Complete Terms for the Epik Orlando TikTok Giveaway
NO PURCHASE IS NECESSARY – IT DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The Epik Orlando TikTok Giveaway (the “Giveaway “) is open only to those who sign up at the online Giveaway page ORLMagicalGetaway (@orlmagicalgetaway) | TikTok by following the TikTok channel and filling out the questions via the link in the bio. Must be at least twenty-one (21) years old at the time of entry. The Giveaway is open to the legal residents of the USA, District of Columbia and Puerto Rico and is void where prohibited by law. Employees of Epik Vacations (the “Sponsor”), Westgate Marketing, LLC and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding as it relates to the content.
3. Giveaway Period: The Giveaway begins on September 29, 2023 and ends on October 13, 2023. Entries will only be accepted electronically. All entries must be received by September 28, 2023, at 11:59 PM Eastern Time (US).
How to Enter: The Giveaway must be entered between September 29, 2023 (09/29/2023) starting at 12:00 PM EST through October 13, 2023 (10/13/2023) by 11:59 PM EST. Just go to the @orlmagicalgetaway TikTok channel and “Follow” and fill out the questions provided via the link in the bio. Entrants must be following the @orlmagicalgetaway account to win. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. You may not use multiple email addresses, accounts, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsor.
4. Prizes: One grand prize winner will receive two (2) tickets to SeaWorld Orlando’s Howl-O-Scream. The total retail value of the prize is $230. Must follow reservation directions provided by Sponsor. Blackout dates apply. Food and beverage credit must be used during a single stay and any unused portion of the prize will be forfeited. No change will be given for the credit. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prizes are nontransferable. Any and all prize related expenses, including without limitation, transportation and any and all federal, state, and local taxes shall be the sole responsibility of the winner. Acceptance of prize constitutes permission for Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winner must provide W-9 form and execute Sponsor’s affidavit of eligibility and release of liability/publicity release. Sponsor is not liable for the use, misuse or non-use of the prize. The prize will remain valid for a period of 12 months from the date of issue and can be availed during the months of January, May, and September, which are considered low seasons. However, if you wish to travel during the high season, you may do so by paying the price difference.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: One (1) grand prize winner of the Giveaway will be selected in a random drawing conducted on October 18, 2023, under the supervision of the Sponsor. Winner will be notified via a TikTok LIVE, posting and telephone number used to enter the Giveaway on October 18, 2023. Sponsor shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other privacy/security settings. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within four (4) calendar days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited, and an alternate winner may be selected at Sponsor’s sole discretion. The receipt by winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal and state laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Giveaway , and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Giveaway. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Giveaway you agree to be contacted periodically from Sponsor and its affiliates at the contact information you shared with Sponsor.
10. Limitation of Liability: By entering you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes/Mandatory ARBITRATION: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF USA AND FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. In the event of any controversy, claim or dispute between the Entrant and the Sponsor arising out of or relating to the Giveaway or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) and may take place via the Internet and/or telephonically in accordance with the rules of the chosen arbitration service provider. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form
of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
12. Privacy Policy/Use of Personal Data: Submission of contact information in connection with the entry to the Giveaway (whether or not required), including, without limitation, mailing address, phone number, and/or e-mail address, during entry constitutes permission for Sponsor to use entrant’s personal information in a manner consistent with Sponsor’s Privacy Policy (available by visiting www.epikvacations.com/privacy-policy.
13. Winners List: For the names of the winners, please contact us at epikorl.tiktok@gmail.com and in the subject line state “Winners List” and in the body of the email type ‘Please e-mail me the winners’ list for Epik Orlando TikTok Giveaway’.
14. Sponsor: The Sponsor of the Giveaway is Epik Vacations, 5601 Windhover Drive, Orlando, Florida 32819. 15. This promotion is in no way sponsored, endorsed or administered by, or associated with TikTok, Facebook or Instagram. You understand that you are providing your information to the sponsor of this Giveaway.
This Promotion is being used for the purpose of soliciting sales of timeshare interests.