Indulge in Luxury
Indulge in Luxury
Indulge in Luxury
HOTEL COLLECTION OFFICIAL SWEEPSTAKES RULES AND LEGAL DISCLAIMER
Introduction
By entering into the Hotel Collection Indulge in Luxury (the “Sweepstakes”) you are agreeing to be subject to all applicable terms below and conditions below.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF PROMOTER’S PRODUCTS OR SERVICES DOES NOT ENHANCE CHANCES OF WINNING.
Eligibility
The Sweepstakes is open solely to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers, directors, or agents of Promoter or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
How to Enter
Beginning on February 1, 2024 at 12:00AM Eastern Time through May 15th, 2024 at 12:01AM Eastern Time, log on to https://www.hotelcollection.com/pages/fairmont-sweepstakes and follow the on-screen entry instructions. Fill in all required information. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Sweepstakes will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate the Sweepstakes for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Sweepstakes.
Provision of Materials and Information/Intellectual Property
By entering into the Sweepstakes, Participant represents and warrants as follows: (1) that he or she fully owns or has properly licensed whatever materials or information he or she submits hereunder in connection with the Sweepstakes and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Random Drawing; Prizes; Notifying Prize Winners
A random drawing will be conducted on or about May 15th, 2024 by Promoter to select a winner (the “Winner”) from among all eligible entries received. Further details about the drawing can be found online at the following link: https://www.hotelcollection.com/pages/fairmont-sweepstakes. Odds of winning depend on the number of entries received.
The Winner will be notified by email (the “Notification”) and must sign and return Promoter’s Affidavit of Eligibility and Release (the “Affidavit”) on or before July 21, 2024, as set forth in the Prize Winner Notification Letter. Failure to respond within the applicable time period will result in the Winner’s declared ineligibility and forfeiture of the prize, which is round trip airfare for two (2) individuals to Arizona, a 3-night stay at the Fairmont Sedona Mission Inn Resort and Spa, and $2,500 of spending money (collectively the “Prize”), and Promoter shall have the option to award the Prize to an alternate Winner. The return of the Notification or Prize as undeliverable may also result in disqualification and an alternate Winner may be selected. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Winner’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. A potential Winner will also forfeit his or her Prize if he or she is disqualified as not eligible to have participated in the Sweepstakes in the first instance.
The Winner must provide a copy of government-issued photo identification to claim his or her Prize. All federal, state, and local income taxes resulting from acceptance of the Prize are the responsibility of Winner. Promoter reserves the right to substitute an alternate Prize of comparable or equal value in its sole discretion. One the actual Prize (whether as originally declared or substituted in Promoter’s discretion) is disclosed in writing to and accepted by Winner, then Promoter may use the Winner's name, reasonable and appropriate likeness, and biographical information (other than date of birth, mailing address, e-mail address or other personal and private information) for marketing purposes (including posting the information on its website) without further compensation or right of approval, unless prohibited by law.
Subject to applicable law, the Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose, other than the fact that the Prize is actually as disclosed and represented to Winner. If applicable, Promoter is not responsible for replacing the Prize if damaged unless such damage is caused by Promoter. If applicable, Winner must look to the Prize’s manufacturer or supplier for potential guarantees or warranties of any kind.
Publicity
Subject to applicable law, acceptance of the Prize constitutes Winner’s consent to Promoter and Promoter’s affiliates and agents to use his or her name, voice, likeness, and biographical information (other than date of birth, mailing address, e-mail address or other personal and private information) for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Winner with any payment or other form of consideration. Winner agrees to execute the Affidavit described and set forth above and to return or cause it to be returned to same to Hotel Collection, LLC or its legal representative, Eduard Kotlyarov, Jr., Esq., on or before July 21, 2023 as evidence of her intent to accept the Prize.
Release
Subject to applicable law, by entering into a Sweepstakes and potentially receiving a Prize, each Participant agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Sweepstakes (or related activity such as a press release), and/or Promoter’s right to exploit Winner’s, name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Winner’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Winner’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).
Limitation of Liability
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY WINNER’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY WINNER’SRECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY WINNER’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY WINNER’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Use of Collected Materials and Information
Promoter will be collecting, storing, and exploiting limited personal data (as contemplated herein) about Winner for purposes of determining his or her eligibility to win the Prize and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By accepting the Prize, Winner agrees to Promoter’s collection and limited use of his or her personal information (as contemplated and for the limited purposes set forth herein). Promoter will not disclose any Winner’s personal information (as contemplated and authorized herein) to any non-affiliated third party. For more information on Promoter’s handling of personal information. See Promoter’s Privacy Policy, a copy of which can be found at the following link: https://www.hotelcollection.com/policies/privacy-policy.
Dispute Resolution
The Parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., CLASS ACTIONS SUITS ARE HEREBY WAIVED BY THE PARTIES), and exclusively by the state or federal courts situated in Miami-Dade County, Florida, USA; (2) that the laws of the state of Florida shall govern, without regard to its conflict of laws principles; and (3) that THE PARTIES HERETO WAIVE ANY RIGHT TO A TRIAL BY JURY.
Winner’s List
For a list of all Winners, send a self-addressed, stamped envelope to Hotel Collection LLC attn: Sweepstakes Compliance, 2058 NW Miami Ct, Miami, FL 33127 on or after June 16, 2024 with your request.
Promoter
Hotel Collection LLC
38 NW 24th Street
Miami, Florida 33127
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