Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS PROMOTION.  A PURCHASE WILL NOT INCREASE ONE’S CHANCES OF WINNING.

By participating in this Promotion, each Participant agrees to these Official Rules (“Rules”) which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor, a waiver by the Participant of the ability to bring a class action, a release by the Participant of certain claims for damages that Participant may bring, and a limitation of Participant’s rights and remedies. By posting an Entry Post and using the Required Hashtag, you agree to these Rules, including the “Eligibility” and the “Grant of License” section below, in which, among other things, you grant Sponsor rights to use your Entry Post (defined below), and all instructions by Sponsor.

You will only be entered if you fully comply with these Rules and all instructions from AMSTAR DMC, its divisions and related entities, and each of their representatives (collectively, “Sponsor”).

By participating in this Promotion via a wireless mobile device, the owner of the mobile device may be charged for standard data use or text messaging sent and received from the mobile device according to the terms in the wireless service provider calling or data plan associated with that device. 

This Promotion is in no way associated with, or sponsored, endorsed or administered by, Instagram, LLC (“Instagram”). A valid Instagram account and internet access are required to enter. 

1.      IMPORTANT DATES. The A DAY IN CANCUN AS A TRAVEL ADVISOR CONTEST (“Promotion”) begins on October 22, 2026 (“Start Date”) and ends when the Prize is awarded or when Sponsor ends the Promotion, whichever occurs first (the “Promotion Period”). All times set forth herein are based on Eastern Standard Time (EST). Entry into the Promotion begins on the Start Date at 8 a.m. and ends on October 25, 2026 at 11:59 p.m. (“Entry Period”). The Promotion is void where prohibited.

2.      ELIGIBILITY.

a.      The Promotion is open only to individuals who are legal residents of the fifty United States and District of Columbia who meet the following requirements: (i) are 18 years of age or older; (ii) have internet access and a valid email address from time of entry through the end of the Promotion Period; (iii) have their own Instagram account that is set to the public setting from the time of entry through the end of the Promotion Period (“Entrant’s Instagram Account”); (iv) follow Sponsor’s designated Instagram accounts at @amstardmc and @askatraveladvisoralgv (“Sponsor’s Instagram Accounts”) from Entrant’s Instagram Account as of the date of their entry through completion of the Promotion Period; and (v) do not fall within the definition of an “Ineligible Party,” as defined in 2.c. 

b.      Sponsor along with (i) Sponsor’s affiliated companies, corporate partners, owned or operated hotels, and divisions; (ii) Sponsor’s advertising, marketing, public relations, and promotions agencies; and (iii) any other individuals or entities involved in the execution, administration or fulfillment of the Promotion shall be referred to herein as a “Promotion Party,” or collectively as the “Promotion Parties.”

c.      An “Ineligible Party” includes anyone who is (i) an employee, officer, director, member, manager, agent, or representative of a Promotion Party; (ii) a family member (defined as a parent, legal guardian, grandparent, spouse, child, ward, or sibling; whether biological, adopted, step or in-law) of any individual excluded under subsections 2.b.(i);  or (iii) a household member (defined as any period living under the same roof, whether related or not) during the Promotion Period of any individual excluded under subsections 2.b.(i) or 2.b.(ii)).

d.      Corporate or other business entities are not eligible and may not claim any prize won by an employee (even if winning the Prize conflicts with corporate policy, in which case the Prize will be forfeited entirely). Each Participant is solely responsible for ensuring that his/her entry does not violate his/her employer’s policy. Participation in this Promotion constitutes Participant’s full and unconditional agreement to and acceptance of these Rules and the decisions of Sponsor.

e.      Any individual who meets the eligibility requirements set forth in these Rules shall be deemed an “Eligible Entrant.”  Only one Eligible Entrant may use an email address or Instagram Account.  An Eligible Entrant may not use more than one email address or Instagram Account.

f.        Any individual who attempts to enter or participate in this Promotion, including both those who meet the definition of an Eligible Entrant and those who do not, shall be referred to herein as a “Participant.”

