A WELLNESS INCLUSIVE RESORT ADULTS ONLY

NO PURCHASE NOR BEACHLY MEMBERSHIP REQUIRED TO ENTER OR WIN, AND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT WON YET.

TO COMPLETE YOUR ENTRY, YOU MUST ALSO FOLLOW THE POSTING RULES LISTED ON EITHER INSTAGRAM OR FACEBOOK.

These Official Rules apply to the Beachly Meliá Punta Cana Beach Giveaway to be held from September 4th, 2023 to November 15, 2023, with the official drawing to take place on or about November 17, 2023 (the “Giveaway”).

By entering the Giveaway, you acknowledge that your information will be handled in accordance with Beachly’s Privacy Policy, and you agree to be bound by these Official Rules and the Beachly Terms of Use and Sale.  THIS INCLUDES YOUR ACKNOWLEDGEMENT OF AND CONSENT TO DISPUTE PROCEDURES (AS OUTLINED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION BELOW) WHICH, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT CLAIMS ARISING OUT OF OR RELATING TO THE GIVEAWAY THAT YOU HAVE AGAINST BEACHLY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. Prize: There will be One (1) Prize Package (“Prize”), A 5-day / 4-night all-inclusive stay in The Level Suite Beachside for two adults at Meliá Punta Cana Beach- Adults Only- All Inclusive in Punta Cana, Dominican Republic Resort.
2. The All-Inclusive stay includes all meals, drinks, gratuities, non-motorized water sports and entertainment. No airfare or ground transfers provided. The Winner has 12 months from the promotion end date to redeem the prize. The Trip must be booked at least thirty (30) days prior to departure. Travel and accommodations are subject to availability and blackout dates, including, but not limited to, select dates around the US Thanksgiving, Christmas and New Year’s Eve holidays. All expenses and incidental travel costs not expressly stated in the Official Rules, including but not limited to, taxes, ground transportation, spa treatments, excursions, discretionary premium meal service and specialty wine list, extra night(s), extra guest(s), and other costs upgrades, fees or surcharges, will be the sole responsibility of the winner. Winner's travel companion must be at least eighteen (18) years of age or older as of the date of departure. Winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. Redemption certificate is not redeemable for cash, is non-transferable and cannot be extended. Winner and travel companion are solely responsible for their own conduct while accepting the prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize, including, but not limited to, consumption of alcoholic beverages.  Resort and Prize Provider will not replace any lost, mutilated, expired, destroyed or stolen tickets, travel vouchers, redemption certificates. Resort and Prize Provider are not responsible if any event is delayed, postponed or cancelled for any reason, in such case that portion of Prize is forfeited in its entirety and no substitution will be provided, unless mutually agreed by the Parties. Winner will not receive a difference between actual and approximate retail value of his/her trip which is estimated to be $2,000 USD.
   
   
3. After the winner has been selected, a Beachly representative will connect winner with a resort representative to arrange reservations.
   
   
4. Redemption Instructions:  This Prize is valid for redemption up to one (1) year after the date the winner is selected and is based upon availability.  The winner and guest must be 18 years of age or older and may be required to provide appropriate government-issued photo identification (such as a valid passport) to travel.  Beachly ("Sponsor") and Resort are not liable for any expenses incurred as a consequence of travel cancellation or delay.  The Prize will be issued in the winner’s name and is non-transferrable.  The estimated retail value of the Prize is two thousand dollars ($2,000). Actual value may vary based on room rate fluctuations. Winner will not receive the difference between actual and estimated retail value.
   
   
5. Eligibility: Entrants must be at least the age of majority in their state, province or territory of residence, and must reside in the United States, the District of Columbia or Canada (Quebec province residents not eligible) to enter or win a Prize.  Employees of Beachly or Resort, its affiliates, or their respective advertising, public relations, accounting or legal firms, and immediate family members or individuals living in the same household of such employees, are not eligible to enter the Giveaway or win a prize.  For purposes of these eligibility rules, “immediate family members” mean spouse, children, parents, parents of spouse, siblings, and spouse’s siblings.
   
   
6. Additional Eligibility Requirements: Prior to receiving any prize, the winner must provide Beachly with any information or certifications needed by Beachly, in its sole judgment, for tax reporting purposes.  The winner also must complete, sign and return a declaration of eligibility and a waiver or release to be eligible to receive the Prize.  If you fail to satisfy these conditions within three (3) days after we send you notice that your entry has been selected, you will not be eligible for the Prize and we will select an alternate winner as described in “Selection of Winners” below.  Giveaway subject to all applicable federal, provincial, state and local laws.  All decisions on eligibility will be made by Beachly and its decisions are final and binding.
   
   For Canadian Residents Only:  Before being declared a winner, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered by telephone at a time mutually convenient for the entrant and Beachly or promotional agent of Beachly.
   
   
7. How to Enter: 

You may enter by (1) posting to your publicly available Instagram or Facebook account a photo or video of any or all of the products included in the Beachly Fall 2023 Box, (2) tagging @Beachly and @meliapuntacanabeach, and (3) using the hashtags #BeachlyTribe and #MeliaPuntaCanaBeach on your post, (4) follow both @beachly and @meliapuntacanabeach on Instagram if sharing your photo or video on Instagram.

