GEAR UP FOR GRAND STRAND SWEEPSTAKES OFFICIAL RULES

VAYKLIFE SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. DATES OF SWEEPSTAKES.  The VayKLife Sweepstakes (“Sweepstakes”) begins at 12:00:01am Eastern Time (“ET”) on May 1, 2024 and ends at 11:59:59pm ET on October 31, 2024 (the “Sweepstakes Period”).

2. ELIGIBILITY.  The Sweepstakes is open only to legal residents of the fifty (50) United States (excluding Rhode Island) and the District of Columbia, who are twenty-five (25) years of age or older (“Entrant”).  Void outside of the United States and the District of Columbia, and where prohibited or restricted by law, rule or regulation. Officers, directors, managers, and employees of The Vacation Property Group, LLC (the “Sponsor”) and Surfside Realty Company (“Surfside Realty”), and each of their respective parents, subsidiaries, affiliates and related companies, as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, are not eligible to participate. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law.  Sweepstakes may only be entered in or from the fifty (50) United States (excluding Rhode Island) and the District of Columbia. All federal, state and local laws and regulations apply.  

3. HOW TO ENTER.  There are two (2) ways to enter:

(i)  PURCHASE: Entrants who make a beach gear order with Sponsor (of any amount) within the Sweepstakes Period for a qualified beach-gear-included property will automatically receive one (1) entry into the Sweepstakes. As used in these Official Rules, a “qualified beach-gear-included property” means a vacation property reserved by Entrant through Surfside Realty, with a check-in date between May 1, 2024 and October 31, 2024, and which provides Entrant the ability to order beach gear from Sponsor during their stay at the property.

(ii)  WRITE-IN: To enter without making a beach-gear order with Sponsor or a reservation with Surfside Realty, Entrant may submit a mail-in entry. To enter via this method, legibly handwrite your first and last name, street address, phone number, and email address on a piece of paper, insert the paper in a #10 envelope, and mail your entry via first-class mail to: The Vacation Property Group, LLC, 2241 N. Monroe Street, #1280, Tallahassee, FL 32303.  Sponsor is not responsible for late, lost, damaged, illegible or postage-due mail. To be eligible, your mail-in entry must be postmarked during the Sweepstakes Period and received within seven (7) days after the end of the Sweepstakes Period.  There is a limit of one (1) write-in entry per envelope. Each mail-in entry is considered one (1) entry into the Sweepstakes. Write-in entries must contain all of the information outlined above; otherwise, they are void and will not be eligible to win.

Regardless of the entry method used to enter the Sweepstakes, there is a limit of one (1) entry per household for the entire Sweepstakes Period. Any attempt to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes.  Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner.

Sponsor is not responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received as a result of any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor or Sweepstakes Entity.

4. DRAWING/ODDS.  On or about November 15, 2024, the potential prize winner will be selected in a random drawing from all eligible entries received by the Sponsor. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

5. PRIZE.  One (1) grand prize will be awarded, consisting of one (1) 7-night stay at a Surfside Realty managed rental property with a rental value up to $4,000 (excluding taxes and fees). The total approximate retail value (“ARV”) of the prize will be between $1,500 and $4,000. 

6. PRIZE RESTRICTIONS.  All prizes are non-transferable and there will be no substitutions or cash redemptions. Restrictions and blackout dates apply. Any unused portion of the prize will be forfeited. Subject to availability and unit participation. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. The prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on the monetary value of the prize. No more than the stated number of prizes set forth in these Official Rules will be awarded. The prize must be used before December 31, 2025. The winner will be responsible for arranging with Surfside Realty the details of the lodging, including the rental property and the stay dates (all of which will be subject to availability). The stay dates must be consecutive; winner will not be entitled to any compensation or reimbursement for not using, for any reason, all seven (7) nights. The prize is only for the provision of lodging at a Surfside Realty managed property.  Winner will be responsible for all other costs associated with using the prize, including, without limitation, all food, travel, entertainment and other costs (other than lodging) incurred during the stay and all costs of travel to and from the Surfside Realty property.  The lodging will be at a Surfside Realty managed property located in South Carolina.

7. PUBLICITY.  Except where prohibited or restricted by law and notwithstanding the fact that the winner may be required to sign a separate Affidavit of Eligibility and Liability/Publicity Release, winner's acceptance of the prize constitutes winner's agreement and consent for Sponsor to use and/or publish the winner's full name, city and state of residence, Sweepstakes entry, and/or statements made by winner regarding the Sweepstakes or Sponsor, winner's voice, photographs and other likeness, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval. 