3.      HOW TO ENTER. During the Entry Period, Sponsor will post a Promotional prompt with instructions (the “Entry Prompt”) on Sponsor’s Instagram Account or in Sponsor’s marketing materials. To enter this Promotion, Eligible Entrants are invited to complete the following steps from Entrant’s Instagram Account during the Entry Period:

a.      Start following Sponsor’s Instagram Accounts before posting an Entry Post (as defined, below) and continuing following Sponsor’s Instagram Account through the end of the Promotion Period;

b.      Post an appropriate responsive post on Entrant’s Instagram Account (“Entry Post”) to the Entry Prompt, in conformance with these Rules, including without limitation the Additional Entry Post Requirements set forth in Rule 4, below;

c.      Tag Sponsor’s Instagram Account in the Entry Post (“Required Tag”);

d.      Include the following hashtags at the beginning of the Entry Post: #ContestEntry and #AmstarTAChallenge (the “Required Hashtags”).

Only successful completion by an Eligible Entrant of steps 3.a.-3.d. from Entrant’s Instagram Account (set to public setting) during the Entry Period in conformance with these Rules will result in eligible Entry Post that will be judged by Sponsor (“Entry”).  Limit one (1) Entry per Eligible Entrant. For purposes of this Promotion a “day” is the period starting at 12:00 a.m. and ending at 11:59 p.m. in the time zone stated in Rule 1. If more Entry Posts are received from the same Eligible Entrant than is permitted by this limit, all or all but the first of the entries from that Eligible Entrant may be disqualified, in Sponsor’s sole discretion. Entrants may not submit Entry Posts on more than one Social Media Account and may not submit multiple Entry Posts from the same Social Media Account platform.  Subsequent attempts made by an individual to submit entries in excess of the above-stated limits by using multiple or false contact information, by using multiple Social Media Accounts, by posting Photographs or Videos that are identical or substantially similar to previous descriptions posted by other Promotion entrants, or by any other means may be disqualified. Receipt of entries will not be acknowledged or returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, unintelligible, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified.  Entries made by any other individual or by any entity, or originating at or using any website, other than the Social Media Account platform, including, without limitation, commercial Promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. As a condition of entering the Promotion, each entrant gives consent for Sponsor and its representative to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects. Sponsor may at its sole discretion keep participant information or copies of Entry Posts for up to five (5) years after completion of the Promotion for business management and record keeping purposes.

Entry Posts and comments on those Entry Posts must be visible to others and to the public on Participant’s Instagram Account, and may be made visible to others and to the public on Sponsor Instagram Account(s), and within other users’ feeds.  In addition, Entry Posts and comments on those Entry Posts may be accessed and used by, or shared with, others on Instagram or otherwise as permitted by these Rules.  See “License” section below for other information about where and how a Submission may be used (including by Sponsor).

Entrant’s Instagram Account must be associated with an individual to be used for entering into this Promotion; Entry Posts posted from an Instagram account associated with any organization, company, corporation, partnership or other entity will not result in an Entry.  Each Entry Post must include the Required Hashtags and Required Tag in order to result in an Entry.  Entry Posts must be posted and received during the Entry Period, and must be identifiable by and viewable to Sponsor until the end of the Promotion Period, to be eligible. Sponsor, at its sole discretion, may disqualify an entry attempt that contains either technically incorrect Required Hashtags or content that is: (i) superfluous to the required content or (ii) otherwise violates these Rules.  For purposes of this Promotion, an Entry Post is “received” when the Instagram platform records the submission, and it becomes visible to Sponsor. Sponsor’s database clock will be the official timekeeper for this Promotion.  Entry Posts that are (i) incorrect and/or incomplete, (ii) received outside the Entry Period, (iii) unresponsive to the Entry Prompt, and/or (iv) violate these Rules, including the Additional Entry Post Requirements in Rule 4, will be void.

