Vancouver Holiday Sweepstakes Rules

Hyatt Regency Vancouver’s Share the Holiday Spirit Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS PROMOTION.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

 

YOU WILL ONLY BE ENTERED IF YOU FULLY COMPLY WITH THESE OFFICIAL RULES AND ALL INSTRUCTIONS FROM HYATT CORPORATION (“SPONSOR”), ITS DIVISIONS AND RELATED ENTITIES, AND EACH OF THEIR REPRESENTATIVES. BY TAGGING YOUR PHOTO WITH THE “REQUIRED TAGS” (DEFINED BELOW) AND POSTING YOUR PHOTO, YOU AGREE TO THESE OFFICIAL RULES, INCLUDING THE “SUBMISSION REQUIREMENTS” AND THE “LICENSE” SECTION BELOW, IN WHICH, AMONG OTHER THINGS, YOU GRANT SPONSOR RIGHTS TO USE YOUR PHOTO.

 

WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN FOURTEEN (14) DAYS OR OTHER SPECIFIED DEADLINE ACCORDING TO THE NOTIFICATION FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).

 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”), INSTAGRAM, LLC. (“INSTAGRAM”) OR TWITTER, INC. (“TWITTER”). A VALID FACEBOOK, INSTAGRAM OR TWITTER ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.   IF YOU DO NOT FOLLOW SPONSOR ON INSTAGRAM OR TWITTER, IT MAY AFFECT SPONSOR’S ABILITY TO COMMUNICATE WITH YOU, WHICH MAY RESULT IN YOUR DISQUALIFICATION.

 

BY ENTERING THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

OVERVIEW:

 

The Share the Holiday Spirit Sweepstakes (“Promotion”) begins at 9:00:00 AM Pacific Time (“PT”) on December 1, 2017 and ends at 11:59:59 PM PT on December 29, 2017 (“Promotion Period”).  Eligible individuals (see below for eligibility requirements) may enter the Promotion by taking a photograph of the Hyatt Regency Vancouver Gingerbread Lane 2017 (“Photograph”) that complies with these official rules (“Official Rules”) and posting the Photograph as a comment to the Hyatt Regency Vancouver Facebook, Twitter or Instagram account from their Facebook, Instagram or Twitter account along with the tags @HyattRegencyVancouver, #HyattHolidays2017 and #Sweepstakes (“Required Tags”), as described in more detail below.  Following the close of the Promotion Period, one (1) winner will be selected in a random drawing from among all eligible entries actually recognized and received by Sponsor as more full explained below.  Prize must be used on or before December 31, 2018.

 

ELIGIBILITY:

 

This Promotion is open only to legal residents of any one (1) of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec), who are at least nineteen (19) years of age, who have Internet access and use of a camera and/or other device to take, upload and post his or her photo via their Facebook, Instagram or Twitter account on the Facebook, Instagram or Twitter platform in good standing as of the first date of participation in this Promotion and through the date of prize award.  Corporate entities are not eligible and have no right to claim any prize won by its employees (even if winning the prize conflicts with corporate policy, in which case the prize will be forfeited entirely). Each entrant is solely responsible for ensuring that his/her entry does not violate his/her employer’s corporate policy. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, Hyatt Regency Vancouver, and each of their corporate partners, parent companies, divisions, affiliates, subsidiaries, successors in interest, advertising, promotion and public relations, fulfillment and marketing agencies (collectively, the “Promotion Entities”) are not eligible to enter or win a prize. For the purpose of this Promotion, relatives are defined as spouse, partner, parent, legal guardian, in-laws, grandparent, sibling, children and grandchildren.  Participation in this Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. This Promotion is void outside the fifty (50) United States and Canada (including, without limitation, in all U.S. territories (including Puerto Rico), possessions and overseas military installations, and Quebec), and where prohibited by law.

 

TO ENTER: 

 

TO ENTER: There are two steps required to enter this Promotion:

 

(1)   Take a Photograph.   First, take a Photograph of the Hyatt Regency Vancouver Gingerbread Lane 2017 that complies with all of the Submission Requirements below.  Any Photograph you submit in this Promotion must be taken by you.

