Terms and Conditions
1. Eligibility: You must be 18 years or over to enter the competition and receive the prize.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of St Michaels resort as final and binding as it relates to the content of this Competition.
3. Competition Period: Entries will be accepted online starting on 15/10/2019, 12.00 PM GMT and ending on 14/02/2019 12.00 PM GMT.
4. How to Enter: This Competition is open to those who follow @stmichaelsresort, tag @stmichaelsresort and use the hashtag #stmichaelscomp in an Instagram post capturing their favourite Cornish experience and also tagging the person they would like to share the Completely Cornish Spa break with. All entries must be made within the competition period above.
5. Prizes: The Winner of the Competition (the “Winner”) will receive a Completely Cornish Spa break for two (details can be found at the link Completely Cornish Spa Break) in a Beach House room. The prize must be redeemed before 1st June 2020. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by St Michaels Resort. No cash or other prize substitution shall be permitted except at St Michaels Resort’s discretion. The prize is non-transferable. Any and all prize-related expenses shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for St Michaels Resort to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Winner Selection and Notification: The top 20 posts chosen by St Michaels Resort will be shortlisted for a voting period of 1 week beginning on 21/02/2019, 12PM GMT and closing on 28/02/2019, 12PM GMT. During the voting period St Michaels Resort will ask their social followers to vote for the best post. The post with the most votes will win the prize. Winner will be notified by Instagram message within five (5) days following selection of Winner. St Michaels Resort shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within (10) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Competition is conditioned upon compliance with any and laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT ST MICHAELS RESORT‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE COMPETITION, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that St Michaels Resort, anyone acting on behalf of St Michaels Resort, and St Michaels Resort’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Competition, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of St Michaels Resort. If the content of your entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless St Michaels Resort from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which St Michaels Resort may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Terms & Conditions: St Michaels Resort reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorized human intervention, fraud, or other cause beyond St Michaels Resort’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such case, St Michaels Resort may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by St Michaels Resort. St Michaels Resort reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions. St Michaels Resort has the right, in its sole discretion, to maintain the integrity of the Competition, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such attempt be made, St Michaels Resort reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability: By entering, You agree to release and hold harmless St Michaels Resort 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 Competition 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 malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
10. Disputes: THIS Competition IS GOVERNED BY THE LAWS OF UK WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Competition, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Competition, shall be resolved individually, without resort to any form of class action, exclusively before a court jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Competition). Participant further waives all rights to have damages multiplied or increased.
12. Sponsor: The Sponsor of the Competition is St Michaels Resort, Gyllyngvase Beach, Falmouth, Cornwall, TR11 4NB.
13. Instagram: The Competition hosted by St Michaels Resort is in no way sponsored, endorsed, administered by, or associated with Instagram.