NOTE ABOUT MOBILE PARTICIPATION: By participating in this Promotion via a wireless mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), Participants may be charged for standard data use or text messaging sent and received from the mobile device according to the terms in the wireless service provider’s calling or data plan.  Normal airtime and carrier charges and other charges may apply to text messages or data use and will be billed on the bill of the wireless device used, or deducted from the pre-paid balance for such wireless device.  Each wireless carrier’s rate plan may vary, and Participant should contact his/her wireless carrier for information on messaging rate plans and charges relating to participation in this Promotion. Participation in this Promotion via mobile or text message means that Participant understands and agrees that Participant may receive push notifications or additional text messages from Sponsor or Instagram relating to this Promotion, including to notify Participant if Participant is a potential winner in the Promotion or to award a prize if Participant is a winner, which will be subject to the charges pursuant to Participant’s carrier’s rate plan. Text messaging and push notifications may not be available from all mobile device service carriers and handset models.  Check the capabilities of the device Participant is using for capabilities, for specific instructions, and for the wireless service provider’s calling or data plan. Text messaging and wireless service are not available in all areas, from all mobile device service carriers, and with all mobile phones, handsets, or other devices.

IMPORTANT: Sponsor may not be able to communicate with a Participant via some of Instagram’s features if Participant is not using the latest version of Instagram app.  It is each Participant’s sole responsibility to take all steps required for Sponsor to be able to detect and view Participant’s Entry Post, to set Participant’s Instagram account settings to accept communications by Sponsor, and to timely check Participant’s Instagram account for any direct messages, direct posts, or @Replies (as applicable) from Sponsor.  Sponsor is not responsible for changes to Instagram platform (or any website or mobile application offered as part of such platform) or its functionality that may interfere with the Promotion or ability of a Participant to timely enter or otherwise participate at all. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry Post using a search to find eligible Entry Posts. All use of Instagram in this Promotion must comply with the Instagram Terms of Service, available at http://instagram.com/about/legal/terms/. 

4.      ADDITIONAL ENTRY POST REQUIREMENTS: Participant’s Entry Post, and anything else a Participant submits or post in connection with this Promotion (other than the Required Tag and Required Hashtags) (the Participant’s “Submission”), must meet all of the following requirements or that attempt to submit an Entry Post may not result in an Entry and the Participant may be disqualified, as determined by Sponsor in its sole discretion:

a.      Written portions of a Submission must be in English.

b.      The written portion of the Entry Post may not exceed 200 characters.

c.      Submissions may only contain text unless the Entry Prompt explicitly allows for a photograph or video, in which case any non-text portions of the Entry Post must be in .jpg, .gif, or .png format and must not exceed three (3) MB.

d.      Submission must NOT depict, identify, or include any person other than the Participant who is submitting such Entry Post unless the person depicted is at least the age of majority in his or her jurisdiction of residence and the Participant posting the Entry Post has that person’s explicit consent to include him or her in the Entry Post. If requested by Sponsor, Participant agrees to provide adequate proof (as determined by Sponsor) of the person’s age and consent promptly upon Sponsor’s request. (Adequate proof may include, without limitation, an affidavit or declaration executed by the person depicted and notarized at Participant’s cost and expense).

e.      Submissions must NOT identify, reference, or depict any company other than Sponsor.

f.        Submissions must NOT identify, reference, or depict any brands, products or services, other than Sponsors, except for a use that, as determined by Sponsor, is incidental, in the background, and/or not the focal point or primary content of a submission.

g.      Submissions must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names and slogans), recognizable branded products or commercial artwork, except for a use that, as determined by Sponsor, is incidental, in the background, and/or not the focal point or primary content of a submission.

h.      Submissions must be originally created by and solely owned by the Participant submitting it, or in the public domain.  All third-party content and content not original to the Participant submitting it (unless it is in the public domain) is prohibited. Where the Entry Prompt allows for photographic content to be included, Participants may use filters and other photo editing features that are properly used and licensed according to and through such Participant’s photo editing or other software, however, Participant should not include any clip art or graphics that are not Participant’s own creation (or in the public domain).

