OMNI SELECT GUEST® GIVEAWAY
Official Rules
OMNI SELECT GUEST GIVEAWAY NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 U.S. & D.C. AND CANADA (EXCLUDING QUEBEC) WHO ARE 21 YEARS OF AGE AND OLDER AS OF DATE OF ENTRY. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. PROMOTION PERIOD: The Omni Select Guest® Giveaway (the “Promotion”) begins at 09:00 a.m. Central Time (“CT”) on December 9 and ends at 11:59 p.m. CT on December 11, 2020 (the “Promotion Period”). 2. HOW TO ENTER: You must be a member of the Omni Select Guest® Program to enter. Visit ReadySetJetset (https://www.instagram.com/readysetjetset/), the “influencer”, during the Promotion Period and follow the instructions to complete your free entry online by signing up for the Select Guest program through the promotion link. Becoming a Select Guest® member is free. Upon entry, you may be given the option to choose to receive promotional messages from the Omni Select Guest® Program; however, your election to do so is optional and will not affect your chances of winning. All promotional emails will always offer you the opportunity to opt-out of receiving future promotional emails. All entries must be received by the end of the Promotion Period. Proof of submission is not proof of receipt. Limit one (1) entry per person and one winner per household. Subsequent entries from the same person or social media account will be disqualified. Any attempt by a person to enter more than once with multiple email accounts or any other means may result in disqualification. 3. ELIGIBILITY: Open to legal residents of the 50 United States, D.C. and Canada (excluding Quebec) who are 21 years of age and older as of date of entry. Current Select Guest® Program members as of the Promotion start date and employees of Omni Hotels & Resorts (the “Sponsor”), their parents, subsidiaries, divisions, affiliates, advertising and promotion agencies and their employees and the immediate family members of each and those residing in the same household are not eligible. Eligibility may be verified at any time. The Promotion is subject to all applicable laws. Void where prohibited by law. 4. DRAWING AND WINNER NOTIFICATION: The winner of the Promotion will be randomly selected from all eligible entries received throughout the Promotion Period. The random drawing will be conducted on or about December 14, 2020. The potential winner will be notified by telephone, email, and/or direct message in Sponsor’s discretion, using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within 24 hours after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner 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 declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). 5. PRIZES/ODDS: The prize is one (1) free room night per winner. The number of winners is twenty (20). A winner is only eligible to win one (1) prize. Approximate retail value (“ARV”) of prize of one (1) free room night does not exceed $500 USD. ARV fluctuates based on property booked and timing of booking. Omni Hotels & Resort Select Guest free nights do not count towards Select Guest elite tier status qualification. Odds of winning depend on the number of eligible entries received. 6. GENERAL PROVISIONS: Winner will be required to confirm his/her mailing address (or for a Canadian winner, return a Declaration of Compliance) and execute a Release of Liability and, except where prohibited, publicity release, within ten (10) days of notification in order to receive the prize. If winner fails to respond to prize notification, the prize will be forfeited and an alternate winner may be selected. If winner is a Canadian resident, he/she must answer a time limited arithmetic skill testing question as a condition to winning the prize. All applicable federal, state, local, municipal and provincial taxes are the sole responsibility of the winner. Acceptance of prize constitutes permission to the Sponsor and its agencies to use winner’s name, biographical information, likeness and/or voice, for purposes of advertising and trade without further compensation, unless prohibited by law. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Promotion or use or redemption of prize. By participating in this Promotion, entrants agree to be bound by the Official Rules and the decisions of the Sponsor. Prize is nontransferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value if the advertised prize is unavailable. Winner releases Sponsor and its subsidiaries, affiliates, directors, officers, employees, agents and all others associated with the development and execution of this Promotion including Facebook, from any and all liability for damages, losses or injury resulting from participation in the Promotion or acceptance or use of the prize. In the event of a dispute, entries will be deemed made by the authorized account holder of the mobile phone number submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet Access provider, service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. If for any reason the Promotion is not capable of running as planned, including due to bugs, tampering, unauthorized telephone intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion and select the winner in a random drawing from among all eligible entries received prior to cancellation. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entry. