My Beach Fantasy

MY BEACH FANTASY CONTEST RULES

THIS CONTEST IS VOID WHERE PROHIBITED BY LAW AN ENTRY FEE IS NECESSARY TO ENTER THIS CONTEST.

The Beach Fantasy Essay Contest (the “Contest”) is Sponsored by G.C. Jones Acquisitions, Inc. (the “Sponsor”). By entering the Contest, you agree to comply with and be bound by the following official contest rules (the “Rules”). Please review the Rules carefully. If you do not accept the Rules in their entirety, you may not enter the Contest.

ELIGIBILITY:

The Contest is open to legal residents of the United States and the District of Columbia, living in the United States and the District of Columbia, who are at least twenty-one (21) years of age. The Contest is void in Puerto Rico, the U.S. Virgin Islands, American Samoa, Arizona, Colorado, Maryland, Nebraska, New Jersey, North Dakota, Tennessee and Vermont and in any other jurisdiction where the Contest is prohibited by law, rule or regulation. The following are not eligible to enter the Contest: (a) Employees, members, officers and directors of Sponsor, and their legal representatives; (b) affiliates, parents and subsidiaries of Sponsor; (c) advertising, promotional, and marketing agencies; (d) Judges; and (e) immediate families (and those living in the same households) of those listed in (a)-(d). Contestants wishing to obtain a copy of these Rules may request a printed copy by writing to: G.C. Jones Acquisitions, Inc., Post Office Box 6756, Miramar Beach, Florida 32550; or download the Rules by clicking here.

The Sponsor has endeavored to comply with all legal requirements in developing this Contest and does not desire to accept entries from residents of jurisdictions where the Contest does not comply with the laws of the jurisdiction. If any governmental entity determines that an entrant violated applicable laws or regulations, the Sponsor shall have the sole discretion to disqualify that entrant in the contest. The Sponsor makes no representation regarding accessing the materials on this website from jurisdictions where its contents or the Contest are illegal or prohibited. Those users who choose to access this website from other locations do so at their own risk and are responsible for compliance with local laws and regulations.

HOW TO ENTER:

Contestants wishing to enter the Contest must write an essay of no more than 200 words on the subject “My Beach Fantasy”, and pay a fee of $1,000.00 (the “Entry Fee”). There are two methods of submitting the entry (the “Submission”). Contestants wishing to enter the Contest must:

1. visit www.mybeachfantasy.com during the Contest Period, as defined below, and follow the instructions to complete and submit the essay manuscript, together with the Entry Fee via Pay Pal; or

2. mail the essay manuscript to G.C. Jones Acquisitions, Inc., Post Office Box 6756, Miramar Beach, Florida 32550. A separate 3x5 card must include your full name, full date of birth, address, and contact phone numbers. Please print this information. Essays must be typed and double-spaced, and Submissions must include a self-addressed, stamped envelope which will be used to notify the contestant that the Submission has been received. The Submission must include a certified check for $1,000.00 USD payable to, G. C. Jones Acquisitions, Inc., My Beach Fantasy Contest Account. Do NOT send cash.

Essays may not include information that identifies the contestant by name or address. Contestants represent and warrant that their Submission is the (i) original, previously unpublished work of such contestant, (ii) it has not been copied from others, (iii) and further represent and warrant that they will not write, blog about, publish or cause to be published any article or book about their participation therein, (iv) acknowledge and agree that the Sponsor will own and administer 100% of the copyright in all Submissions submitted, with the perpetual right to use such Submissions without permission or compensation (and that contestants will sign any paperwork transferring such copyright to the Sponsor if determined to be necessary), and (v) represent and warrant that their Submissions do not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights of privacy or publicity. Sponsors will own the Submissions submitted (including the Essays and all rights embodied therein), and they and their designees may exploit, edit, modify, and distribute the Submissions and all elements of such Submissions, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media, now or hereafter known throughout the world in perpetuity without limitation at no additional notification or permission of contestants or any third party.