i.        Submissions must not create or imply any improper association between Sponsor and the Participant or any other individual, entity, product or service.

j.        Submissions must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity. 

k.      Submissions must be unpublished and not have been submitted in any other contest, promotion, or competition.

l.        Submissions must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Sponsor, or any third party.

m.    Submissions must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations applicable to Participants or to this Promotion.

n.      Submissions must be suitable for presentation in a public forum.

o.      Submissions must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.

p.      Submissions must not, in the discretion and judgment of the Sponsor: (i) contain words, images or statements considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or who are disabled, (ii) contain any threats to any person, place, business, group or entity, or contain material that is unlawful, (iii) contain materials that promote bigotry, racisms, hatred or harm against any group or individual or promotes discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability; (iv) contain any materials that depict illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous; (v) contain other inappropriate content which includes, but not limited to, any display, depiction, or discussion of smoking, alcohol, illegal drugs, firearms, harming of animals, nudity, provocative/suggestive outfits or poses; or (vi) contain content not in keeping with Sponsor's reputation and image.

Participant agrees that his/her participation in the Promotion and agreement to these Rules, and that any Participant’s display and use of his/her submission will not violate any agreement to which Participant is a signatory or party. 

Participant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any  Promotion Parties of the Entry Comment in accordance with the rights granted the Promotion Parties in these Rules. 

Sponsor reserves the right in its sole discretion to disqualify from the Promotion and/or cease or refrain from displaying or publishing any entry or Entry Comment  that, in its sole discretion, refers, depicts, or in any way reflects negatively upon the Promotion Parties, the Promotion, or any other person or entity or does not comply with the requirements in the Entry Prompt or any other requirement of these Rules. 

5.      WINNER SELECTION.  Sponsor or its representative will review and judge all eligible Entries within one week of the close of the Entry Period based on the following criteria, each of which will be given equal weight: (a) responsiveness to the Entry Prompt; and (b) number of views.  The Eligible Entrant associated with the Entry Post that receives the highest number of views will be the “Potential Winner.”  In the event of a tie, the tie will be broken based on the tied Entry that scored the highest in the responsiveness to Entry Prompt category.

6.      PRIZE(S), APPROXIMATE RETAIL VALUE (“ARV”). A total of one (1) prize (“Prize”) is available to be awarded in this Promotion consisting of: three (3) night stay for Winner and one (1) guest at Sensira Resort & Spa Riveria Maya, and private airport transfer. [ENTER ANY OTHER RELEVANT TERMS, INCLUDING EXPIRATION DATE, OTHER INCLUSIONS].

The total ARV for all Prizes available to be awarded in this Promotion is $1,375 USD.

Winner’s guest must be at least the age of majority in his/her jurisdiction of residence, unless Winner is the parent/legal guardian of guest, and must sign and return a liability/publicity release prior to arrival.   

There are no refunds or credit given for unused portions of this Prize. All portions of the Prize must be claimed during stay. Winner is solely responsible for any and all travel/transportation expenses and Sponsor has no obligation to reimburse Winner for any such expenses. All taxes, fees, costs, taxes, meals, travel, and any other expenses not specified herein are the sole and exclusive responsibility of the Winner. 

If Prize is a gift card or certificate: Prize will be awarded in the form of a gift card or certificate (“Voucher”), which will be emailed or mailed to Winner within approximately 4-6 weeks of verification. Voucher may be subject to additional terms and conditions as stated on or in connection with the Voucher, or as otherwise imposed by the issuer of such Voucher.  Such terms may affect the use of the Voucher and may include an expiration date. Winner is exclusively responsible for complying with such terms and conditions, including following any redemption instructions. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion.

