iv) one (1) Orlando City SC Prize pack (ARV: $150) and v) $750 in Spending Money (in the form of Visa Gift Cards; seven (7) of them in $100 denominations and one (1) in $50 denomination) (ARV: $750) (“Prize”). The Approximate Retail Value (“ARV”) of the Prize is $3,100.00 U.S. Dollars.
The Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). Winner and their Guest will be required to travel on identical itineraries, including the same departure date and return date. All airline tickets issued in conjunction with the Prize are not eligible for upgrades, frequent flyer miles, or any other promotional benefit. Winner must be physically able to travel, or Prize will be forfeited. Winner and guest must travel on the dates determined by Sponsor in its sole discretion or Prize will be forfeited. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth herein, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the Prize description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of Winner. All other Prize details are at Sponsor’s sole discretion. Winner will be required to provide a major credit card upon check-in at the hotel. Any damage to the room, and/or any other venue related to the Prize, attributed to the Winner and/or their Guest will be the responsibility of the Winner. Winner’s Guest must be of legal age of majority in his/her jurisdictions of residence, unless accompanied by his/her parent or legal guardian and guest or their legal guardian must agree to be bound by all of the terms and conditions set forth in these Official Rules. If necessary, Winner and Guest are solely responsible for obtaining valid passports and any other documents necessary for travel. Travel restrictions, conditions and limitations may apply.
The Prize is non-transferable and non-assignable, with no cash redemptions or substitutions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. MLS game, event, and exhibition dates and times are determined in the sole discretion of MLS and/or Sponsor as applicable and may be subject to change. Exact seat locations will be determined by Sponsor. The terms and conditions of the tickets awarded as Prize will govern in the event a game, event or exhibition, as defined by MLS, is not played due to weather, an Act of God, an act of terrorism, civil disturbance, work stoppage or any other reason. Winner and his/her Guest agree to comply with all applicable stadium regulations in connection with the Prize. Sponsor and the applicable MLS Entities reserve the right to remove or deny Entry to Winner and/or his/her Guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any game, event or exhibition. Released Parties (as defined below) will not be responsible for weather, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other event that may cause the cancellation or postponement of any MLS game, event or exhibition.
RANDOM DRAWING: The potential winner of the Sweepstakes (the “Winner”) will be selected by random drawing on or about September 2, 2022 from among all eligible entries received by the Sponsor. The decision of Sponsor is final and binding on all matters relating to this Sweepstakes. The selected Entrant is deemed the potential Winner pending verification of their eligibility and compliance with the Rules.
ODDS OF WINNING: Odds of winning depend on the total number of eligible entries received during the Entry Period and are equal regardless of method of Entry.
NOTIFICATION: Winner will be notified by the phone number in which they made their submission by the Sponsor. In the event that Winner does not respond to any such notification within three (3) days of the date of issuance, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate Winner may be chosen from among all remaining eligible entries. If the Prize is unclaimed by the third potential Winner, it will remain unawarded.
TAXES: The value of the Prize will be taxable to each Winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of the Prize not specifically provided for in these Rules are solely the responsibility of the Winner. The Winner is solely responsible for reporting and paying any and all applicable taxes. If the Winner is a resident of the United States, such Winner will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS and such Winner shall be required to provide Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any Prize will be awarded. Each Entrant must contact his/her own tax advisor for any questions concerning taxes.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an Entry, each Entrant agrees to (i) be bound by these Official Rules, including all Entry requirements, and (ii) waive any and all claims against the Sponsor, the MLS Entities, Facebook, Twitter or Instagram and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for including, but not limited to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize. Winner, by acceptance of Prize, grants to Sponsor and MLS Entities, and each of their respective designees the right to publicize Winner’s name, address (city and state of residence), photograph, voice and/or other likeness and Prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law. This Sweepstakes is in no way Sponsored, endorsed, or administered by, or associated with Instagram, Twitter or Facebook. Entrants understand that you are providing your information to Sponsor, and not to Instagram, Twitter or Facebook.
WARRANTIES AND CONSENTS: By completing and submitting an Entry, Entrant represents and warrants that (i) Entrant has read, and agrees to be bound by these Official Rules, (ii) based on the Official Rules, Entrant is eligible to participate in the Sweepstakes, (iii) all of the information provided as part of Entrant’s Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law.
PRIVACY AND TERMS OF USE: Any personally identified information collected during an Entrant’s participation in the Sweepstakes is subject to Sponsor’s privacy policy www.exploriaresorts.com/privacy-policy/.
PERSONAL DATA: By providing your personal information to Sponsor, you authorize Sponsor; to collect, process and use such information for lawful, business-related purposes to store your information and transmit it to various locations throughout the world, either directly or through third party vendors, whether within your country of residence, the United States, or elsewhere. By providing your telephone number you are authorizing the Sponsor, its direct and indirect parents, subsidiaries, and affiliates and its designated agents acting on behalf hereinafter collectively the Sponsor permission to contact you about future offers such as discounted travel promotions and purchases, including future timeshare sales offers using SMS messages, text messages, emails, social media, and telephone calls and messages delivered using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called. You understand that this permission overrides your listing on any state or federal Do Not Call list and any prior listing on the company Do Not Call list of Sponsor. You can opt-out of future calls at any time by requesting to be placed on the Do Not call list by calling 866-645-4311.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, via email or mail. Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the Entry process will be disqualified. Released Parties are not responsible for, including but not limited to: (i) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any MLS game, event or exhibition, (ii) any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, (iii) injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website.
Persons who tamper with or abuse any aspect of the Sweepstakes or site or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other Entrant or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor and/or their respective agents. Sponsor shall have the sole right to disqualify any Entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in their sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize, and (ii) disclaim any implied warranty. All disputes will be resolved under applicable U.S. laws in the State of Florida without giving effect to choice of law or conflicted law principles (whether of the State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.
The Sponsor and the MLS Entities reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes for any reason, including should virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the Winners and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
All online entries must include a valid email address for the Entrant. In case of multiple entries received from any person or email address or household, only the first Entry received from such person, email address or household will be considered. In the event of a dispute as to the identity or eligibility of a Winner based on an email address, the winning Entry will be declared made by the “Authorized Account Holder” of the email address submitted at the time of Entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
INDEMNIFICATION: By entering the Sweepstakes, each Entrant agrees to forever release, indemnify and hold harmless Sponsor, MLS Entities, and their direct and indirect parent companies, managing agents, subsidiaries and affiliates, and their related parties, and each of the foregoing entities’ respective officers, directors, employees, representatives and agents of each (collectively, the “Released Parties”) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH A PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Each Entrant further covenants not to sue Sponsor, MLS Entities, or any of the other Released Parties and hereby acknowledge that neither Sponsor nor any Released Party has made or is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or any Prize.
GOVERNING LAW: The terms of this Sweepstakes shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of Florida without regard to conflicts of law’s provisions thereof. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Florida. Should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorney’s fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
WINNERS’ LIST AND OFFICIAL RULES: For a winner’s list, mail a self-addressed stamped envelope to: Fan Flyaway New York Sweepstakes 2022 Winners List, 25 Town Center Blvd., Suite C, Clermont, FL 34714 within thirty (30) days after the Sweepstakes ends.
Orlando City SC and MLS names and logos are registered trademarks and are used with permission.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING SALES OF A VACATION OWNERSHIP PLAN.
All rights reserved.
This promotion is in no way Sponsored, endorsed, or administered by, or associated with Instagram, Twitter or Facebook.