In order to complete the registration form online or by mail, each contestant must provide his or her correct and verifiable full name, full mailing address, telephone number, e-mail address (if entering online) and date of birth (collectively, “Registration Data”). All contestant information, including e-mail addresses, is subject to the respective Privacy Policy of the Sponsor. See “Privacy Statement” herein for detailed information concerning the Sponsor’s Privacy Policy. Contestants must update their Registration Data, as necessary, to remain eligible to win. Confirmation of Submission will be e-mailed to the e-mail address provided by the contestant during registration, or if the Submission is received by mail confirmation will be mailed in the self-address stamped envelope provided by the contestant. Contestants entering online must click on the link contained in the confirmation e-mail for purposes of confirming that their Submission and email address is valid. Failure to confirm Submission and email address shall invalidate the Submission. Duplicate Submissions will not be accepted. If Submissions with identical manuscripts (“Duplicate Submissions”) are submitted by a contestant, only the first (1st) Duplicate Submission received will be accepted. Any and all additional Duplicate Submissions that are submitted by the same individual beyond this limitation will be discarded. Contestants may enter more than one (1) time only by submitting an additional unique essay manuscript, and additional Entry Fee, and following all other Contest Rules. The Sponsor reserves the right to reject any Submissions that it believes, in its sole and reasonable discretion, are fraudulent, incomplete or otherwise invalid.

IDENTIFICATION OF CONTESTANTS:

Each Submission will be automatically assigned a five (5) digit Encrypted Entry Number between 00001 and 10000 (“EEN”) and stored in the Contest Database. For purposes of these Rules, the “Contest Database” is defined as the entire list of EEN numbers.

WINNER SELECTION AND NOTIFICATION:

All Submissions will be judged and one potential Grand Prize Winner, one potential Second Prize Winner, and one potential Third Prize Winner will be chosen, and matched with the EENs, on or about October 6, 2010 (the "Judging Date") by a panel of independent judges comprised of respected educators and community leaders. The judges will evaluate Submissions based on the following criteria:

-        Originality, creativity, sincerity – 60%
-        Flow and persuasiveness – 30%
-        Grammar – 10%

Any potential Prize Winner will be notified by mail, email and/or telephone (contestants should ensure that their contact information is accurate and up to date). If a potential Prize Winner cannot be contacted, does not respond within seven (7) days from the date the Sponsor first tries to notify him/her, and/or the prize notification is returned as undeliverable, such potential Prize Winner forfeits all rights to win the Contest or receive the prize, and an alternate potential Prize Winner will be selected. Selection of an alternate will be based upon the rank of the essays as determined by the Judges, with the alternate being the next highest essay after the disqualified potential Prize Winner. No individual may win more than one Contest Prize, and the Second Prize Winner will not be notified until after the Grand Prize Winner has been determined, and the Third Prize Winner will not be notified until after the Second Prize Winner has been determined. Upon contacting a potential Prize Winner and determining that he/she has met all eligibility requirements of the Contest, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the "Prize Winner".

The potential Prize Winner will be required to execute and return a notarized Affidavit of Eligibility (which will include the social security number of the potential Grand Prize Winner) and Liability/Publicity Release within thirty (30) days following attempted notification. Non-compliance within this time period may result in forfeiture of the Grand Prize. The Grand Prize Winner will be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification. Return of any prize notification as undeliverable may result in forfeiture. In no case shall the Sponsor be liable in any manner where a Prize Winner has not received notification sent from, or on behalf of, the Sponsor or where the Sponsor fails to receive a response from the Prize Winner within the required response period. The winning EENs, essays and associated Submissions must identically match the records maintained by the Sponsor in order for a Prize to be awarded. In the event of a dispute, the information maintained by the Sponsor will govern. Submissions will be deemed made by the person under whose name the submission was registered, regardless of who actually submitted the Submission. Be sure to use your correct name and your own e-mail address.

PRIZE DESCRIPTION:

There will be one Grand Prize awarded to the contestant selected as the Grand Prize Winner by the Judges and in accordance with the Rules. The Grand Prize consists of:

The “House”: The real property described as: Lot 6B, Ponce DeLeon Estates, a subdivision according to the plat thereof recorded in Plat Book 14, Page 41 of the Public Records of Walton County, Florida. The House is approximately 3,277 square feet, with 4 bedrooms, 4 ½ baths and a 2-car garage. Included in the transfer are all landscaping, ceiling fans, major appliances, and window treatments. All other contents, including without limitation, furniture, will not be conveyed to the winner, and will be removed from the property prior to transfer of title to the winner. Sponsor has an irrevocable contract to purchase this real property upon conclusion of this Contest; and

The “Car”: A 2005, grey Maseratti Quattroporte bearing VIN ZAMCE39A650016346. Sponsor has an irrevocable contract to purchase this vehicle upon the conclusion of this Contest; and