7.      WINNER NOTIFICATION, VERIFICATION AND PRIZE AWARD. Within approximately three (3) business days after the judging is completed, Sponsor or its designee will attempt to notify each Potential Winner that they may have won a prize by using the direct message or @Reply feature on Instagram (“Instagram Winner Notice”). The Potential Winner must respond to the Instagram Winner Notice, as directed within such notice within forty-eight (48) hours, including providing the Potential Winner’s email address, to which Sponsor will send further information regarding the process that must be completed for winner verification and prize acceptance (the “Email Prize Notification”). If each Potential Winner is not a follower of the Sponsor’s Instagram, then such potential winner will have to approve any direct messages sent to him or her by Sponsor and respond as directed in such message within the time frame described above.  Potential winner may discontinue following Sponsor after the completion of the eligibility verification and prize fulfillment procedures but doing so before those procedures are completed may result in such person being disqualified or ineligible to win a Prize. It is each Potential Winner’s responsibility to set his or her account settings to accept communications by Sponsor and to timely check his or her Instagram account for any such direct messages or @Replies. Sponsor reserves the right at its sole discretion to use a different feature of the Instagram platform for notification for any reason, including, without limitation, by posting a comment on the potentially winning Entry Post or elsewhere.  To claim their Prize, the Potential Winner must follow the directions in the Email Prize Notification. If the Prize has an ARV of $600 or more, or if otherwise requested by Sponsor in Sponsor’s sole discretion, the Potential Winner (or Potential’s parent/legal guardian if Potential Winner is an eligible minor) will be required to complete, sign, have notarized (if so directed), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law), and where applicable, tax documents (collectively, “Winner Documents”), any or all of which may require the potential winner to provide his or her a copy of a government-issued identification or number therefrom. If such Winner Documents are required by Sponsor, they must be completed, signed and returned, without revision, within seven (7) days of the Email Prize Notification send date, unless the Email Prize Notification states a different amount of time, in which case the time frame stated in the Email Prize Notification will govern. All Submission materials and Winner Documents are subject to verification by Sponsor. Failure to reply to the Instagram Winner Notice within forty-eight hours or to return the completed and signed Winner Documents (if required), without revision, to Sponsor within the required time period may result in disqualification and forfeiture of the Prize. Once a Potential Winner completes any verification steps required by Sponsor, if Sponsor determines that the Potential Winner is eligible and in compliance with the Rules, the Potential Winner will be verified as a “Winner” and will be awarded the Prize for which they were selected, as set forth herein. In the event that a Prize is not properly claimed or a Potential Winner is not verified, that Prize may not be awarded. If any Prize, Instagram Winner Notice, Email Prize Notification or other Promotion-related communication is returned as undeliverable, or if a Potential Winner cannot be reached or does not respond to an Instagram Winner Notice or does not complete/return Winner Documents as instructed after Sponsor has attempted to notify that Potential Winner, or if a Potential Winner is determined to be ineligible or otherwise not in compliance with these Rules, such Potential Winner may be disqualified and forfeit any claim to a Prize.  In such case, Sponsor (in its sole discretion) reserves the right, but not the obligation, to select an alternate Potential Winner from the remaining eligible Entries received based on the next highest score. If a Potential Winner is disqualified and forfeits a Prize, no compensation will be given, and Sponsor will have no responsibility or liability to that Participant. If Sponsor elects to select an alternate Potential Winner, Sponsor reserves the right to follow the same notification/verification process with an alternate Potential Winner, or to modify the notification procedures in connection with the selection of any Potential Winner or alternate Potential Winner.  Unless otherwise set forth herein or in the Prize Notification, prize will be emailed (if digital) or mailed to the Winner within 4-6 weeks of completion of the verification process.