(2)   Post your Photograph as part of a Comment to the Promotion Post on the Hyatt Regency Vancouver Facebook, Instagram or Twitter account.  You may enter the Promotion through Facebook, Instagram or Twitter by commenting on the Promotion post on the Hyatt Regency Vancouver Facebook, Instagram or Twitter account from your Facebook, Instagram or Twitter account that includes (i) your Photograph, and (ii) the Required Tags within your comment to the Promotion post on the Hyatt Regency Vancouver Facebook, Instagram or Twitter account (a “Submission”). 

 

Your Submission will appear on your Facebook, Instagram or Twitter feed and within other users’ feeds, and may be visible to other users or the public.  See “License” section below for other information about where and how your Submission or Photograph may be used (including by Sponsor).

 

Only Facebook, Instagram or Twitter accounts associated with an individual may be used for entry in this Promotion; entries received from a Facebook, Instagram or Twitter account associated with any organization, company, corporation, partnership or other entity will be void.  You must include the Required Tags to participate.  A Submission must be posted and received during the Promotion Period and identifiable by and viewable to Sponsor during the Promotion Period and at the time of winner selection and prize award for this Promotion to be eligible. Sponsor, at its sole discretion, may accept or disqualify a Submission that contains either a technically incorrect Required Tag or content that is: (i) superfluous to the required content or (ii) otherwise violates these Official Rules.  Submissions that are not both actually visible and timely received by Sponsor will not be entered into the Promotion.  For purposes of this Promotion, a Submission is “received” when the Facebook, Instagram or Twitter platform records your Submission and it is visible to Sponsor. Sponsor’s database clock will be the official timekeeper for this Promotion.  Incorrect and/or incomplete Submissions, posts received outside the applicable Promotion Period, and/or Submissions that contain obscene or offensive content or language or any content or language communicating messages inconsistent with the positive reputation and image with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void.

 

NOTE ABOUT MOBILE: By participating in this Promotion via your wireless mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use or text messaging sent and received from your mobile device according to the terms in your wireless service provider’s calling or data plan.  Normal airtime and carrier charges and other charges may apply to text messages or data use and will be billed on your wireless device bill or deducted from your pre-paid balance.  Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on messaging rate plans and charges relating to your participation in this Promotion. Participation in this Promotion via mobile or text message means that you understand and agree that you may receive push notifications or additional text messages from Sponsor, Facebook, Instagram or Twitter relating to this Promotion, including to notify you if you are a potential winner in the Promotion or to award a prize if you are a winner, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging and push notifications may not be available from all mobile device service carriers and handset models.  Check your device’s capabilities for specific instructions and your wireless service provider’s calling or data plan. Text messaging and wireless service are not available in all areas, from all mobile device service carriers, and with all mobile phones, handsets, or other devices.

 

Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her entry.  Entries must be submitted during the Promotion Period through the Application and in strict accordance with the instructions and restrictions in the Application and these Official Rules.  Entries may not be made jointly or by any group and may only be made by an eligible individual. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Promotion. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified.  All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged or returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, unintelligible, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified.  Entries made by any other individual or any entity, and/or originating at or using any website, other than the Facebook, Instagram or Twitter platforms, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion.  As a condition of entering the Promotion, each entrant gives consent for Sponsor and its representative to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations and rules. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects. Sponsor may, at its sole discretion, keep all participant information or copies of Submissions for up to five (5) years after completion of the Promotion for business management and record keeping purposes.

 

