AVID™ HOTELS REWARDS CARD LOYALTY OFFER
The avid™ hotels Offer (“Offer”) is sponsored by Six Continents Hotels, Inc. (“Sponsor”), Three Ravinia Drive, Suite 100, Atlanta, GA 30346 and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI USA 48033.
1. OFFER TIMING: The Offer begins at 12:00 AM Central Time (“CT”) on April 1, 2019 and ends at 11:59:59 PM CT on December 31, 2019 or when Offer Item (defined below) supplies are exhausted, whichever occurs first (“Offer Period”). Administrator’s computer is the Offer official clock.
2. ELIGIBILITY: This Offer is offered only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years or older and who are not IHG® Rewards Club members prior to registering for the Offer. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, and companies involved in the implementation and execution of the Offer (“Offer Entities”) and each of their respective immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to participate. Void where prohibited or restricted by law. All applicable federal, state, and local laws and regulations apply.
3. OFFER DETAILS: To participate in the Offer, a participant must, during the Offer Period, visit https://www.ihg.com/avidrewardcard to enroll into IHG® Rewards Club and register for this Offer with a valid e-mail address. After becoming an IHG® Rewards Club member and registering for the Offer, a participant must complete one (1) Qualifying Stay (defined below), during the Offer Period, at an avid™ hotel located in the United States (“Hotel”). Reservation must be booked direct with IHG via IHG.com, the IHG® App, IHG® brand sites, Central Reservations, Hotel Direct, or corporate business bookings made through your company’s travel agency or travel department. A stay constitutes a “Qualifying Stay” when participant pays qualifying rates, which include most business and leisure rates at the Hotel. Stays booked through an Online Travel Agency or on Non-Qualifying Room Rates and Non-Qualifying Stays are not eligible for this Offer. Non-Qualifying Room Rates and Non-Qualifying Stays are subject to standard IHG Rewards Club Membership Terms and Conditions (see https://www.ihg.com/content/us/en/customer-care/member-tc.html) and include the following: net wholesale individual and group rate, certain package rates, employee discount rate, friends and family rate, crew rate, special discounted contract rates, seasonal worker/crew rate, 50% travel club discount rate, travel industry discount rate, distressed passenger rate, IHG Rewards Club Reward Nights/Airline Hotel Reward rate, most rates booked through most third party web sites, complimentary hotel stays, an Enrolling Stay which is an on-property enrollment in conjunction with a qualified stay. A Qualifying Stay at the Hotel must begin and be completed during the Offer Period. At the conclusion of a participant’s Qualifying Stay at the Hotel, participant will qualify to receive a $20 Mastercard® Virtual Account (“Offer Item”). The approximate retail value of an Offer Item is $20. Available only while supplies last. No more than three hundred (300) Offer Items will be available in the Offer. Offer Items will be e-mailed to qualifying recipients at the e-mail addresses associated with recipients’ IHG® Rewards Club accounts within approximately four (4) – six (6) weeks. Limit one (1) Offer Item per person.
The OmniCard Mastercard Reward Virtual Account is issued by MetaBank®, Member FDIC, pursuant to license by Mastercard International Incorporated. The Mastercard Virtual Account can be redeemed at every internet, mail order, and telephone merchant everywhere Debit Mastercard is accepted. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. This optional Offer is not a MetaBank or Mastercard product or service; and MetaBank or Mastercard does not endorse this Offer.
In no event will more Offer Items than are stated in these Terms and Conditions be given away. No Offer Item substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute an Offer Item of equal or greater value in case of unavailability of an Offer Item or force majeure. The Offer Entities shall not be held responsible for any delays in providing an Offer Item for any reason. If a potential recipient is found to be ineligible, is not in compliance with these Terms and Conditions, declines to accept an Offer Item, or any recipient notification is returned as undeliverable, the Offer Item may be forfeited. If an Offer Item is forfeited for any reason, it may be given to an alternate potential recipient, at the Sponsor’s sole and absolute discretion. If, after a good-faith attempt, Sponsor is unable to provide or deliver an Offer Item, the Offer Item may not be given away. Offer Items are not transferable and include only the items specifically listed as part of each Offer Item. Any portion of an Offer Item not accepted by recipient will be forfeited. Each recipient shall be solely responsible for payment of any and all applicable federal, state, and local taxes for an Offer Item. All other costs and expenses not expressly set forth herein shall be solely a recipient’s responsibility. This Offer is subject to standard IHG Rewards Club Membership Terms and Conditions, which can be obtained by visiting www.ihgrewardsclub.com. IHG reserves the right to remove a member’s eligibility if fraudulent use of the Offer is detected.
4. LIMITATION OF LIABILITY: By participating in the Offer, a participant agrees that the Offer Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Offer; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Offer and/or accepting an Offer Item; and (viii) communications that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Terms and Conditions. Further, the Offer Entities are not responsible for any undelivered messages or e-mails, including without limitation, e-mails that are not received because of a recipient’s privacy or spam filter settings that may divert any recipient notification or other Offer related e-mail to a spam or junk folder.
By participating in the Offer, each participant agrees: (i) to be bound by these Terms and Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Offer; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Offer, including, but not limited to, any Offer-related activity or element thereof; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of an Offer Item (or any component thereof); (d) any change in the Offer Items (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed Offer Items (or any element thereof); or (h) the negligence or willful misconduct by participant.
If, for any reason, the Offer is not capable of running as planned, or the integrity and or feasibility of the Offer is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Offer and/or proceed with the Offer, including the selection of recipients in a manner it deems fair and reasonable, termination, modification, or suspension without any further obligation. If Sponsor, in its discretion, elects to alter this Offer as a result of a Force Majeure event, a notice will be posted at the redemption portal.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS OFFER, INCLUDING THE OFFER ITEMS, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5. DISPUTES: This Offer is governed by, and will be construed in accordance with, the laws of the state of Michigan, and the forum and venue for any dispute shall be in Oakland County, Michigan. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by JAMS in accordance with its arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Michigan. All proceedings brought pursuant to this paragraph will be conducted in Oakland County, Michigan. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages or have damages multiplied or otherwise increased, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Entrants agree that the rights and obligations of any entrant and/or Offer entities and/or any other party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.
6. PRIVACY POLICY: Sponsor’s privacy policy is available at https://www.ihg.com/content/us/en/customer-care/privacy_statement#3.
7. PUBLICITY RIGHTS: By participating in the Offer and/or accepting an Offer Item, each participant agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Offer, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including but not limited to television (including live television), radio, Internet, without notice, review, or approval and without additional compensation except where prohibited by law.
8. GENERAL: This Offer is subject to all federal, state, and local laws and regulations. Receiving an Offer Item is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Offer other than as described herein is void and will result in disqualification, and if such person is selected as a potential recipient, revocation of his/her Offer Item. If it is discovered or suspected that a person has attempted to receive multiple Offer Items using multiple telephone numbers, e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, that person will not be provided any Offer Item that he/she might have been entitled to receive and such Offer Item may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Offer, to be acting in violation of these Terms and Conditions or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Offer. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Offer will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE OFFER OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a recipient, the recipient will be the primary account holder of the e-mail account associated with recipient’s IHG® Rewards Club account. Potential recipients may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the e-mail account. If any provision of these Terms and Conditions or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions or any Offer Item documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Offer details contained in these Terms and Conditions and the Offer details contained in any other materials, the details of the Offer as set forth in these Terms and Conditions shall prevail.
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