Promo Terms & Conditions

RELEASE, WAIVER AND DECLARATION OF ACKNOWLEDGMENT (the “Agreement”)

Sweepstakes by Luxury Giveaway, LLC located at 1232 Choptank Road, Middletown, Delaware 19709 (the “Sweepstakes”)

Entry Period: Entries will begin being accepted at 4:00 p.m. eastern standard time on September 30, 2024, and end the entry period will close on December 20, 2024, at 4:00 p.m. eastern standard time (the “Entry Period”). Entries will only be accepted during the Entry Period.

FIRST PRIZE: 2025 VAN PATTEN GOLF CLUB PLATINUM BLACK MEMBERSHIP & THREE FOURSOME GOLF PASSES

(Retail Value approximately $3,700.00)

  • Golf 7 days per week / No restrictions
  • Reserve Tee Times 30 Days in Advance
  • 10% off golf shop merchandise
  • Includes USGA Handicap
  • Free Driving Range
  • Golf cart pass is NOT included

HOW TO ENTER FOR VAN PATTEN GOLF CLUB MEMBERSHIP

The Giveaway entrant may enter by completing all of the following before October 11, 2024 at 4:00 PM EST:

  1. The entrant must be following Van Patten Golf Club AND Elements at Saratoga Lake on Instagram.
  2. The Giveaway entrant must enter by commenting on the relevant social media Giveaway post.

Entrants will also have the Alternative Method of Entry (“AMOE”): To enter the giveaway via mail, please hand-write your name, address, email, and phone number on a 3x5 inch card and mail it to “Attn: Giveaway, 924 Main Street, Clifton Park, NY 12065.” Mail must include pre-paid stamp. Mail must be received by October 11, 2024 at 4:00 PM EST.

Winner to be announced via Instagram/Facebook on October 14, 2024 at 4 PM EST.

SECOND PRIZE: HERMÉS BIRKIN 35 NOIR & BREITLING SUPER AVENGER CHRONOGRAPH 48 (Retail value approximately $24,000.00)

HOW TO ENTER FOR HERMÉS BIRKIN & BREITLING WATCH

The Giveaway entrant may enter by completing all of the following before November 15, 2024 at 4:00 PM EST:

  1. Entrant must be following Lola Saratoga AND Elements at Saratoga Lake on Instagram
  2. Share the Giveaway post
  3. Complete the registration form below.
  4. Schedule & complete a tour at Elements at Saratoga Lake
  5. Post a photo and write your favorite part of Elements at Saratoga Lake & tag Elements
  6. Leave a Google review for Elements at Saratoga Lake after completing the tour

Entrants will also have the Alternative Method of Entry (AMOE): To enter the giveaway via mail, please hand-write your name, address, email, and phone number on a 3x5 inch card and mail it to “Attn: Luxury Giveaway, 77 Ushers Road, Suite 1, Mechanicville, NY 12118.” Mail must include pre-paid stamp. Mail must be received by November 15, 2024 at 4:00 PM EST.

Winner to be announced via Instagram/Facebook on November 18, 2024 at 4 PM EST.


THIRD PRIZE: GRAND/FINAL PRIZE: TRIP FOR TWO TO NANTUCKET, MA (Retail value up to $30,000.00)

  • Roundtrip private jet from Albany, NY to Nantucket, MA
  • Five days, four nights at White Elephant Nantucket
  • ONLY HOTEL AND AIRFARE are paid for in full.

HOW TO ENTER FOR TRIP FOR TWO TO NANTUCKET, MA

The Giveaway entrant may enter by completing all of the following before December 20, 2024 at 4:00 PM EST:

  1. Share the Giveaway post
  2. Complete the registration form below.
  3. Schedule & complete a tour at Elements at Saratoga Lake
  4. Post a photo and write your favorite part of Elements at Saratoga Lake & tag Elements
  5. Leave a Google review for Elements at Saratoga Lake after completing the tour
  6. Sign a 12-month lease agreement

Entrants will also have the Alternative Method of Entry (AMOE): To enter the giveaway via mail, please hand-write your name, address, email, and phone number on a 3x5 inch card and mail it to “Attn: Luxury Giveaway, 77 Ushers Road, Suite 1, Mechanicville, NY 12118.” Mail must include pre-paid stamp. Mail must be received by December 20, 2024 at 4:00 PM EST.

Winner to be announced via Instagram/Facebook on December 23, 2024 at 4 PM EST.

The Entrant who is selected as a winner of the foregoing prize and trip for two (2) to Nantucket, MA will also be required to execute a separate Release and Wavier together with the Entrant’s choice of accompanying guest who will be sharing in the Prize and the use and enjoyment thereof.

