Two-Night Stay at Kimpton Hotels: Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
1. Eligibility. The Contest is open to all legal residents of the continental United States only, except residents of Rhode Island (who are not eligible to participate). Employees, officers and directors of Kimpton Hotel & Restaurant Group, LLC (“Kimpton”) and its various hotels, restaurants, parent companies, subsidiaries and/or affiliates (collectively “Kimpton Parties”), and their immediate families (parents, children, siblings, spouses) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. The Contest is void in the state of Rhode Island, outside of the continental United States, and where prohibited by law, regulation, statute or other appropriate authority, and is subject to all applicable federal, state and local laws.
2. Sponsors. The Independent Traveler, Inc., 200 Princeton South Corporate Center, Suite 330, Ewing NJ 08628, and 222 Kearny St. Suite 200, San Francisco, CA 94108 (“Sponsors”).
3. Agreement to Official Rules. Participation in the Promotion constitutes your full and unconditional agreement to these Official Rules and the decisions of Sponsors, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. Entry Period. The Promotion begins on Dec. 3, 2015 at 9:30 a.m. Eastern Time (“ET”) and ends on Dec. 4, 2015 at 9:30 a.m. ET (the “Entry Period”). Entries received prior to or after the Entry Period will be disqualified.
5. Entry. During the Entry Period, sign in and fill out the entry form for free on the 12 Days of Family Travel Giveaways landing page. Limit: you may enter only once per day.
6. Selection of Potential Winner. On or about Dec. 4, 2015, one (1) potential Grand Prize winner will be selected in a random drawing from among all eligible entries received. Potential winner will be notified by email. If the potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, Sponsors will select an alternate potential winner in his/her place from among all remaining eligible entries.
7. Requirements of Potential Winner. Except where prohibited, the potential Grand Prize Winner must complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within ten (10) days of being notified. If a potential winner fails to sign and return the Affidavit/Release (or fails to correctly answer the skill-testing question) within the required time period, if notification or prize is returned as undeliverable, or if Sponsors determine in their sole discretion that the potential winner is ineligible, an alternate entrant will be selected in his/her place. Winner may be required to provide social security number for tax reporting purposes. Travel companion must sign and return a liability/publicity release prior to travel. If travel companion is a minor, the winner must be his/her parent or legal guardian. Unless prohibited by law, acceptance of a prize constitutes permission for Sponsors to use winner’s name, picture, likeness, address (city and state/country), and biographical information for advertising and publicity purposes, worldwide, without further compensation.
8. Grand Prize. One (1) winner will receive a two-night stay at the Kimpton Hotel of their choice. Blackout dates and exclusions may apply. Room types subject to availability. Prize does not include airfare, non-discountable fees, federal, state or local taxes, or any other cost or fee associated with prize receipt or use not expressly stated herein. Winner and travel companion must travel on same itinerary and are responsible for all necessary travel documents, including, but not limited to, passports and visas. Travel must be completed before Dec. 31, 2016. Approximate retail value is: $500. Odds of winning depend on the number of eligible entries received.
9. General Conditions. In the event that the operation, security or administration of the Promotion is impaired in any way for any reason, Sponsors may, in their sole discretion, suspend, modify and/or cancel the Promotion. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Promotion. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. The Sponsors reserve the right to alter, amend or foreclose the competition in the event of unforeseen circumstances.
10. Release and Limitation of Liability. By participating in the Promotion, you agree to release and hold harmless Sponsors, their respective parent and related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical or printing errors; (c) lost, late, postage-due, misdirected or undeliverable mail or email; (d) errors in the administration of the Promotion or the processing of entries; or (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees.
11. Disputes. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Massachusetts. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsors’ rights and obligations shall be governed by the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules.
13. Winners List. For the results, visit contest page. The list of winners will be available at this URL until Jan. 12, 2016.
14. Additional Rules Apply. LIMITATIONS OF LIABILITY, DISCLAIMERS/RELEASE: KIMPTON PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL THE KIMPTON PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE- RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Conditions: All federal, state and other taxes are the sole responsibility of the winner. By participating, entrants, and winners and their guest agree to release and hold harmless the Kimpton Parties and their respective successors and assigns from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity andfor any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Kimpton Parties are not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules, attempt to interfere with this Contest or act in an inappropriate or disruptive manner in any way shall be disqualified. There is no purchase necessary to participate. A purchase does not increase odds of winning.
14a. Additional Terms: Kimpton Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability for you to enter a submission to the Contest, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
Kimpton Parties reserve the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. Kimpton Parties reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Contest or web site. Kimpton Parties may prohibit a participant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Kimpton Parties.
14b. Disputes: Except where prohibited, Kimpton Parties reserve the right to make all decisions in its sole discretion arising out of or relating to the Contest, and the decisions by Kimpton Parties are final and binding on all matters relating to the Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Arizona; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Kimpton Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than State of Georgia. By participating in the Contest, you agree that Phoenix, Georgia will be the exclusive forum for any formal dispute resolution.
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