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|Holiday Inn® Then and Now Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Holiday Inn® Then and Now Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (and the District of Columbia), Canada (excluding Quebec), and Mexico who are at least eighteen (18) years old and are of legal age where they reside at the time of entry. Employees of Six Continents Hotels, Inc. ("Sponsor"), ePrize, LLC ("Administrator"), Weber Shandwick, ZAAZ, Inc., M80 Services, Inc. and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec and where prohibited.
2. Sponsor: Six Continents Hotels, Inc., 3 Ravinia Drive, Atlanta, Georgia 30346, U.S.A. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on August 1, 2012 at 12:00 a.m. Eastern Time ("ET") and ends on September 30, 2012 at 11:59 p.m. ET (the "Contest Period").
ZAAZ's computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, visit the Holiday Inn Facebook page at www.facebook.com/HolidayInnHotels and follow the links and instructions to complete and submit the registration form, including a valid email address. Then, follow the directions to upload two (2) photos (suitable for viewing by general audiences), one from the past that displays a memorable first event in your life, such as a first family vacation, a first experience at a Holiday Inn hotel, a personal “first” (e.g., first car, first day of school, etc.) and one from the present that recreates the past image, collectively referred to as your submission ("Submission"). By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions. All terms and conditions of www.facebook.com apply.
• The Submission must be in .jpg, .gif, or .png format;
• The Submission must not exceed 2 MB in size;
• The Submission must contain a description that must be at least twenty-five (25) characters and cannot exceed four hundred (400) characters in length;
• The Submission must be in English;
• The Submission cannot have been submitted previously in any other promotion; and
• The Submission must not contain any computer viruses, worms or other potentially damaging computer programs or files.
• The entrant must own all legal rights to the Submission (including the copyright), including photographs taken by a professional photographer;
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
• The Submission must not contain brand names or trademarks other than those owned by Sponsor, for which entrant is granted a limited license to use to incorporate in his/her Submission in this Contest;
• The Submission must not contain images or artwork not created by entrant;
• The Submission must not include any names, websites, street addresses, email addresses, or personal contact information for entrant or any other person;
• The Submission must not contain material that is determined by Sponsor to be inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous, libelous, racially or religiously biased or offensive, or threatening or harassing to any individual or business;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
• Entrant must have permission from all individuals that appear in the Submission (if any) to use their likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.
Limit: Each entrant may upload one (1) unique Submission per day during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: Following the conclusion of the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the entrant with the highest-scoring Submission to be deemed the potential Grand Prize winner from among all eligible Submissions based on the following criteria (“Judging Criteria”):
• Creativity/Originality (30%);
• Quality of Submission (30%);
• Fit to Contest Theme (30%); and
• Tie in of Holiday Inn (10%)
In the event of a tie, the entrant whose Submission received the highest score for Fit to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the potential Grand Prize winner.
7. Winner Requirements: Potential winner will be notified by email on or around October 10, 2012. Except where prohibited, the potential Grand Prize winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release within the required time period, does not comply with these Official Rules, potential winner forfeits the prize. If the potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. If needed, only three (3) alternate winners may be successively determined, after which the prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. The winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
8. Prize: ONE (1) GRAND PRIZE: A trip for four (4) to any Holiday Inn location, pending Sponsor approval. Trip package includes round trip, coach-class air transportation for four (4) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to the Holiday Inn location of choice; six (6) nights' accommodations at the Holiday Inn property selected by winner and approved by Sponsor in its sole discretion (two rooms, double occupancy); and $2,000 spending money. Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trip must be booked at least thirty (30) days prior to departure. Trip dates subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companions must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases (as determined by Sponsor) and must travel on same itinerary and at the same time as the winner. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value: $15,000 USD. Actual value will vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize or a prize component for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
9. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Winner List: For a winner list, visit http://bit.ly/NoEUBx. The winner list will be posted after winner confirmation is complete.
© 2012 ePrize, LLC. All rights reserved.