ACCESS ATLANTA NEW SMYRNA BEACH VACATION SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO RESIDENTS OF THE STATE OF GEORGIA WHO ARE AT LEAST TWENTY-ONE YEARS OF AGE. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. TRAVEL NOT INCLUDED.

By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final on matters relating to this sweepstakes (“Sweepstakes”). Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.

ELIGIBILITY: Open only to legal residents of Georgia, USA who are 21 years of age or older. Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in the same households, whether or not related) of: Atlanta Journal-Constitution, LLC (“Sponsor”) or Southeast Volusia Advertising Authority d/b/a New Smyrna Beach Area Visitors Bureau (the “Prize Provider”), and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win.

HOW TO ENTER: Entries must be submitted between 12:00 p.m. Eastern Time (“ET”) on April 22, 2024 and 11:59 p.m. ET on May 6, 2024 (the “Entry Period”).

There is two (2) ways to enter the Sweepstakes:

1. Instagram Entry: To enter through Instagram, Entrants must do all of the following:

a. “follow” both @visitnewsmyrnabeach and @accessatl on the Entrant’s Instagram account,

b. “like” @accessatl’s Instagram post about the Sweepstakes (the “Post”), and

c. tag one additional Instagram user in the “comments” section of the Post.

The combination of “a”, “b”, and “c” will constitute one “Entry.” All Entries must be received during the Entry Period to be eligible. Late submissions will not be entered.

2. Mail-In Entry:

a. Legibly print your full name, postal address, valid email address, phone number, and date of birth on a piece of paper or a 3″x5″ index card, write down ACCESS ATLANTA NEW SMYRNA BEACH VACATION SWEEPSTAKES, and mail it to Sponsor’s address below (each completed piece of paper or 3″x5″ index card received = 1 Entry).

b. To be eligible, mail-in entries must be postmarked and received by Sponsor before the end of the Entry Period. Late submissions will not be entered.

Limit one (1) Entry per person and per Instagram account for the duration of the Entry Period. Multiple entries received from any person or Instagram account after the first Entry received from that person or Instagram account or household will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All entries become the property of Sponsor and will not be acknowledged or returned. By participating in the Sweepstakes, you agree to be bound by Sponsor’s Terms of Use and Privacy Policy, hereby incorporated by reference.

Entry must be in keeping with the Sponsor’s image and not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights, or any other third-party rights. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules.

Each entrant hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Entry.

PRIZE: One (1) winner will receive a Prize consisting of:

· A certificate for a 2-night stay at the Riverview Hotel and Spa (ARV: $378; Expires 3/15/2025);

· Two (2) tickets to Get Up and Go Kayak Tours (ARV: $139);

· Two (2) Full Day Bike Rentals from Pedego Electric Bikes (ARV: $120)

· Two (2) tickets for Tour and Tasting at Sugar Works Distillery (ARV: $70; Expires 10/31/2025);

· Two (2) Beer Flights at New Smyrna Beach Brewing Company (ARV: $60).

Total ARV of the Prize: $767.00.

TRAVEL IS NOT INCLUDED AS PART OF THE PRIZE. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to airfare, ground transportation, personal charges at lodging, telecommunication charges, security fees, various taxes, spa treatments and services, specialty dining, tours & excursions, courses, purchases made at gift shops or other expenses or incidentals are not included and are the responsibility solely of the Winner and their companion.

Blackout and expiration dates apply. Prize redemption is subject to availability. Contact the hotel and activity providers for limitations and restrictions, to confirm availability, and to make reservations. Hotel certificate can be redeemed for Sundays through Thursdays and must be used by March 15, 2024. Credit card and identification required to redeem Pedego bike rental.

The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value.

DRAWING: The potential winner will be selected by the Sponsor in a random drawing from all eligible entries on or around May 7, 2024 from all eligible Entries received as of the time of the drawing. Odds of winning depend on the number of eligible entries received.

WINNER NOTIFICATION: Winners are subject to verification, including verification of age.

· Potential winners who submit an Entry via Instagram will be notified by direct message to their Instagram account used to enter. Potential winners notified via Instagram must respond to Sponsor’s direct message within 48 hours to confirm his/her/their acceptance of the Prize (“Acceptance Period”).

· Potential winners who submit a Mail-In Entry will be notified via email from jay.schultz@coxinc.com to the email address provided in the applicable Entry. Potential winners notified via email must respond to Sponsor’s email within 48 hours to confirm his/her/their acceptance of the Prize (“Acceptance Period”).

A potential winner may be required, in Sponsor’s sole discretion, to provide an email address and/or physical mailing address in the USA (that is not a PO box) to coordinate the receipt of their prize. Upon Sponsor’s receipt of the potential winner’s email address and mailing address, the potential winner, in Sponsor’s sole discretion, may be required to: (A) verify his/her/their eligibility by completing, signing, having notarized, and returning an Affidavit of Eligibility/Liability Release; (B) where requested and lawful, signing a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation); (C) completing a U.S. tax form W-9 (when requested by Sponsor); and/or (D) supply a copy of their Driver’s License or government-issued I.D.

The Winner and their travel companion may both be required, in Sponsor’s sole discretion, to execute liability/publicity releases prior to travel, unless prohibited by law. Winner and travel companion are solely responsible for obtaining documents necessary for their respective international travel (i.e. passport/visa), if applicable. Additional restrictions, conditions and limitations may apply.

If potential winner doesn’t respond within the Acceptance Period, such documents are requested and not returned within the specified time period, a prize notification is returned as undeliverable, Sponsor is unable to contact the potential winner, or the potential winner is not in compliance with these Official Rules, then prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Only one (1) alternate drawing will be held, after which the Prize will remain un-awarded.

Taxes. The Winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Sponsor in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize. Such winnings of $600 or more will be reported to the IRS, and each winner will be later issued an IRS Form 1099-MISC (or its equivalent) reflecting the Approximate Retail Value (“ARV”) of the prize won, and winner will be solely and exclusively responsible for all federal, state, and local income taxes that may result from winner’s acceptance of the Prize.

GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes, and (b) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which it may withhold in its sole discretion.

PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and Prize Provider’s use of winner’s name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment of consideration.

LIMITATION OF LIABILITY: By participating in this Sweepstakes, participants release, discharge, and agree to hold harmless Sponsor and Prize Provider, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, postage-due, or garbled entries or mail; or for 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 prizes, or the incorrect uploading of any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any 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 website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, randomly select the potential winner from all eligible, non-suspect entries received prior to action taken.

TAMPERING: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes.  In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an Entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the sweepstakes.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Georgia, USA.

WINNER’S LIST: The list of winners will be made available in the comments of the Sweepstakes Instagram post, and will be made available via inquiry to jay.schultz@coxinc.com, on or around May 30, 2024.

SOCIAL MEDIA DISCLAIMER: By entering this Sweepstakes, entrants agree to release Instagram, its affiliated entities and their respective officers, directors, shareholders, agents, employees and representatives from any and all claims, demands, causes of action, losses, expenses, costs and liabilities of any nature whatsoever that the entrant may have against any of them which may arise out of or in connection with this Sweepstakes.

Instagram. Per Instagram rules, this Sweepstakes is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm that they are 13+ years of age, release Instagram of responsibility, and agree to Instagram’s terms of use.

THIRD PARTY TRADEMARKS: Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply endorsement or sponsorship of this Sweepstakes or of Sponsor.

SPONSOR: Atlanta Journal-Constitution, LLC d/b/a Access Atlanta, 6205 Peachtree Dunwoody Rd NE, Atlanta, GA 30328.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Instagram.