8. NOTIFICATIONS/CLAIMS.  The potential winner will be notified by the Sponsor by email and/or phone on or about November 15, 2024 (the “Notification”). The winner must respond to the Notification within 5 business days of the Sponsor’s first Notification. In the event the potential prize winner fails to respond to the Notification within 5 business days of the Sponsor’s first Notification to the potential winner or if it is determined by Sponsor, in its sole discretion, that a potential prize winner is not eligible in accordance with these Official Rules, an alternate Prize Winner will be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period. The potential prize winner will be required to sign and return (except where prohibited by applicable law) an Affidavit of Eligibility and Liability/Publicity Release and a W-9 tax form (the “Paperwork”) within ten (10) days of the Notification. The Affidavit must be verified by the Sponsor.  The potential prize winner must return the Paperwork within the date and time indicated in the Notification. If a potential prize winner fails to return the Paperwork within the date and time indicated in the Notification, or is found to be ineligible, or if he/she does not comply with the Official Rules, such potential prize winner and his/her entry will be disqualified and another potential prize winner will be selected from the remaining eligible entries received.  If the Notification is returned as undeliverable, this will result in disqualification and an alternate prize winner will be selected from all remaining eligible entries.

The value associated with the prize is taxable as income and the prize winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the prize. The Sponsor must report the value of the prize to the Internal Revenue Service in the year the prize is received by the winner and will be reported to the prize winner and the Internal Revenue Service in the form of a Form 1099.

No compensation will be provided for any prizes that are not able to be awarded to a prize winner.

9. CONDITIONS. This Sweepstakes is conducted in English. All federal, state and local taxes are the sole responsibility of the prize winner. By participating in this Sweepstakes, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor, which are final in all respects.  Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants and prize winners release the Sponsor from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt, use, misuse or failure to use of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that such Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award the prize. Except as specifically stated herein, Sponsor makes no warranty, representation or guarantee, express or implied, with respect to any element of the prize, including, without limitation, as to its quality or fitness for a particular purpose. The invalidity or unenforceability of any provision of these Official Rules 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 rules 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.

10. RELEASE.  By participating in the Sweepstakes, all Entrants and winner agree to release, discharge and hold harmless the Sponsor and Surfside Realty from any and all damages, whether direct or indirect, which may be due to or arise out of participation in the Sweepstakes or any portion thereof, or the acceptance, use, misuse, failure to use, or possession of any prize (or activity related thereto). By participating in the Sweepstakes, Entrants and winner agree that (a) under no circumstances will Entrant and/or winner be permitted to obtain awards for, and Entrant and/or winner hereby waive(s), all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; and (b) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS AND WINNER AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR, SURFSIDE REALTY, AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS THE SUCCESSORS, ASSIGNS AND LICENSEES OF EACH OF THEM AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, CONTRACTORS AND REPRESENTATIVES OF EACH OF THEM, FROM ANY AND ALL CLAIMS, EXPENSES, DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH) AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE SWEEPSTAKES OR ANY PORTION THEREOF; A BREACH OR ALLEGATION WHICH IF TRUE WOULD CONSTITUTE A BREACH OF ANY OF ENTRANT'S AND/OR WINNER'S REPRESENTATIONS, WARRANTIES OR OBLIGATIONS HEREIN; OR THE ACCEPTANCE, USE, MISUSE, FAILURE TO USE, OR POSSESSION OF ANY PRIZE OR ANY ACTIVITY RELATED THERETO. 

11. USE OF DATA.  Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding of a prize and for potential research purposes. In addition, by entering, Entrants and/or winner agree to Sponsor's use of Entrant's/winner's personal information as described in its Privacy Policy at https://info.vayklife.com/privacy-policy. Please refer to Sponsor's Privacy Policy for important information regarding the collection, use and disclosure of personal information by Sponsor. 

12. WINNERS LIST.  To obtain the name of the prize winner, visit https://info.vayklife.com/sweepstakes-24-surfside. 

13. GOVERNING LAW/JURISDICTION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

14. ARBITRATION.  By participating in this Sweepstakes, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims entrant may have against, the Sponsor relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Tallahassee, Florida; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com .
15. SPONSOR.  The Sponsor of this Sweepstakes is THE VACATION PROPERTY GROUP, LLC d/b/a VAYKLIFE, 447 US HWY 98, EASTPOINT, FL 32328.