The “Business”: The gift and accessory business currently located within Seaside, Florida, doing business as Molly Caroline’s, and owned by Sponsor (the “Business”). Only the assets of the Business convey. No shares in the Sponsor corporation convey. The assets include the inventory, fixtures, equipment, furniture, supplies and merchandise. No real property conveys as part of the Business. The Business currently occupies space pursuant to a lease (the “Lease”). The Lease term expires February 28, 2017. The Business will convey with the Base Rent in the Lease and all regular Common Area Maintenance fees paid through the end of the Lease term. Percentage Rent and all other fees paid in accordance with the Lease are the responsibility of the Grand Prize Winner on an ongoing basis as a part of the operating expense of the Business. Assignment of the Lease is subject to approval of the Landlord. The Grand Prize Winner is responsible for complying with the terms of the Lease, and the Sponsor will be released from any responsibility for performance under the Lease. The Grand Prize Winner is responsible for providing information required for approval to the Landlord. The Sponsor does not guarantee such approval. In the event the Landlord does not approve the assignment of the Lease and release of the Sponsor’s obligation under the Lease, fixtures and electronics that cannot be removed from the leased premises under the terms of the Lease will not convey; and the Sponsor will substitute a cash payment of $750,000.00, together will all other assets of the Business. The Grand Prize Winner will be provided a copy of the Lease, and will have 15-days from the date it is received by them to review it. If the Grand Prize Winner does not accept the terms of the Lease, the Grand Prize Winner shall forfeit the Business and will receive no substitution prize for the Business, but will receive the House and the Car if all other Contest Rules are met.

There will be one (1) Second Prize consisting of $100,000.00 U.S.D.

There will be one (1) Third Prize consisting of $50,000.00 U.S.D.

Disbursement

a. All entry fees from the Contest shall be deposited in an account (the Account) at an institution insured by an agent of the United States. The Account shall be established for the sole purpose of holding the funds from contestants (the Funds). The Sponsor may open one account to hold all the Funds. Except for any initial minimum amounts necessary to open the Account and any account maintenance fees, no funds other than the Funds shall be deposited therein. The Sponsor shall receive the benefit of any interest paid as part of its consideration for acting as Sponsor.

b. In the event the Sponsor gives a valid notice of cancellation of the Contest pursuant to the Contest Rules, or is otherwise entitled to cancel the Contest, the Funds received from or on behalf of the contestants shall be returned to the contestants. Such refund shall be made within 60 days after any cancellation of the Contest as described in this paragraph.

c. At such time as 3000 fully paid Contest submissions have been received, the Sponsor shall obtain estoppel information from any lender having an interest in any Contest Prize, and shall pay such lenders so that the all Prizes will be free and clear of the encumbrance of a loan; and shall also pay any fees incurred in connection with the operation of the Contest. In the event the Account does not have sufficient funds to make such payments upon receipt of 3000 fully paid Contest submissions, the Sponsor shall use funds deposited in the Account as they become available for such purpose.

d. The Funds shall be held in accordance with the Contest Rules, and shall be disbursed in accordance with them. Monies shall not be distributed prior to the end of the Contest except as provided in paragraph 4 above. If notice of a dispute is received by the Sponsor prior to disbursement, the Funds in dispute will be held until the dispute is settled or will be deposited in the registry of a court of competent jurisdiction, if the Sponsor so elects.

e. The Sponsor shall maintain books and records in accordance with good accounting practices.

f. The Sponsor shall maintain the accounts called for herein in such a manner as to be under the direct supervision and control of the Sponsor. The Sponsor shall have a fiduciary duty to each contestant to maintain the Account in accordance with good accounting practices and to release the Funds or other property only in accordance with the Contest Rules.

TRANSFER OF TITLE:

In lieu of first taking title to the House and Car and then re-conveying the House and Car to the Winner, the Sponsor reserves the right to assign the Purchase Agreements for the House and Car to the Winner at or prior to closing and to direct the Sellers to convey the House and Car directly to the Winner. In such a case, the Winner shall be subject to all conditions relating to and shall be responsible to perform all obligations of the Purchaser under the Purchase Agreement, with the sole exception of the payment of the purchase price and purchaser’s real estate closing costs, if any, and automobile title transfer cost (which costs expressly exclude any Federal income tax withholding). In connection with the transfer of title to the House, the Sponsor will pay the deed documentary stamps, recording of the deed, and for any item required to transfer marketable title. At its cost, the winning Contestant may, but is not required to, purchase title insurance and obtain a current survey of the property upon which the House is situated.

LIMITED TIME ONLY:

Sponsor will stop accepting Submissions at 11:59:59 p.m. Central Standard Time (“CST”) on September 6, 2010, or at such time as Sponsor has received at least 10,000 Submissions whichever occurs first. Online Submissions must be received by 11:59:59 p.m. CST on September 6, 2010. Mail in Submissions must be postmarked by Friday, September 3, 2010, and received by Monday, September 13, 2010. Sponsor will not accept more than 10,000 Submissions.