DRAWING OF SWEEPSTAKES WINNER: The potential Prize Winners will be selected in a random drawing from among all eligible Entries received throughout the Entry Period. The Prize drawing will be conducted by the Sponsor and/or it’s Partners, who will have complete discretion over the interpretation of the Official Rules, of the administration of the Sweepstakes, and the selection of winners, and whose decisions are final and binding. Each potential winner will be contacted by the Sponsor via Instagram Direct Message promptly thereafter. The odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. Notification is deemed to have occurred immediately upon Sponsor sending a direct message or email, and/or placing of a phone call to Entrant. The Entrant must respond within twelve (12) hours of the first attempted notification (or such other shorter period as the Sponsor specifies). The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. It is Entrant’s responsibility to timely set Entrant’s account settings to accept contacts by Sponsor and to timely check Entrant’s account for such messages. Each Entrant is responsible for monitoring Instagram for the notification and communications regarding the Sweepstakes. Sponsor has no liability for potential winner’s failure to receive notices due to filters, security settings or provision of incorrect or non-functioning contact details. If the winner notification remains unanswered for more than twelve (12) hours, the Prize will be forfeited in its entirety and an alternate Winner (as defined below) will be selected.
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Except where legally prohibited, each potential Prize Winner may be required by Sponsor to sign and return, within twelve (12) hours of being notified (unless a shorter period of time is specified by Sponsor), an Affidavit of Eligibility, Prize Acceptance Agreement, Liability; Publicity Release, as well as any applicable tax documents (e.g., a W-9 and/or 1099-MISC) in order to claim his/her prize. Additionally, Winners may be required to provide Sponsor with a valid driver’s license and proof of insurance to claim delivery and/or pickup of the Grand Prize. If (i) a potential Prize Winner cannot be contacted per above, (ii) the Prize notification is returned rejected, faulty, unclaimed or returned as undeliverable to such Prize Winner after the first attempt to contact him/her, (iii) if he/she fails to sign and return the Affidavit of Eligibility, Prize Acceptance Agreement, Liability &; Publicity Release or other required document within the required time period (if applicable), (iv) if any Prize Winner is found to be ineligible or has not complied with these Official Rules, (v) if the potential Winner cannot accept any portion of the Prize or declines a Prize for any reason prior to award, or (vi) in the event that a potential Prize Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Winner selected by a random drawing from among all remaining eligible entries.

Non-compliance shall result in disqualification and award of the Prize to an alternate Entrant. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent.

CONSUMER DISCLOSURE NO PURCHASE REQUIRED: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT INCREASE AND/OR IMPROVE THE CHANCES OF WINNING.

NO SPONSORSHIP OR ENDORSEMENT: THE SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. AND/OR FACEBOOK AND/OR META AND/OR HERMES AND/OR BREITLING AND BY ENTERING THE SWEEPSTAKES, ENTRANTS (AS DEFINED BELOW) AGREE TO RELEASE AND HOLD HARMLESS INSTAGRAM AND/OR META AND/OR PARTNERS GROUP AND/OR WHITE ELEPHANT NANTUCKET FROM ANY AND ALL LIABILITY ASSOCIATED WITH THIS SWEEPSTAKES.

ELIGIBILITY: The Sweepstakes in only open to legal residents of the United State of America who are at least eighteen (18) years of age or the age of majority in their applicable jurisdiction at the time of entry (nineteen (19) years of age in Alabama and Nebraska, twenty-one (21) years of age in Mississippi), and currently reside in their respective states of permanent residence at the time of entry (individually and Entrant and collectively the “Entrant”).

In order to be confirmed as a Prize winner and be awarded the Prize described above, the Entrant must duly complete and sign this Agreement and return it to Luxury Giveaway, LLC, no later than 4:00 p.m. eastern standard time on December 20, 2024.

AGREEMENT IN COMPLIANCE WITH NEW YORK

GENERAL BUSINESS LAW § 369-ee

I declare that I willingly participated in the Sweepstakes and one or all activities related thereto. In consideration of for having participated in the Sweepstakes and accepting the Prize associated therewith, if I win, I,

for myself and my heirs, estate, insurers and assigns, HEREBY:

