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The Omni Hotels Summer Passport Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
I. SWEEPSTAKES PERIOD: The “Omni Hotels Summer Passport Sweepstakes” (“Sweepstakes” or “Promotion”) starts at 12:00:01 a.m. Eastern Time (“ET”) on Tuesday, May 21, 2013 and ends at 11:59:59 p.m. ET Sunday, August 25, 2013 (“Sweepstakes Entry Period”). The Sweepstakes is sponsored by Omni Hotels, Irving, TX. (the “Sponsor”).
II. ELIGIBILITY: The Promotion is open to legal residents of the U.S. and D.C. (excluding AK and HI) who are eighteen (18) years of age or older (19 in AL or NE and 21 in MS). Void in Puerto Rico and where prohibited, taxed, or otherwise restricted by U.S. law. Officers, directors and employees of Omni Hotels International, their parent companies, divisions, subsidiaries and affiliates, Compliance Sweepstakes Services LLC, and their respective agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to these Promotions (collectively, “Released Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Promotion is subject to all applicable federal, state, local laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein. By participating you agree to be bound by the complete Official Rules and the decision of the Sponsor.
III. THREE WAYS TO ENTER: No purchase is required. An individual will be deemed a Participant (“Participant” or “You”) in the Sweepstakes if eligible and enters the Sweepstakes using at least one (1) of the three (3) methods of entry described below:
1) Summer Passport Booking Method of Entry: A Participant is invited to go to (https://www.omnihotels.com/SpecialsAndPackages/SpecialOffers/SummerPassport.aspx) to book an Omni Hotel Summer Passport package (“Summer Passport Booking”) during the Sweepstakes Entry Period. Upon verification Participant automatically receives one (1) entry into the Sweepstakes drawing.
2) Omni Blog Method of Entry: A Participant is invited to visit the Omni Blog at (http://omnihotels.com/blog/passport/) and to enroll in Omni’s Select Guest Loyalty Program (“Select Guest”). Upon acceptance of your Select Guest enrollment, follow the prompts to register your name, address, phone number, email address, your new Select Guest member number and date of birth to receive one (1) entry into the Sweepstakes drawing. For additional entries, follow the prompts to outreach through your social network venues.
3.) Instagram and Twitter Methods of Entry: To enter or to receive additional entries in this Sweepstakes via Instagram or Twitter, you must have a valid, public Instagram or Twitter account. Via the Instagram or Twitter application on your mobile device you are invited to post a photograph (“Photo Submission”) of your favorite Omni Hotel or Omni Hotel vacation experience using the Hashtag #OmniHotels (“Hashtag”), then upload your Photo Submission to http://instagram.com/omnihotels. Only publicly viewable Instagram and Twitter images containing the Hashtag and conforming to the requirements of these Official Rules will be considered valid Submissions.
The Photo Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that: is sexually explicit or suggestive; is obscene or offensive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission (except the Omni Hotel logo and Omni Hotel locations); contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission (except the Omni Hotel logo and Omni Hotel locations); contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; communicates messages or images inconsistent with the positive images and/or good will to which the Sponsor desires to associate; and/or violates any law.
LIMIT: Each Participant may submit one (1) Photo Submission per day during the Entry Period. If the Submission contains any material or elements that are not owned by the Participant, and/or which are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the photo, any and all releases and consents necessary to permit the use and exhibition of the Photo Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Photo Submission – PERSONS UNDER THE AGE OF 13 MAY NOT APPEAR IN A PHOTO WITHOUT WRITTEN CONSENT OF THEIR PARENT OR LEGAL GUARDIAN. Sponsor reserves the right to request a proof of these permissions in a form acceptable to Sponsor from any Participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By submitting a Photo Submission, Participant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Promotion and to its use as otherwise set forth herein. By clicking on the Submit button, you certify that you have read and agree with these Official Rules. IMPORTANT: Be sure to save a copy of your Submission in the original format after uploading to the Website. If you are selected as a potential winner, you agree that you will provide Sponsor with your Submission in its original format in order for the Submission to be used in future advertising, PR or Promotions. The Sponsor assumes no responsibility for lost, late, misdirected or damaged entries, including submissions that may be delayed in transmission. No incomplete, illegible or otherwise invalid submissions will be accepted.
