This agreement applies to Give & Go as the operator, all beneficiary organizations, all sweepstakes entrants, and all prize winners. By participating in any Give & Go campaign in any capacity, all parties agree to be bound by the terms set forth herein.
For purposes of this Agreement, the following definitions apply:
Each Participant expressly acknowledges, understands, and agrees that participation in the Give & Go sweepstakes and acceptance and use of any prize involves inherent risks, dangers, and hazards, many of which cannot be foreseen or eliminated. By participating, each Participant knowingly and voluntarily assumes full and complete responsibility for all such risks.
Participants acknowledge that the prize involves international travel to foreign countries including but not limited to Mexico, Jamaica, the Dominican Republic, and the Maldives, and that such travel carries additional risks beyond those associated with domestic travel, including but not limited to:
In consideration of being permitted to participate in any Give & Go sweepstakes campaign and/or accept any prize, each Participant, on behalf of themselves and their heirs, executors, administrators, legal representatives, successors, and assigns, hereby irrevocably and unconditionally RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE Give & Go from any and all liability, claims, demands, actions, causes of action, losses, damages, costs, and expenses of any nature whatsoever, whether known or unknown, foreseen or unforeseen, existing or arising in the future, arising out of or relating in any way to:
Give & Go expressly disclaims all liability for the following travel and resort-related risks, and all Participants assume full responsibility for these risks:
Give & Go is not a travel agency, tour operator, airline, or resort. Give & Go makes no representations regarding the quality, safety, or condition of any resort, airline, or transportation service associated with the prize.
Give & Go shall have absolutely no liability whatsoever for any physical injury, bodily harm, permanent disability, or death arising from or in connection with any Give & Go sweepstakes campaign or prize, including but not limited to:
Give & Go assumes no liability whatsoever for any illness, disease, medical condition, or health-related event arising from or in connection with participation in any Give & Go campaign or acceptance of any prize, including but not limited to:
Give & Go strongly recommends that all Winners and travel companions consult their physician before travel, obtain all recommended vaccinations, and purchase comprehensive travel health insurance including emergency medical evacuation coverage.
Give & Go assumes absolutely no liability for any injury, illness, loss, damage, or death occurring in connection with any activity, excursion, tour, or off-property adventure undertaken by the Winner or their guests during the prize trip, including but not limited to:
Give & Go assumes no responsibility or liability for any criminal act, security incident, or harm caused by third parties during or in connection with any prize trip, including but not limited to:
Winners acknowledge that certain prize destinations, including parts of Mexico, have been the subject of US Department of State travel advisories and that travel to these destinations carries elevated risk. Winners travel to all prize destinations entirely at their own risk and discretion.
Give & Go assumes no liability for any loss of or damage to personal property, or any financial loss, arising from or in connection with any Give & Go campaign or prize, including but not limited to:
Give & Go shall have no liability whatsoever for any failure to perform, delay in performance, modification, cancellation, or interruption of any campaign or prize resulting from any cause beyond Give & Go's reasonable control, including but not limited to:
In the event of a force majeure, Give & Go may in its sole discretion substitute an alternative prize of comparable value, reschedule the campaign, or if a prize cannot reasonably be fulfilled, offer a refund of entry fees to all Participants. No other compensation or damages shall be owed to any Participant in connection with a force majeure event.
In addition to all other waivers and releases in this Agreement, each Beneficiary Organization specifically agrees to the following:
This covenant not to sue is in addition to and does not replace or limit the releases and waivers set forth elsewhere in this Agreement. The filing of any lawsuit in violation of this covenant shall entitle Give & Go to recover its full attorneys' fees, court costs, and all other expenses incurred in defending such action.
No Participant may bring any legal claim against Give & Go on behalf of any class, group, or collective of Participants. All claims, if any, must be brought solely on an individual basis in binding arbitration as set forth in Section 14.
Each Participant agrees to fully indemnify, defend, and hold harmless Give & Go, its owners, officers, directors, employees, agents, and affiliates from and against any and all third-party claims, demands, causes of action, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
Any dispute, controversy, or claim arising out of or relating to this Agreement, any Give & Go campaign, or any prize that cannot be resolved informally shall be resolved exclusively through final, binding arbitration administered by a recognized arbitration organization in accordance with its then-current commercial arbitration rules. The arbitration shall take place in New Jersey, and the arbitrator's decision shall be final and binding on all parties.
The arbitrator shall have no authority to award punitive damages, consequential damages, or any other damages beyond the Participant's actual out-of-pocket entry fee paid to Give & Go in the specific campaign at issue. This limitation on damages is a material term of this Agreement.
Each party shall bear its own costs in arbitration unless the arbitrator finds that a claim was frivolous, in which case the party bringing the frivolous claim shall bear all costs including the other party's attorneys' fees.
Notwithstanding the foregoing, Give & Go may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm without waiving its right to arbitration on all other claims.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law principles. Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in New Jersey, and each Participant consents to the personal jurisdiction of such courts.
If any provision of this Agreement is found to be invalid, unenforceable, or void by a court or arbitrator of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect. The invalidity of any single provision shall not affect the validity or enforceability of any other provision.
This Agreement, together with the Give & Go Official Sweepstakes Rules and any campaign-specific terms, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings. Give & Go reserves the right to modify this Agreement at any time upon notice. Continued participation in any Give & Go campaign following notice of modification constitutes acceptance of the modified Agreement.
By accepting the prize and bringing any guest, travel companion, family member, friend, or any other individual (collectively "Guests") on the prize trip, the Winner expressly assumes full legal responsibility for all acts, omissions, injuries, illnesses, losses, and conduct of every Guest for the entire duration of the prize trip, including travel to and from the destination.
The Winner represents and warrants that each Guest has been informed of and agrees to the terms of this Agreement in full. The Winner agrees that each Guest's participation in the prize trip is subject to all of the same waivers, releases, covenants not to sue, and liability limitations that apply to the Winner under this Agreement.
This Guest liability assumption covers all activities, whether on-property or off-property, including but not limited to:
Give & Go strongly recommends that the Winner obtain comprehensive travel insurance coverage for all Guests prior to travel, including emergency medical, evacuation, and trip cancellation coverage.
Any Winner who brings a minor (any person under the age of 18) on the prize trip expressly acknowledges and agrees to the following:
The Give & Go prize includes access to an unlimited premium open bar and complimentary alcoholic beverages as part of the all-inclusive resort package. Each Participant expressly acknowledges and agrees to the following:
By accepting the prize and undertaking any prize-related travel, the Winner and each Guest self-certify the following:
Give & Go is not liable for the cost of any medical treatment, hospitalization, surgery, medication, emergency evacuation, or repatriation of remains incurred by the Winner or any Guest during the prize trip, regardless of cause.
Each Participant expressly waives all claims against Give & Go for any emotional distress, psychological harm, mental anguish, trauma, anxiety, post-traumatic stress, or any other psychological or psychiatric condition or consequence arising from or in connection with:
This waiver of emotional distress claims is intended to be comprehensive and to cover all present and future psychological consequences of participation in any Give & Go campaign or prize trip, whether or not such consequences were foreseeable at the time of entry.
Each Participant acknowledges and agrees to the following regarding social media activity and public statements in connection with any Give & Go campaign or prize: