Official Giveaway Rules

The Calm Caterpillar x Beaches Resorts Autism Giveaway

This Giveaway is sponsored by The Calm Caterpillar. We are proud to team up with Beaches Resorts, combining our dedication to helping kids feel calm, supported, and empowered—whether at home or on vacation.

GIVEAWAY DATES:

●               Start Date: June 5, 2025

●               End Date: June 12, 2025 at 11:59 PM ET

●               Winner Announced: On June 13th via IG Stories and DM/Email. The winner must respond within 24 hours or a new winner may be selected.

HOW TO ENTER:

1.             Follow @thecalmcaterpillar and @BeachesResorts on Instagram

2.             Comment "Beaches" on the giveaway social post

3.             Fill out the short form sent to DMs

4.             Share the reel/ post to stories

 

ELIGIBILITY:

●               No purchase necessary. This giveaway is in no way sponsored, endorsed, or administered by Instagram.  This Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

●               Open to legal residents of Canada and USA excluding states NY, RI, FL who are [age 18 years of age or older] at the time of entry. One entry per person. Employees of The Calm Caterpillar and their immediate families are not eligible.

 

WINNER SELECTION:

 

Agreement to Rules: By entering this Giveaway, the Entrant ("You") agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor's decisions as final and binding as they relate to the content of this campaign. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Giveaway.

PRIZE:

One (1) 5-day/4-night stay for four (2 adults and 2 children ages 15 and under) at any Beaches Resorts location in Jamaica or Turks & Caicos (provided by Unique Travel Corp, the worldwide representative for Beaches Resorts) Average Retail Value: $5,544.

 

●               The PRIZE TERMS AND CONDITIONS:

(i)             Beaches Resorts is an All-Inclusive resort destination for everyone.

 

(ii)           Prizewinner must be at least 18 years of age or older.

 

(i)             Luxury accommodations (one room Deluxe level room - quad occupancy), all meals, unlimited premium brand liquors, daily & nightly entertainment, an array of land and water sports activities, including scuba diving (for certified divers), snorkeling, Wi-Fi in all rooms and public areas, access Kids Camps, resort taxes, resort gratuities, and Beaches transfers to and from the selected or designated resort’s airport.

 

(ii)           “Exclusions” – airfare, car rental, personal charges, incidentals, telephone calls, Premium Wi-Fi, Red Lane® Spa treatments and services, specialty dining, tours & excursions, inter-island transportation, SCUBA certification courses, room services, meals outside of the selected or designated resort, island departure taxes, purchases made at the Beaches Specialty or Gift Shops, baggage fees, customs duties, and travel insurance are not included.

 

(i)             Beaches Resorts Prize will be issued in the form of a prize certificate (“Prize Certificate”) outlining the terms and conditions of the prize and redemption procedures.

 

(iii)         The Beaches Resorts Prize must be redeemed for travel within one (1) year of the date the Beaches Resorts Prize Certificate is issued. The Beaches Resorts Prize is not transferable or redeemable for cash. No extensions will be given after the redemption period for the Beaches Resorts Prize has expired. If the Beaches Resorts Prize is not redeemed, the Beaches Resorts Prize will be forfeited.

 

(iv)          Beaches Resorts Prize is subject to space availability and selected blackout dates (fourteen days before and after each major US holiday). Reservations will not be confirmed until 30 days prior to the selected travel date. Confirmation of travel dates will only be provided 30 days prior to the departure date.

 

(i)             Any federal, state and/or local taxes applicable to the Prize will be the prizewinner’s responsibility to pay and the prizewinner shall be solely responsible to declare the receipt of the prize. The Sponsor and/or the Beaches Resorts Prize Provider will not issue any tax forms.

 

(iii)         A valid passport is required for international travel.

 

(v)           Substitution of Resort: The Beaches Resorts Prize Provider (“Unique Travel Corp”, the worldwide representative for Beaches® Resorts) reserves the right to substitute the selected resort for another resort in the selected resort’s chain in a similar category based on availability of space for the secured travel dates, and to change dates without prior notice for any circumstance(s) beyond the selected resort’s control and if such circumstance(s) so require. The Terms and Conditions agreed to shall apply with equal applicability to any resort, which is the subject of substitution or deviation. Neither Unique Travel Corp nor Beaches Resorts shall be liable for any claim made whatsoever, including but not limited to loss, compensation, or refund by reason of such substitution or deviation.

 

(vi)          Compliance With Government Entities: Unique Travel Corp, its affiliates, and parent as well as Beaches Resorts and/or resort related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of the LOA or any LOA entitling the Influencer to assert any claim for liability, compensation or refund.