IMPORTANT: Sponsor may not be able to view Submissions, receive or send messages, or otherwise receive entries or detect participation from Facebook, Instagram or Twitter users with “protected” or “private” updates due to the way Facebook, Instagram and Twitter operate their respective services (i.e., user has set their account(s) so that only people whom the user has approved can view their updates).  Sponsor may not be able to communicate with a participant via some of Facebook’s, Instagram’s or Twitter’s features if participant is not using the latest version of the Facebook, Instagram or Twitter app or does not “follow” or otherwise connect his or her account with Sponsor’s account on Facebook, Instagram or Twitter. Participants are not required to “follow” Sponsor and may discontinue following Sponsor or having a Facebook, Instagram or Twitter account at any time, but doing so may mean that Sponsor cannot receive or provide communications (such as a prize-notification message to a potential winner) for purposes of administering this Promotion, which could result in participant being disqualified or ineligible to win a prize.  It is each participant’s sole responsibility to take all steps required for Sponsor to be able to detect and view his or her Submission, to set his or her Facebook, Instagram or Twitter account settings to accept communications by Sponsor, and to timely check his or her Facebook, Instagram or Twitter account for any direct messages, direct posts, or @Replies (as applicable) from Sponsor.  Sponsor is not responsible for changes to the Facebook, Instagram or Twitter platform (or any website or mobile application offered as part of such platform) or its functionality that may interfere with the Promotion or ability of a participant to timely enter or otherwise participate at all. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Submission using a search to find eligible entries. All use of Facebook in this Promotion must comply with the Facebook Statement of Rights and Responsibilities, available at https://www.facebook.com/legal/terms. All use of Instagram in this Promotion must comply with the Instagram Terms of Service, available at http://instagram.com/about/legal/terms/.  All use of Twitter in this Promotion must comply with the Twitter Terms of Service, available at https://twitter.com/tos, and Twitter Rules, available at https://support.twitter.com/articles/18311-the-twitter-rules.

 

SUBMISSION REQUIREMENTS:

Your Submission, including your Photograph and all elements associated and included with your Submission (other than the Required Tags), must meet all of the following requirements or you and the associated entry may be disqualified, as determined by Sponsor in its sole discretion:

·        Submission must be in .jpg, .gif, or .png format and must not exceed three (3) MB.

·        Submission must NOT depict, identify or include any person other than the entrant unless entrant has the express written permission from such individual(s) and can provide proof of that permission to Sponsor upon request.

·        Submission must NOT identify, reference, or depict any company other than Sponsor or any other company’s brands, products or services, except for a use that, as determined by Sponsor, is incidental, in the background, and/or not the focal point or primary content of a Submission.

·        Submission must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names and slogans), recognizable branded products or commercial artwork, except for a use that, as determined by Sponsor, is incidental, in the background, and/or not the focal point or primary content of a Submission.

·        All aspects of the Submission must be originally created by and solely owned by you or in the public domain.  All third-party content and content not original to you (unless it is in the public domain) is prohibited. You may use filters and other photo editing features that are properly used and licensed according to and through your photo editing or other software, however, you should not include any clip art or graphics that are not your own creation (or in the public domain).

·        Submission must NOT depict, identify, or include any person other than you unless the person depicted is at least the age of majority in his or her jurisdiction of residence and you have that person’s explicit consent to include him or her in the Submission OR you are that person’s parent or legal guardian and have authority to grant such consent.   As a condition of participating in the Promotion, you agree to provide adequate proof (as determined by Sponsor) of the person’s consent or your authority and your consent on the person’s behalf, as applicable, to Sponsor promptly upon request. (Adequate proof may include, without limitation, an affidavit or declaration executed by the person depicted and notarized at entrant’s cost and expense).

·        Submission must not create or imply any improper association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.

·        Submission must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity. 

·        Submission must be unpublished and not have been submitted in any other contest, promotion, or competition.

·        Submission must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Sponsor, or any third party.

·        Submission must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations applicable to participants or to this Promotion.

·        Submission must be suitable for presentation in a public forum.

·        Submission must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.

·        Submission must not, in the discretion and judgment of the Sponsor:, (1) contain words, images or statements considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or who are disabled, (2) contain any threats to any person, place, business, group or entity, or contain material that is unlawful, (3) contain materials that promote bigotry, racisms, hatred or harm against any group or individual or promotes discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability; (4) contain any materials that depict illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous; (5) contain other inappropriate content which includes, but not limited to, any display, depiction, or discussion of smoking, alcohol, illegal drugs, firearms, harming of animals, nudity, provocative/suggestive outfits or poses; or (6) contain content not in keeping with Sponsor's reputation and image.

 

Entrant agrees that his/her participation in the Promotion and agreement to these Official Rules, that his/her entry into this Promotion of the Submission, and that any Promotion Entity’s display and use of his/her Submission will not violate any agreement to which entrant is a signatory or party.

 

Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use by any Promotion Entity of the Submission in accordance with the rights granted to the Promotion Entities in these Official Rules.