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, altered, delayed, received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this Promotion; or (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Promotion or the processing of entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. The Promotion shall be governed by and interpreted in accordance with the laws of the State of Texas in the U.S. applicable to promotions fully carried out within Texas. Except where prohibited by law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' and/or experts’ fees; and winner hereby waive all rights to claim punitive, incidental and consequential damages and any other damages (including attorney’s fees), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Winner acknowledges that no other party nor any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce the winner to execute any document and winner acknowledges that they have not executed any document in reliance on any such promise, representation or warranty not contained herein. Any waiver by the Sponsor and its affiliates of any term of any document in a particular instance shall not be a waiver of such term for the future. Winner agrees that the invalidity or enforceability of any part of any document shall in no way affect the validity or enforceability of any of the remainder of that document. To the extent allowed by applicable law, acceptance of a prize constitutes winner’s permission (or minor winner’s parent/legal guardian’s permission) for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state and country) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (or for as long as allowed under applicable law), without further compensation except where prohibited by law. This permission does not extend to consent under data protection law (where these laws are applicable), and for more information on how personal information will be used, please see the "Privacy" section below. Insofar as is permitted by law, by entering the Promotion, entrant agrees to hold Promotion Entities harmless and that they will not be liable to compensate the winner or winner's guest for any loss, damages or expenses (including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing), which are caused or claimed to be caused, in whole or in part, directly or indirectly, by participating in the Promotion or by acceptance or use of a prize (including any travel or activity-related thereto); this release shall include liability for death and personal injury occurring as a result of taking up the prize except where it is caused by the negligence. of the Promotion Entities or that of their employees. Your statutory rights are not affected. Sponsor shall have no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor is liable for intent and gross negligence. Further, Sponsor is liable for the negligent breach of obligations whose fulfillment is essential to enable the ordinary implementation of the contract in accordance with these Terms and Conditions, whose breach jeopardizes the achievement of the purpose of the contract in accordance with these Terms and Conditions and on whose compliance you may rely on regularly. In the last-mentioned case, Sponsor is only liable for the foreseeable, typical contractual damage. Sponsor is not liable for slight negligent breach of other obligations than those mentioned in the above sentences. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected. Sponsor reserves the right in its sole discretion to disqualify from this Promotion and any other promotions offered by Sponsor, any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Promotion. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion, in whole or in part, if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances. By entering the Promotion, you agree, to the extent allowed by applicable law, that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of Texas, USA, without regard to principles of conflicts of laws, and by entering you consent to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas, USA, or if there’s no federal jurisdiction, Dallas County, Texas, USA for resolution of any disputes relating to the Promotion and waive any objection thereto to the extent allowed by applicable law. This choice of law does not deprive you of the protection afforded to you under any laws that cannot be derogated from by agreement under the law of your jurisdiction. SEVERANCE: If any provision(s) of these Terms and Conditions (or any part thereof) are held to be invalid or unenforceable, all remaining provisions (or any part thereof) hereof will remain in full force and effect. The original version of these terms and conditions is drafted in the English language. If these terms and conditions are translated into any other language, the English language version shall prevail. FACEBOOK AND INSTAGRAM: By participating, you release Facebook and Instagram, and their parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Promotion and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any information you submit online is to the Sponsor, and not to Facebook or Instagram. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. WINNER NAMES & DISCLOSURE: All winners’ Instagram handles and/or names may be posted on Sponsor or the influencer’s social media pages. Each entrant agrees that Sponsor and influencer may post entrant’s Instagram handle and/or name listing them as a winner. A list of winner names will be available for 90 days after the Promotion Period. To request a list of winner names, email Ashley.hamlin@omnihotels.com. SPONSOR: The Sponsor of the Promotion is Omni Hotels & Resorts, 4001 Maple St. Ste 500, Dallas, TX 75219.