 

(ii)           Health & Safety: Beaches Resorts reserves the right to implement or modify health and safety protocols, policies and procedures at any time as needed, in keeping with public health guidance and applicable law.

 

(i)             CLASS ACTION WAIVER: FOR ACCEPTANCE OF THE BEACHES RESORTS VACATION PACKAGE, THIS CLAUSE PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST(S) TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST(S) FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER AS A RESULT OF THIS LOA AND/OR THE ACCEPTANCE OF THE BEACHES RESORTS VACATION PACKAGE. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST(S) AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST UNIQUE TRAVEL CORP WHATSOEVER SHALL BE LITIGATED BY GUEST(S) INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST(S) EXPRESSLY AGREE TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST(S’) CLAIM IS SUBJECT TO LEGAL PROCEEDING UNDER FOREIGN SELECTION AND CHOICE OF LAW PROVISIONS OF THE UNIQUE TRAVEL CORP. - TERMS AND CONDITIONS, available here for Beaches Resorts https://www.beaches.com/general/terms/ THE GUEST(S) FURTHER AGREES AND ACKNOWLEDGES THAT THIS CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE PROCEEDING OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE LOA AND/OR ACCEPTANCE OF THE VACATION PACKAGE TO ANY CLAIMS HEREIN. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW. GUEST(S) AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE FORUM SELECTION AND CHOICE OF LAW PROVISION SET FORTH IN THE UNIQUE TRAVEL CORP. – TERMS AND CONDITIONS as stated herein. GUEST(S) AGREES THAT THE PARTIES REFERENCED IN FOREIGN SELECTION AND CHOICE OF LAW PROVISIONS OF THE UNIQUE TRAVEL CORP. – TERMS AND CONDITIONS THAT MAY BE THE SUBJECT OF ANY CLAIM BY GUEST(S) CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.

 

(iv)          Travel Safety Warning

(a)           Due to the fact that travel and tourism are constantly in a state of flux, prizewinner shall be advised to consult the U.S. State Department’s website at <travel.gov> and enter the name of the country(ies) that they plan to visit for the latest information concerning traveler safety, security, and health advisories.

 

(a)           All guests are responsible for checking the travel and entry protocols for the destination that they are travelling to before they depart and ensuring that they fully understand and comply with any such protocols. For example, for some destinations, may require guests to be fully vaccinated and/or to obtain a negative PCR Covid-19 test a certain number of days pre and post travel. All clients/customers should be advised to visit the travel.gov website before travel and to check the official Government website for the country they are visiting. Prize Supplier and/or Sandals Resorts International Ltd. shall not be responsible for any additional costs incurred for any required test or any other pre-travel requirements.

 

(i)              Use of Personal Data/Personal Information: Entry into the Giveaway/Sweepstakes for the Beaches Resorts Prize constitutes the participants’ representation of eligibility, consent to participate and consent for the Sponsor to obtain, use and transfer your name, email address and other information obtained through the entry process for the purpose of the Sweepstakes administration and Beaches Resorts Prize redemption. Beaches Resorts privacy policy is available here: https://www.beaches.com/general/privacy/.

 

PRIZE CONDITIONS: By accepting the Prize, the Prize Winner agrees to release the Sponsor and the Prize Provider (together the “Release Parties”) from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering this Giveaway or for damages of any kind caused by any Prize or resulting from acceptance, possession, or use/misuse of Prize awarded. The Prize is awarded "as is" with no warranty or guarantee, either express or implied. The Prize Winner will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity Release form provided to them to be returned within seven (7) days of written notification.

Actual/appraised value of the Prize may differ at time of prize award. The specifics of the Prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except at the Prize Provider's discretion. The Prize is non-transferable. Substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent of the Prize by the Prize Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the Prize constitutes permission for the Sponsor to use the Prize Winner’s name, likeness, and entry for purposes of advertising and trade in any and all media now known or hereinafter invented without territorial or time limitations, without further compensation, and without further notice unless prohibited by law.

Limitation of Liability: By entering this Giveaway You agree to release and hold harmless the Released Parties and where applicable their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Giveaway; (iii) electronic or human error in the administration of the Giveaway or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.

Disputes: By participating in this Giveaway, You agree that any and all disputes and claims that cannot be resolved between the parties and any causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). You further waive all rights to have damages multiplied or increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with the laws of the state of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the Prize set forth above represents the Prize Provider’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.