PRIVACY STATEMENT:

To read Sponsor’s Privacy Policy, Click Here. To the extent that Sponsor’s Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Contest, these Rules shall take precedence.

WINNER LIST:

WINNER LIST. For the name of the winner, send a self-addressed stamped envelope, by March 7, 2011 to: Winner Notification, "My Beach Fantasy Essay Contest, G.C. Jones Acquisitions, Inc., Post Office Box 6756, Miramar Beach, Florida 32550; or check this website.

TAX INFORMATION:

Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the winner. Sponsor reserves the right to withhold taxes from the winning prize, as appropriate or required.

NO PRIZE TRANSFER OR SUBSTITUTION BY WINNER:

Except as otherwise provided, no prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except as expressly set forth herein, or in the sole discretion of Sponsor, in which case a prize of equal or greater value will be substituted.

For purposes of this Contest, the value of the Car is set at $40,000.00.

For purposes of this Contest, the value of the House is set at $510,587.00.

For purposes of this Contest, the value of the Business is set at $750,000.00.

The above values do not necessarily reflect the Fair Market Value of the Car, House and Business.

PRIZE SUBSTITUTION BY THE SPONSOR:

In the event the 3,000 Submissions are not received by the Deadline, there will not be a Grand Prize, Second Prize and Third Prize. There will be one (1) Substitution Prize of $25,000.00.

PUBLICATION:

Contest Submission constitutes permission for Sponsor to use contestants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of any jurisdiction where prohibited by law.

OWNERSHIP AND LICENSE:

All Submission materials become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the contestant, but Submission into this Contest constitutes contestant's irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Sponsor and/or others authorized by Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission.

ESSAY JUDGES:

The Essay Judges will not be involved in marketing the Contest. The Essay Judges will not be the Sponsor of the Contest, nor any of its legal representatives; affiliates, parents and subsidiaries; advertising, promotional, fulfillment and marketing agencies; immediate families (and those living in the same households). The Essay Judges will not respond to any inquiries. The Essay Judges will be solely responsible for the selection of the winning essay.

RELEASE:

By entering the Contest, each contestant agrees to release and hold harmless Sponsor, each of the Essay Judges, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Contest including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each contestant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Contest, these Rules will govern.

CHOICE OF LAW/DISPUTE RESOLUTION:

Any disputes arising out of or related to the Contest shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the Contest and/or terms and conditions of these Rules, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Walton County, Florida, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Sponsor, the Essay Judges, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Sponsor incurs in seeking such relief. These Rules do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

DISQUALIFICATION:

The Sponsor; the Essay Judges; each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online Submissions, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, including without limitation contacting any Essay Judge, as solely determined by the Sponsor or the Essay Judges, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate contestant’s eligibility to participate in the Contest. In the event that any portion of the Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Contest, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Contest or any part of the Contest, or any combination of the above. Sponsor, the Essay Judges, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Submissions generated by computer hardware or software malfunction, error or failure, whatever the cause. Sponsor’s sole responsibility for any irregular Submission is the refund of the entry fee collected in connection with the irregular Submission. If a potential winning Submission is made by Internet or other computer Submission, that potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the electronic mail address associated with the potential winning Submission.

INDEMNIFICATION:

You agree to release, indemnify and hold Sponsor, the Essay Judges, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Contest and/or the Websites; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Sponsor, the Essay Judges, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

DISCLAIMERS. (i) Submissions that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, will not be eligible. In the event of a dispute, Submissions will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of Submission. "Authorized 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 (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the Submission process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Contest based upon such error at its sole discretion without liability. (v) SPONSOR ENTITY MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Photographs of the Business on this website and on any promotional material do not necessarily represent the current or future inventory of the Business.

FEDERAL INCOME TAXES MUST BE PAID ON VALUE OF PRIZE:

The value of any prize will be taxable income to the Prize Winner. Accordingly, to claim a Prize the Prize Winner must deliver to the Escrow Agent. at closing in the form of cash, wire transfer funds, or acceptable bank or certified check, the total amount of the Federal income tax withholding required by law.

ENTRY FEE NOT DONATION:

The amount of the entry fee, $1,000.00, is not considered a charitable donation.

LEGAL WARNING:

Any attempt by any individual, whether or not a contestant, to damage, destroy, tamper with or vandalize the Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

BOOKMARK

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