  1. declare that I have been provided with, read, understand and complied with the rules governing the Sweepstakes as set forth herein above;
  1. confirm that I am eighteen (18) years or older and that neither I nor any member of my immediate family (or persons with whom they are domiciled) is an employee of Luxury Giveaway, LLC, or its advertising promotional agencies;
  1. fully and forever release Luxury Giveaway, LLC, and its affiliates, subsidiaries, licensees, sponsors, directors, officers, employees, representatives, agents, insurers, assigns, and successors, and all others involved in the Sweepstakes (the “Released Parties”), from any and all losses, damages, injuries (including death), claims, demands, lawsuits (including negligence), expenses (including legal fees and disbursements ), and any other liability of any kind, of or to me or any other person, directly or indirectly arising out of or in connection with my participation in the Sweepstakes any my acceptance and use of the Prize;
  1. agree not to threaten or initiate, directly or indirectly, any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of loss, damage, expenses or injury sustained by me or others in connection with my participation in the Sweepstakes or acceptance and use of the Prize, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any loss, damage, expenses or injury that I or others may experience related to the Sweepstakes and my acceptance and use of the Prize;
  1. agree to hold harmless, indemnify and reimburse the Released Parties from any sums whatsoever (including legal fees and disbursements) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage, injuries (including death), claims, demands, lawsuits (including negligence), expenses (including legal fees and disbursements) and any other liability of any kind, sustained by me or others in connections with my/their participation in the Sweepstakes or my/their acceptance and use of the Prize. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries I or others suffer;
  1. understand that the Released Parties do no provide insurance, either life, medical or liability for any illness, accident, loss, damage or injury that may arise in connection with my participation in the Sweepstakes and my acceptance and/or use of the Prize. If I want insurance of any kind, I must obtain my own. I will pay my own medical emergency expenses and all subsequent medical expenses related to any illness, accident or injury in connection with the Sweepstakes and may acceptance and/or use of the Prize;
  1. acknowledge that if any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. The Agreement supersedes any or written statements made by or to me in connection with the Sweepstakes. I understand that I cannot terminate, cancel of revoke the Agreement for any reason;
  1. give and grant perpetually to Luxury Giveaway, LLC, and its affiliates, subsidiaries, licensees, sponsors, directors, officers, employees, representatives and agents, exclusively, the irrevocable right without limitation, to all now and hereafter existing common law, statutory and moral rights throughout the world (and regardless of whether or not such rights are now known), in and to my image, likeness, name and voice and any and all my services of my performance, as well as all material created in connection with my services and my performance hereunder, including all photographs, video footage and audio clips of me produced or caused to be produced by Luxury Give Away, LLC, in connection with my participation in the Sweepstakes and my acceptance and use of the Prize (collectively, the “Photographs”) and in and to the results and proceeds of such services and performance, including, without limitation, the perpetual and unlimited right to reproduce (by transcription, tape or other recording process whether no known or hereafter developed) any and all of the Photographs or other material produced, and the complete unencumbered right throughout the world, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, edit and use the Photographs for any purpose, in any manner by any means and in any medium, whether now known or hereafter developed, all or any part or parts of the matters and things referred to in this paragraph. I acknowledge that I shall not have or claim to have any right, title or interest in or to the Photographs or other material produced hereunder;
  1. agree to execute and deliver any further documents and perform all further acts, as Luxury Giveaway, LLC, in its sole discretion may deem necessary to give effect to this Agreement;
  1. further agree that this document is governed by the laws of the State of New York, and applicable federal laws of the United States, and operates to the benefit of the Released Parties, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate. Any action arising out of or based upon this Agreement, the Sweepstakes contemplated hereby or thereby may be brought in the courts of the State of New York, County of Saratoga, and each party irrevocably submits and agrees to attorn to the [non-exclusive] jurisdiction of that court in any such Action. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in that court and irrevocably waive and agree not to plead or claim in that court that such Action has been brought in an inconvenient forum.
  1. Notices, Consents, etc. All notices, demands and other communications to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given (i) when personally delivered, sent by fax or email (with hard copy to follow) or sent by reputable overnight express courier (charges prepaid), or (ii) three (3) calendar days following mailing by certified or registered mail, postage prepaid and return receipt requested. Such notices, demands and other communications shall be sent to the addresses indicated below or such other address or to the attention of such other person as the recipient has indicated by prior written notice to the sending party in accordance with this Section ¶11:

LUXURY GIVEAWAY, LLC

1232 Choptank Road, Middletown, Delaware 19709

  1. Counterparts. This Agreement may be executed in one or more counterparts (including by means of telecopied signature pages or signature pages delivery by electronic transmission in portable document format (pdf)), all of which taken together shall constitute one and the same instrument. This Agreement and any signed agreement or instrument entered into in connection with this Agreement, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or electronic transmission in portable document format (pdf), shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or electronic transmission in portable document format (pdf) to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic transmission in portable document format (pdf) as a defense to the formation of a Contract and each such party forever waives any such defense, except to the extent such defense relates to lack of authenticity.
  1. Headings. The subject headings of articles, sections and paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
  1. No Drafter. The Parties cooperated in the drafting of this Agreement, and its provisions shall not be construed against any party on the grounds that such party was the drafter of this Agreement or any part thereof.

IN WITNESS HEREOF, the Entrant has executed this Agreement on the day and year set forth beneath their signatures below with the intention of executing this Agreement.