8.      ADDITIONAL PRIZE DETAILS. All taxes on the Prize are the responsibility of the Winner. Winner is also responsible for any and all costs, fees, taxes, meals, travel, and any other expenses not listed as part of the Prize description and associated with accepting and using the Prize. Failure to use a Prize does not relieve the winner of his/her tax obligations associated with winning and accepting the Prize. No more than the advertised number of Prizes set forth in these Rules will be awarded. No substitutions or cash redemptions of Prize(s) are allowed, except that Sponsor may substitute a Prize of equal or greater value for an advertised Prize if the advertised Prize becomes unavailable.  Prizes are not transferable.  Any Prize details not specified in these Rules will be determined in Sponsor’s sole discretion. All Prizes properly and legitimately claimed will be awarded. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the winner because of incorrect or changed contact information from that which was provided in the Potential Winner’s Entry Form or Winner Documents. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited, and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of any Winner to accept or use any Prize (or portion thereof) for any reason.

 By participating in this Promotion, each Participant agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion- or (as applicable) prize-related activity. Each winner understands and agrees that Sponsor or prize providers have the right, in their sole discretion, to disqualify and remove the Winner or his/her guest (if any) from any activity at any time if the winner’s or his/her guest’s (if any) behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to the prize, if any. Each Winner agrees that his or her guest must comply with Sponsor’s and each procedure and policies and may be required to complete, sign, have notarized, and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor or participation will not be allowed. Once selected by Winner, guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. 

9.      ADDITIONAL ENTRY DETAILS. By entering this Promotion, each Participant agrees to abide by these Rules and Sponsor’s decisions, which Sponsor may make in its sole discretion, and which are final, binding and may not be appealed.  Entries that do not comply with these Rules, that are not received from an Eligible Entrant that are not original or that result from mechanical reproductions, macros, bots or other automated means, or that are not submitted and received during the Entry Period may all be disqualified. Entries originating at or using any website, other than Instagram platforms, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Entries may not be made jointly or by any group and may only be made by an eligible individual. Proof of submitting an entry does not constitute actual receipt of the entry by Sponsor for purposes of this Promotion. Attempts made by an individual to obtain entries in excess of any limit or otherwise in violation of these Rules by using multiple or false contact information or otherwise may be disqualified. All Submissions become the sole property of the Sponsor, will not be returned, and may not be acknowledged.

10.  GRANT OF RIGHTS/LICENSE TO USE WINNER IDENTIFICATION AND ENTRY.

a.      By submitting an Entry Post in this Promotion and/or accepting a Prize, each Participant agrees that Sponsor and those authorized by Sponsor may use his or her name, likeness, quotes, biographical and contact information as supplied in that Participant’s Submission or Winner Documents, as well as their Prize information (collectively “Winner Identification”) for advertising, marketing, publicity and any other lawful purposes; including, without limitation, publishing such Winner Identification (in whole or part) in a list of winners from the Promotion.

b.      By submitting an Entry Post in this Promotion and/or accepting a Prize, Participants agree that Sponsor and those authorized by Sponsor may use their Entry Post, in whole or in part, edited or unedited, for any lawful purpose including without limitation any marketing purposes throughout the world in any media now known or hereafter devised, without compensation or review by Participant or any third party (the “Entry Post License”). By entering this Promotion, each Participant acknowledges and agrees that use of his/her Entry Post per the terms of the Entry Post License may be with or without attribution to Participant. By entering this Promotion, each Participant waives and releases the Sponsor, and anyone authorized by Sponsor who uses the Entry Post pursuant to the Entry Post License, from any and all claims that Participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the use or exploitation of Participant’s Entry Post.

c.      By submitting an Entry Post in this Promotion, each Participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or those authorized by Sponsor, or any of the other Released Parties (as defined below), on the grounds that any use of Participant’s Entry Post or element thereof, or derivative works therefrom, infringes or violates any of Participant’s rights (including moral rights) therein.

d.      By posting an Entry Post, each Participant agrees that (i) his/her participation in the Promotion, (ii) his/her agreement to these Rules, (iii) the information provided in the Entry Post, and (iv) Sponsor’s use (or the use by those authorized by Sponsor) of the Winner Identification or the Entry Post pursuant to the Entry Post License, will not violate any third-party rights or agreement to which Participant is a signatory or party.