 

Sponsor reserves the right in its sole discretion to disqualify from the Promotion and/or cease or refrain from displaying or publishing any entry or Submission that, in its sole discretion, refers, depicts, or in any way reflects negatively upon the Sponsor, the Promotion Entities, the Promotion, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.

 

WINNER SELECTION / NOTIFICATION:

 

The winners of the prize detailed in the “Odds, Prizes, Quantity & Approximate Retail Value” section below will be selected in a random drawing from among all eligible entries received, subject to verification. The drawing will be held on or about January 3, 2018. The drawing will be conducted by Sponsor’s designated representative, whose decisions regarding the random drawing will be final.

 

Within approximately three (3) business days after the winner selection, Sponsor or its designee will attempt to notify the potential winner that he or she may have won a prize by using the direct message or @Replay feature on Facebook, Instagram or Twitter (as applicable) for the user account that posted the potentially winning Entry Post. Potential winner must respond within fourteen (14) days according to the instructions in the notification, or prize and any further participation may, in Sponsor’s sole discretion, be forfeited.  Sponsor reserves the right at its sole discretion to use a different feature of the Facebook, Instagram or Twitter platform for notification for any reason, including, without limitation by posting a comment on the potentially-winning Entry Post or elsewhere.  Each participant is required as a condition of entry to follow any and all requirements in any notification by Sponsor in order to be eligible to win.

 

If potential winner is not a follower of Sponsor’s Facebook, Instagram or Twitter account, then potential winner will have to approve any direct messages sent to him or her by Sponsor and respond as directed in such message within the time frame described above or the potential winner will have to set his/her Twitter account to follow Sponsor’s @HyattTweets Twitter account (so that Sponsor will be able to send a private direct message via Twitter) within the time stated in the notice of Sponsor’s submission of an @Reply to the potential winner or else Sponsor may disqualify that potential winner’s entry.  Potential winner may discontinue following Sponsor after the completion of the eligibility verification and prize fulfillment procedures, but doing so before those procedures are completed may result in such person being disqualified or ineligible to win a prize. It is each potential winner’s responsibility to set his or her account settings to accept communications by Sponsor and to timely check his or her Facebook, Instagram or Twitter account for any such direct messages or @Replies.  

 

The potential prize winner may, in Sponsor's sole discretion, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents (collectively, “Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number if he or she is a U.S. resident, and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Winner Documents, if applicable, must be received by Sponsor from the potential winner within seven (7) days of Sponsor sending the documents to the potential winner or other larger time frame as stated in the Winner Documents, or prize may be forfeited and an alternate winner may be selected. If necessary, prize elements will only be mailed to winner’s physical address in one (1) of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) in Sponsor’s sole discretion. If any prize, prize-notification or other Promotion-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any winner or alternate potential winner, if any, including, for example, by instead posting a comment on the Submission requiring a response within a particular time frame. The entry, prize claim, and Winner Documents are subject to verification by Sponsor.  The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any reason, in which case the prize may go unawarded.  Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant.  To claim the prize, winner must follow the directions in his or her notification. 

 

PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):

 

Odds of winning depend upon the total number of eligible entries received.

 

One (1) winner, subject to verification, will receive a prize, which consists solely of: one (1) stay for winner and one (1) guest at Hyatt Regency Vancouver on Sponsor-approved dates, including one (1) double occupancy, standard hotel room for one (1) night, for use only by winner and verified guest, and one $150 dining credit valid at restaurants located within Hyatt Regency Vancouver (ARV $400). 

 

All aspects of the prizes must be used by December 31, 2018.

 