4) Mail-in Method of Entry: To enter by mail simply hand print in ink the name of the Sweepstakes, your name, address, city, state, zip code, date of birth, telephone number with area code, and email address (and parental signature if a minor under the law of his/her jurisdiction of residence) on a 3-1/2 ” x 5 ” postcard size and mail it in a first class stamped envelope to: Omni Hotels Summer Passport Sweepstakes, Box 327, c/o 90 Rockwood Pl, Rochester, NY 14610. Envelope must be postmarked by August 26, 2013 and received by August 29, 2013. Number of entries will be determined by the largest number of Blog entries.
Typed, computer generated, or otherwise mechanically reproduced entries are NOT allowed and will not be accepted. By entering, you acknowledge compliance with, these Official Rules including all eligibility requirements. Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules or the Web Site’s Terms and Conditions at http:// www.omnihotels.com/privacypolicy.aspx, as applicable, and its decisions in this regard are final. Proof that you entered the Sweepstakes online does not constitute evidence that we actually received it by the appropriate deadline. Participants waive all rights and remedies at law or in equity for any claim they may have relating to this Sweepstakes as a condition to receive any prize for which entrant may be eligible to win. Incomplete entries are void. All entries and information become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The “authorized account” holder is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder.
V. WINNERS DRAWING, NOTIFICATION AND ODDS: One (1) potential Grand Prize Winner (“Winner”) will be chosen by a random drawing on or about September 1, 2013, from all eligible entries received during the Sweepstakes entry period, by an independent Sweepstakes Administrator, whose decisions are final and binding on all matters relating to the drawings. The potential Winner will be notified by phone or email. If a potential Winner cannot be contacted, the prize will be forfeited and an alternate Winner will be selected. Reasons for any prize forfeited and an alternate Winner selected at random from the remaining eligible entries are as follows: (i) if a potential Winner cannot be reached within three (3) days from initial notification attempt; (ii) if prize is returned as non-deliverable; (iii) and in the event of non-compliance with any of the requirements of these Official Rules. Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period. Parents or legal guardians of a Winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Prize Acceptance Release in order for the Winner to be qualified to receive their prize. Winners may be featured on the Sponsor’s Web Site, and Sponsor’s social media pages and Facebook.
VI. PRIZE: One (1) Grand Prize Winner will receive a 4-day / 3-night vacation for two (2) to any one of the participating hotels located in Rome, London, Los Angeles, Sao Paulo or the Amelia Island Resort in Florida (Approximate Retail Value “ARV” of hotel stay is $2,400.00). Vacation includes two (2) round trip airfare tickets (ARV $2,500.00). Total Grand Prize is up to a maximum of $5,000.00. Winner will be responsible for all other costs associated with their vacation and amenities. Vacation prize must occur after September 1, 2013 and before September 1, 2014.
VII. TRIP PRIZE CONDTIONS: The Grand Prize Winner will chose one of the five (5) Hotel destinations for two (2) people, and two (2) economy class airline tickets from a major commercial airport nearest to the winner’s residence as determined by the Sponsor in its sole discretion. All travel arrangements must be made through the Sponsor’s Travel Agent. A Winner, who lives within a 200-mile radius of a U.S. designation, will not receive the full $2,500 air travel reimbursement portion of the prize, but a $600 travel allowance. While prize suppliers will make every effort to confirm reservations as requested, operational and/or market conditions may prevent them from doing so on the requested dates. Travel, tickets and accommodations are subject to capacity controls, availability, blackout dates and other restrictions, all of which are subject to change at Sponsor’s sole discretion. The winner may be required to provide a credit card at the time of hotel check-in. The Winner will be responsible for all tips, gratuities, service charges, taxes, meals, ground transportation, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, local and long-distance telephone calls, site-seeing excursions and any other incidental costs or expenses not identified in these Official Rules. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. It is the sole responsibility of the Winner and guest to obtain and travel with the required documents to satisfy the entry requirements of Italy, United Kingdom and United States and any other countries’ requirements as necessary. Winner and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Winner and travel companion must execute liability/publicity release and travel companion waivers prior to issuance of travel documents. Travel companion of Winner must be at least eighteen (18) years of age as of the date of departure. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. If travel companion is a minor, the parent or legal guardian must sign and return release and accompany minor on trip. The Vacation Package awarded consisting of products/services for two people require that the Winner and their companion redeem the prize together. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. All local, state and federal taxes are the sole responsibility of winner. The Prize package is not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the a Winner with the prize won, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the Vacation Prize is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Unclaimed prizes will be forfeited. All properly claimed prizes will be awarded. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. All decisions by Sponsor as to Winners and prizes are final. The trip must be completed by September 1, 2014 or prize will be forfeited. Additional prize award details and travel information to be provided to the winner at the time of notification. The total value of the airfare and hotel accommodations cannot exceed $5,000.00 (USD).
If at a time before travel has commenced, the Winner becomes disabled or cannot otherwise fully enjoy the prize travel package due to illness, Sponsor shall have the option of: (a) being relieved of liability for fulfillment of the prize award; or (b) at Sponsor’s sole and absolute discretion, extend the period during which the prize may be awarded for a period equal to the duration of the prize Winner’s disability or illness, in which case certain prize components may not be available. The Winner must prove such disability by a doctor’s certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and Winner at Sponsor’s expense.
VIII. GENERAL PRIZE TERMS AND CONDITIONS: All winners are required to comply with any and all applicable federal, state, province and local laws, rules and regulations. The stated “ARV” of the prizes is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. Winner of any prize over $600 in value will be required to complete and return an Affidavit of Eligibility/Liability and Publicity Release within ten (10) days of notification. Winner may also be required to send a copy of their passport, driver’s license or birth certificate as proof of age. Winner will be required to provide Sponsor with a valid social security number before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Winner, or if a minor in the jurisdiction in which he/she resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. If any potential Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential prize Winner may be disqualified and an alternate may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize Winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected.
Each Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
IX OPT-IN: By participating, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes. You are authorizing the Sponsor to send you emails as entered on the registration form, about its products, services and other news. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in the initial e-mail. You will remain eligible for this Promotion whether or not you opt out of receiving promotional e-mails from Sponsor.
X. RELEASES: All Participants, as a condition of participation in these Promotions, agree to indemnify, release and hold harmless Released Entities from and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) participating in any aspect of the Promotions; or (b) the receipt, ownership, possession, use or misuse of any prize awarded. Winner’s compliance with these Official Rules, or Winner’s participation in prize related activities, constitutes Winner’s agreement that the Released Entities may use Winner’s first name and initial of last name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.
XI. ENTRY ERRORS/TAMPERING: Sponsor is not responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prize/prize winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Sweepstakes and reserves the right, but shall not be obligated, to randomly select the winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Any entrant determined to be involved in such prohibited activity will not be eligible to receive a prize in this Sweepstakes.
XII. GOVERNING LAW/DISPUTE RESOLUTION: Except where prohibited by law, the Sweepstakes is governed by, and will be construed in accordance with, the laws of the state of Texas, without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules. Participants agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with the Sweepstakes shall be resolved, upon the election by either the entrant or Sponsor, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the entities or witnesses unless otherwise mutually agreed by the entities, pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The arbitration shall be conducted in the State of Texas, in the City of Irving, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Texas, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Unless both the Participant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and the Participant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and the Participant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all Released Entities. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
If arbitration is not used to resolve a Claim, the entrant AGREES THAT THERE WILL NOT BE A JURY TRIAL. ENTRANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
XIII. WINNERS LIST / OFFICIAL RULES: To obtain a copy of the winners’ list or these Official Rules, send a self-addressed, stamped envelope by 9/30/13 and received by 10/3/13 specifying Winners List or Official Rules request to: Compliance / “Omni Hotels Summer Passport Sweepstakes” Winners List, PO Box 468, Stonington, CT 06378.
XIV. SPONSOR: Omni Hotels, Inc., 420 Decker Drive, Irving TX 75062
XV. ADMINISTRATOR: Compliance Sweepstakes Services LLC, 106 Elm Street, Stonington, CT 06378.
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