COMPLETE YOUR ENTRY BY SCANNING THE QR CODE OR VISITING MELIARESORT.BEACHLY.COM AND FILLING OUT THE ENTRY FORM. All entries must be posted between 12:00 a.m. PT on September 4th, 2023, and 11:59 p.m. PT on November 15, 2023 (the “Entry Period”).  There is no limit to the number of entries per person; provided, however, that each post must be unique and automated generation of posts is not permitted.

8. Entering Without Membership or Purchase: Non-Beachly-members are welcome to enter and no purchase of any kind is required to do so.  Simply share any existing post or create a post using images of the Beachly Fall 2023 Box, and include the required tags and hashtags (as set out under “How to Enter” above) with your post.

9. Selection of Winners: After the end of the Entry Period, a Beachly representative will select the winner by a random selection process.  If Beachly determines that the person whose entry is selected was not eligible to enter the drawing, if the person drawn refuses to accept the Prize or fails to complete the eligibility requirements described in “Additional Eligibility Requirements” in Section 4 above, or if the person whose post is selected cannot be contacted or identified, Beachly will conduct a subsequent random drawing from all remaining eligible entries to select an alternate winner.  The winner will be contacted via the method of entry (for example, direct message to their Instagram account if the winning entry is an Instagram post).

 

10. Third Party Intellectual Property:  Any entrant who incorporates any intellectual property or material owned by a third party into his or her submission does so at his or her own risk.  If Beachly is notified that any element of an entrant’s submission infringes upon the rights of another person, such submission may be disqualified from the Giveaway in Beachly’s sole discretion.

11. Social Media Platforms: This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook (each a “Social Media Platform”).  Each entrant hereby releases the Social Media Platforms from any liability in connection with participation in this Giveaway.  All submissions must comply with the applicable terms of use for the Social Media Platform on which they are posted.

12. Giveaway Sponsor and Winner Information: This Giveaway is sponsored by: Retention Brands WV, LLC “Beachly”  located at 415 N. Mission Rd., Los Angeles, CA 90033.  Except as limited by law, the names of winners will be available upon request, at no charge, by contacting Beachly at marketing@beachly.com, or by sending a self-addressed stamped envelope to Beachly at the address above, Attn: Giveaway.

13. Additional Agreements/Waivers: By entering the Giveaway, each entrant agrees (a) to be bound by these Official Rules and to interpretation of these rules by Beachly and (b) that Beachly, the Resort, and its agents, affiliates, representatives, and employees will have no liability whatsoever for any injuries, losses or damages of any kind resulting from acceptance or use of the Prize(s).  Except as prohibited by law, each winner also consents, by entering the Giveaway and without further compensation, to Beachly’s use and publication of the winner’s name, photograph, likeness, biographical information, and details of winning for Beachly’s advertising, promotional, or regulatory purposes.  Each winner also agrees that Beachly may provide the winner’s name, phone number, email address, mailing address and/or other information to third parties as needed to fulfill the Prize(s). Giveaway void where prohibited by law.  In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Giveaway is unable to run as planned for any other reason, as determined by Beachly in its sole and absolute discretion, Beachly may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules, (b) terminate the Giveaway and, in the event of termination, award the Prize at random from among the eligible, non-suspect entries received in such Giveaway up to the time of the impairment, or (c) in the case of any force majeure event including, without limitation, acts of God, war, government regulation or advisory, acts and/or threats of terrorism, civil disorder, fire, flood, explosion, earthquake, epidemic, pandemic, major accidents or other calamity or casualty, curtailment of transportation facilities, or any other cause or circumstance beyond Beachly’s control, making it illegal or impossible to conduct the Giveaway, Beachly may terminate the Giveaway in its sole discretion. Beachly reserves the right in its sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner.  Beachly reserves the right to change, modify, or extend the Entry Period if it should be deemed necessary.  Failure by Beachly to enforce any provision of the Official Rules shall not constitute a waiver of that provision.  Winner and Winner’s guest must have a valid passport, identification and documentation to travel to the Dominican Republic and must comply with all legally-mandated requirements to travel. Beachly is not responsible for Winner’s failure to obtain any required or requested documentation, identification or permission to travel to or from the Dominican Republic.

14. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

YOU AND Beachly MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION IN THE STATE OF CALIFORNIA.  This will prohibit you and Beachly from bringing any class, collective, or consolidated proceeding against each other, and will also prohibit you and Beachly from participating in or recovering relief under any current or future such actions brought by someone else.  Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND BEACHLY ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THE GIVEAWAY/

Opt-Out.  YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO MARKETING@BEACHLY.COM (“OPT-OUT NOTICE”) OR VIA US MAIL TO: BEACHLY, 2110 SOUTH COAST HWY, SUITE O., OCEANSIDE, CA 92054 USA.  THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ENTER THE GIVEAWAY.

In order to opt-out, you must include in your Opt-Out Notice your name, address (including street address, city, state, and zip code), and email address(es) or social media handle used to enter the Giveaway and an unaltered digital image or copy of a valid driver’s license or government-issued ID which matches the name you provide.  Each opt-out notice may opt out only one person; opt-out notices that attempt to opt out multiple people at the same time will be ineffective.  This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out, all other parts of these Official Rules and any other agreements between you and Beachly will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

15. Severability.  If any provision of the Official Rules is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from these Official Rules, (2) the remainder of the Official Rules will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Official Rules.