Upon redemption of one Prize element, all other Prize elements must also be redeemed within seven days.  Any Prize elements not redeemed within such seven day period shall be forfeited by the winner and Sponsor will have no further obligation with respect to that prize or portion of the prize. Advance reservations required to redeem the prize and each element.  Subject to availability and blackout dates. Prize only valid at Hyatt Regency Vancouver and no other hotel. All fees, costs, taxes, meals, travel, and any other expenses not specified herein are the sole and exclusive responsibility of the prize winner. No transportation (including, without limitation, airfare) is awarded as part of the prize and the winner is solely responsible for all transportation that may be required for use of the prize.  Prize may be subject to additional terms and conditions stated on the certificates or accompanying the certificate at the time of prize award; such terms may affect their use and/or may include expiration date.  Winner is exclusively responsible for complying with such terms and conditions. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion.  Failure to use the prize does not relieve the winner of his/her tax obligations associated with winning the prize, if any.  By participating in this Promotion, each participant agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion- or (as applicable) prize-related activity. The winner understands and agrees that Sponsor or prize providers have the right, in their sole discretion, to disqualify and remove the winner or his/her guest (if any) from any activity at any time if the winner’s or his/her guest’s (if any) behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to the prize, if any.  If legitimately claimed, each prize will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of incorrect or changed contact information.  If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.  Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason.  Winner agrees that his or her guest must comply with Sponsor’s and each prize provider’s procedures and policies and may be required to complete, sign, have notarized, and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor or participation will not be allowed. Once selected by winner, guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason.  No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded.

 

LICENSE:

 

By entering, except where prohibited by law, each entrant grants to the Promotion Entities and their agents, successors and assigns the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, and exploit the content of and elements embodied in the entry, including, without limitation, the Submission, in any and all media (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute the entry (or any part thereof) to entrant. Each entrant waives and releases the Promotion Entities from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Promotion Entities’ exploitation of entries without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Promotion Entities, each of their licensees, or any other person in connection with this Promotion, on the grounds that any use of any entry or element thereof (including the Submission) or derivative works therefrom, infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.

Each participant acknowledges and agrees that nothing in these Official Rules will require a Promotion Entity to use the entry in part or in whole or to include the entry in any Promotion Entity-related property.  Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her entry for purposes of the Promotion does not place any of the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entry (including all Submissions), other than as set forth in these Official Rules.  Each entrant understands and acknowledges that Sponsor has wide access to ideas, essays, images, and other creative materials. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her entry and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her entry or its constituent elements. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Promotion Entity property or product, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

 

LIMITATION OF LIABILITY:

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE Promotion Entities, FACEBOOK, INC., Instagram, LLC, Twitter, Inc. AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR PROMOTION-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability or fitness for a particular purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST (IF ANY) RELATED TO ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST’S (IF ANY) USE OF THE PRIZE.  THE PRIOR LIMITATIONS ON DAMAGES IS NOT INTENDED TO LIMIT THE PROMOTION ENTITIES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE PROMOTION ENTITIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE PROMOTION ENTITIES, OR FOR THE PROMOTION ENTITIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

 

BY PARTICIPATING IN THE PROMOTION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE AGAINST THE RELEASED PARTIES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW IN ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

 

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

ADDITIONAL DISCLAIMERS:

 

To the maximum extent permitted by applicable law, Released Parties are not responsible and/or liable for any of the following: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, e-mail, mail, social media message, or Promotion-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.  Released Parties are not responsible for any changes or unavailability of the Facebook, Instagram or Twitter Platform or Application that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Facebook, Instagram or Twitter Platform for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.  Promotion Entities are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind (including, without limitation, Instagram or other social media messages from Sponsor that are segregated or filtered from entrant’s other messages), or insufficient space in a potential winner’s email, Facebook, Instagram or Twitter account, voicemail, or other inbox. Promotion Entities are not responsible, and may disqualify you, if your Facebook/Instagram/Twitter information or account, e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.  Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Promotion activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state/provincial/territorial or local government authority, or any other cause, whether or not specifically mentioned above.

 

GENERAL RULES:

 

By entering the Promotion (except where prohibited by law), each entrant grants the Promotion Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.  Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of these Official Rules and awarding of the prize. Each participant, as a condition of entry, agrees to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Each participant further agrees to not damage or cause interruption of the Promotion and/or prevent others from using the Promotion. Sponsor reserves the right to restrict or void online entries or participation from or related to any IP address if any suspicious entry and/or participation is detected.  Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion.  Entrants waive any right to claim ambiguity in the Promotion or these Official Rules.  If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.  The Promotion Entities are not responsible and will have no liability for any content or other participation that is removed from Facebook, Instagram or Twitter for any reason at any time, including prior to being recorded by Sponsor as an entry into this Promotion, and including removal by Facebook, Instagram or Twitter of content that would otherwise qualify as an Entry Post in response to such content being “flagged” or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  If the Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the e-mail address associated with the Facebook/Instagram/Twitter account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage made to the Facebook, Instagram or Twitter platform will be the responsibility of the registered account holder of the e-mail address for the Facebook, Instagram or Twitter account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS.  IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Disputes/Governing Law:

 

Except where prohibited by law, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Entity, claims and causes of action arising out of or connected with this Promotion, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR SENTENCE MAY NOT APPLY TO ALL ENTRANTS.