e.      Each Participant acknowledges and agrees that nothing in these Rules will require a Promotion Party to use the entry in part or in whole or to include the entry in any Sponsor-related property.  Each Participant hereby acknowledges and agrees that the relationship between the Participant and each of the Promotion Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her entry for purposes of the Promotion does not place any of the Promotion Parties in a position that is any different from the position held by members of the general public with regard to elements of the entry (including all Submissions), other than as set forth in these Rules.  Each Participant understands and acknowledges that Sponsor has wide access to ideas, essays, images, and other creative materials. Each Participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her entry and/or each other in idea, components, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each Participant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Participant’s copyright in and to his/her entry or its constituent elements. Each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of a Promotion Parties’ actual or alleged exploitation or use of any Entry Comment or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or product, and Participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law. 

11.  DISPUTES, CHOICE OF LAW, VENUE, CLASS ACION WAIVER, LIABILITY RELEASE, INDEMNIFICATION AND WAIVERS.

a.      Definition of Released Parties.  Promotion Parties, Hyatt Corporation, Instagram, and each of their respective officers, directors, members, managers, employees, representatives and agents shall be referred to collectively herein as the “Released Parties.”  Where Sponsor has granted permission to a third party to use an entry or Winner’s Identification, as authorized herein, Released Parties also include such authorized third party and that third party’s officers, directors, members, managers, employees, representatives and agents.

b.      Class Action Waiver. Except where prohibited by law, as a condition of participating in this Promotion, each Participant agrees that any and all disputes and causes of action arising out of or connection with this Promotion, or any Prize awarded, or with respect to a Released Party’s use of Winner’s Identification or Submission (collecting “Disputes Relating to this Promotion”), shall be resolved individually, without resort to any form of class action and in the forum, venue and subject to the choice of law set forth herein.

c.      Agreement on Choice of Law, Venue and Personal Jurisdiction. This Promotion and Disputes Relating to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the state in which Sponsor is located, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising from Disputes Relating to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in the state in which Sponsor is located, and each Participant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Promotion.

d.      Participant’s Release of Claims and Indemnification Responsibility. To the maximum extent permitted by applicable law, by entering this Promotion, each Participant agrees to release, hold harmless and indemnify the Released Parties from and against any loss, claim, damage, expense, or any other liability whatsoever, including without limitation for injuries to property or person (which may include death or disability), arising out of or relating to (i) such Participant’s participation in this Promotion, (ii) such Participant’s acceptance, possession, use or mis-use of any Prize, Prize-related activity, or travel related to any of the foregoing; (iii) such Participant’s sharing of the Prize with any third party; (iv) Sponsor’s use, or the use by those authorized by Sponsor, of any of the rights granted by Participant pursuant to these Rules.

This sub-section 11.d. will not limit or exclude any liability of the Released Parties that cannot be waived under applicable law, including for damage caused by such party’s gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

e.      Waiver of Certain Types of Damages and Fees. Without limiting the foregoing, in any Disputes Relating to this Promotion, each Participant agrees that under no circumstances will Participant be permitted or entitled 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-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD).  Each Participant further waives all rights to have Participant’s damages multiplied or increased in any Disputes Relating to this Promotion.

Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the prior sentence may not apply to all Participants.

f.        No Warranties on Prize(s). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

g.      California Residents. BY PARTICIPATING IN THE PROMOTION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE AGAINST THE RELEASED PARTIES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

12.  ADDITIONAL DISCLAIMERS: As applicable and to the maximum extent permitted by applicable law, Released Parties are not responsible and/or liable for any of the following: (a) Entry Posts that are submitted by illegitimate means (such as, without limitation, by an automated computer program); (b) Entries in excess of the stated limit; (c) any lost, late, incomplete, damaged, illegible or misdirected Submissions; (d) any errors, omissions, interruptions, defects or delays in transmissions of Submissions or other communications; (e) viruses or technical or mechanical malfunctions; (f) human or technical errors of any kind relating to the administration or execution of the Promotion, or the selection or notification of winners; (g) interrupted or unavailable cable or satellite systems; (h) errors, typos, or misprints in these Rules, in any Promotion-related advertisements or other materials; (i) failures of electronic equipment, computer hardware or software; and/or (j) lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. Without limiting any other provision in these Rules, Released Parties are not responsible or liable to any Participant or Winner or any person claiming through such Participant or Winner for failure to supply the Prize or any part thereof in the event that any of the Promotion activities or Released Parties’ operations or activities are affected by a force majeure event, as determined by Sponsor in its sole discretion.  For purposes of these Rules, a force majeure event shall include, without limitation, acts of God including without limitation earthquake, fire, flood, unusually severe weather, hurricane; any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid); equipment failure; epidemic; threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, war or military conflict(declared or undeclared); explosion; embargo, labor dispute or strike (whether legal or illegal) labor or material shortage; transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot; or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.

13.  MISCELLANEOUS RULES. Sponsor reserves the right in its sole discretion to disqualify any Participant that does not comply with these Rules or Sponsor’s decisions.  By participating in this Promotion and engaging in any Prize-related activity, each Participant agrees to maintain his/her behavior in accordance with all applicable laws, general sportsmanlike conduct, generally accepted social practices, and the image with which Sponsor desires to maintain.  A Participant’s failure to maintain such behavior, as determined solely by Sponsor, may result in disqualification in Sponsor’s sole discretion and forfeiture of Prize. Each Participant hereby acknowledges and agrees that the relationship between the Participant and each of the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her entry for purposes of the Promotion does not place any of the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entry, other than as set forth in these Rules. Each Participant further agrees to not damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. Sponsor reserves the right to restrict or void online entries or participation from or related to any IP address if any suspicious activity and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Participants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’s failure to or decision not to enforce any provision in these Rules will not constitute a waiver of that or any other provision. Participants waive any right to claim ambiguity in the Promotion or these Rules. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsor’s sole discretion. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion and award the Prize(s) from eligible Entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any Participant supplies false information, obtains Entries by fraudulent means, or is otherwise determined to be in violation of these Rules in an attempt to obtain any Prize, Sponsor may disqualify that Participant, seek damages from that Participant, and that Participant may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a Participant, the Participant will be declared to be the registered account holder of the e-mail address associated with the Instagram account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified, and any potential Prize won will be forfeited, in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the Entry may be deemed ineligible in Sponsor’s sole discretion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

14.  PRIVACY. As a condition of entering the Promotion, each Participant gives consent for Sponsor o use any information collected from Participant in connection with their Submission and participation in the Promotion in accordance with Sponsor’s privacy policy, which can be found at https://www.amstardmc.com/en/privacy-policy  (“Sponsor’s Privacy Policy”). By submitting an Entry Post to this Promotion, Participant acknowledges that he/she has read and expressly agrees to be bound by Sponsor’s Privacy Policy.

WINNER’S LIST.  For a list of winners of Prizes in this Promotion valued over $25, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Entry Period:  A DAY IN CANCUN AS A TRAVEL ADVISOR CONTEST Winner’s List; Attn: AMSTAR OPERACIONES DMC MX, S. DE R.L. DE C.V.; AV. TULUM SM 9 MANZANA 1, LOTE 2, PISO 9, CANCUN, QUINTANA ROO, MÉXICO, 77504 Limit one (1) request per outer envelope will be fulfilled.

15.  SPONSOR:

AMSTAR OPERACIONES DMC MX, S. DE R.L. DE C.V.

AV. TULUM SM 9 MANZANA 1, LOTE 2, PISO 9

CANCUN, QUINTANA ROO, MÉXICO, 77504.