 

This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Illinois, without reference to its conflicts of law principles.  Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Chicago, Illinois, and each entrant accepts and submits to the personal jurisdiction of these Illinois courts with respect to any legal actions, suits or proceedings arising out of or related to this Promotion.

 

PRIVACY:

 

Personal Information collected from entrants will be used only for the purposes of administering this Promotion and as expressly set out in these Official Rules (unless the entrant agrees otherwise) and is subject to the Sponsor’s Privacy Policy at privacy.hyatt.com. By submitting an entry to this Promotion, entrant acknowledges that he/she has read and EXPRESSLY agrees to be bound by Sponsor’s Privacy Policy. Participants who are residents of Aruba may have a right, under certain circumstances, to oppose data collection by Sponsor. To exercise such right, they may write to Sponsor at the address below.

 

WINNER’S LIST/OFFICIAL RULES:

 

To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Promotion Period: Hyatt Regency Vancouver, Share the Holiday Spirit Sweepstakes Winner List, Attn: Reservations/PBX Manager, 655 Burrard Street, Vancouver, BC V6C 2R7, Canada. For a copy of these Official Rules during the Sweepstakes Period, visit https://www.facebook.com/hyattregencyvancouver or send a self-addressed stamped envelope to the following address for receipt during the Sweepstakes Period: Hyatt Regency Vancouver, Share the Holiday Spirit Sweepstakes Official Rules, Attn: Reservations/PBX Manager, 655 Burrard Street, Vancouver, BC V6C 2R7, Canada. Only one (1) request of either type per outer envelope will be fulfilled. Vermont and Canadian residents may omit return postage for rules requests.

 

THE SPONSOR OF THIS PROMOTION IS: Hyatt Corporation, 150 North Riverside Plaza, Chicago, Illinois 60606.

ABBREVIATED RULES:

NO PURCH. NEC. TO ENTER/WIN. BOOKING A STAY AT HYATT REGENCY VANCOUVER (“HOTEL”) IS NOT REQUIRED AND WILL NOT INCREASE YOUR CHANCES OF WINNING. Enter between 9am Pacific Time 12/1 & 11:59:59pm PT 12/29/17 by posting a photograph as a comment to the Hotel’s Gingerbread Lane 2017 Promotion post on the Hotel’s Facebook, Instagram or Twitter account from your Facebook, Instagram or Twitter account and include the tags @HyattRegencyVancouver, #HyattHolidays2017 and #Sweepstakes within your post.  Odds of winning depend on # of eligible entries recv’d. BY PARTICIPATING, YOU AGREE TO THE GOVERNING OFFICIAL RULES, available at https://vancouver.regency.hyatt.com/en/hotel/news-and-events/events/gingerbread-lane.html. 1 winner will receive a 1 night stay for winner and 1 guest at Hyatt Regency Vancouver on Sponsor-approved dates in 1 double occupancy, standard hotel room and a $150 dining credit valid at restaurants within the Hotel (ARV $400). Prize must be used by 12/31/18. Subj. to availability. Only open to residents of U.S., DC, or Canada (excluding Quebec), age 19+, with internet access and a valid Facebook, Instagram or Twitter account that is viewable by Sponsor.  Void where prohib. by law. Sponsor: Hyatt Corporation, 71 S. Wacker Dr., Chicago, IL 60606. This Contest is in no way sponsored, endorsed, or administered by or associated with Facebook, Inc., Instagram, LLC or Twitter, Inc..  Hyatt® and related marks are property of Hyatt Corporation and/or its affiliates. ©2017 Hyatt Corporation. All rights reserved.

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655 Burrard Street, Vancouver, British Columbia, Canada, V6C 2R7

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