These Official Rules govern the “#JamesPOV” (the “Sweepstakes”) offered by The James Hotels (the “Sponsor”).
Important: Please read these rules before entering this Contest promotion (the "Promotion"). By participating in this Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET CONNECTION REQUIRED.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN PRIZES, AND THE JAMES HOTELS ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU.
To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers and employees of Sponsor and its participating sponsor(s) and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, employees and immediate families and members of the same household of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Instagram, Facebook or Twitter are not sponsors of this Contest and do not endorse or otherwise have any involvement with this Contest.
2. Promotion Period. The Promotion starts at 6:00PM CST on Wednesday June 14, 2017 and ends at 11:59PM CST Wednesday, June 14, 2017 (Promotion Period). All entries must be received during the Promotion Period and meet all other requirements in these Official Rules to be eligible to win a prize. Entry into this Promotion does not constitute entry into any other promotions, contests or sweepstakes. Sponsor's computer is the official clock for this Promotion.
3. How to Enter #JamesPOV Instagram Contest. You may enter this Sweepstakes online via The James Hotels Instagram page only. All entries must be received by 11:59 p.m. of the last day of the
Sweepstakes. All entries become the property of The James Hotels and will not be returned. The James Hotels shall determine timeliness of entries in its sole discretion. Entry: Post one (1) photo or video of a view that inspires you from The James Chicago’s new lobby along with a caption during the Sweepstakes Period. The user must follow @jameshotels on Instagram and include the hashtag #JamesPOV on all entries. Online entrant must be the registered subscriber of the Instagram account or email address by which the entry is made. Entries made by any individual or any entity other than the named entrant and/or originating at any other Internet Website, including (but not limited to) commercial sweepstakes subscription notification and/or entering service sites are void.
4. Content Guidelines and Restrictions for Entries
• You must have full rights to post your entry on Instagram account
• Your entry must not contain material that violates or infringes upon any person's or entity's rights including, without limitation, rights of publicity, rights of privacy (including, without limitation, the right not to be held in a false light), trademarks, copyrights, or other intellectual property or proprietary rights;
• Your entry must not disparage any person, product, service, or entity;
• Your entry must be tasteful, consistent with Sponsor's brand and image, must not be harmful to Sponsor's brand or image, and must not contain material that is inappropriate, indecent, obscene, hateful, tortious, or defamatory;
• Your entry 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
• Your entry must not contain material that violates any applicable law or regulation. By submitting your entry, you confirm that that your entry conforms to the Content Guidelines and Restrictions listed above and that failure to comply may result in disqualification.
For All Entry Methods: All requested information and material must be provided for your entry to be valid. Failure to submit all required information in the manner required in these Official Rules may result in disqualification. Entries received from any person (using multiple or different Instagram accounts or other applicable accounts) or email address in excess of the stated limit will be void. You must have signed permission from all individuals (including without limitation parents/legal guardian of children, if featured and if not your own) that appear in the entry to use their name, likeness, image, and persona in the entry. Proof of online entry will not be deemed to be proof of receipt of entry by Sponsor.
5. Disclaimer. Sponsor, Instagram and all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") are not be responsible for: (a) any inaccurate or incorrect entry information, human errors, late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or
communications-related malfunctions, interruptions, failures, omissions, deletions, defects, errors, or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion, including, without limitation, any injury or damage to you, your computer, or any other person or person's computer in connection with your participation in this Promotion)
6. Selection and Notification of Winner. One (1) grand prize winner and two (2) second place winners will be randomly selected from all eligible entries received on or about 10:00AM CST Tuesday, June 20, 2017. Instagram drawing will be conducted using Random Picker, an independent selection tool. Winning entry must have been posted during the contest period, tag #JamesPOV and user must be following @jameshotels on Instagram at time of selection. Alldecisions of the judges are final. Odds of winning will be determined by the number of eligible entries received. Sponsor will notify potential winners by direct message on or about June 2017. To claim a prize, potential winners should follow the instructions contained in their notification. Sponsor is not responsible for any failure of delivery of notice. Potential winners will be required to respond to Sponsor's notification within 48 hours and in accordance with the instructions contained in the winner notification or the prize will be forfeited and you will be disqualified. As a condition of being awarded any prize, winner may (in Sponsor's sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion. Failure to fully complete, execute and return all forms specified in the required time frame may result in the potential winner's disqualification. In the event of a potential winners disqualification or any other disqualification permitted under these Official Rules, or in the event that any prize notification or the prize itself is returned as undeliverable, for any reason, Sponsor may, in its sole discretion, choose to select an alternate prize winner or elect not to award the prize to anyone.
8. Identity of Entrant. If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the Instagram account or email address submitted at time of entry. An authorized account holder is defined as the natural person who created the Instagram profile or is assigned to an e-mail address by an Internet access provider, online service
provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winners may be required to provide Sponsor with proof that the potential winner is the authorized account holder associated with a winning entry.
9. Prizes. Prize consists of only those items specifically described as included in the prize. 1st Place: 2 night stay at The James New York – NoMad. 2nd Place: 1 night stay at The James Chicago - Magnificent Mile & dinner for 2 at Primehouse. 3rd Place: Spa package from The Spa by ASHA Complimentary hotel nights must be redeemed by June 30, 2018. Subject to availability and blackout dates. Winner must be eighteen (18) years of age or older. Winners are solely responsible for all other costs and expenses not otherwise mentioned herein. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
10. Odds; Taxes, Etc. Odds of winning a prize depend on the number of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The approximate value of the prizes is based on available information provided to Sponsor, and the value of any prize awarded to winner may be reported for tax purposes as required by law. The prize winner may be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the prize will be awarded.
11. General Conditions to Participation. You hereby represent and warrant that (a) the photography submitted by you for this Promotion is your original work and/or that you have obtained all necessary rights and permissions to use and submit the entry in connection with the Promotion and to provide all the rights specified in these Official Rules; and (b) the entry and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including without limitation any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights. By participating in this Promotion you hereby grant Sponsor a royalty-free, irrevocable, transferable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works from, and display your entry, in whole or part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed to promote this Promotion or the Sponsor's business in general.
12. General Release. By entering the Promotion, you release Sponsor, Instagram and all Released Parties from any liability whatsoever and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
13. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use winner's name, Instagram username, likeness, persona, hometown, and prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Sponsor deems appropriate--including, without limitation, for public-facing advertising, marketing, and promotional purposes--without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winner may (in Sponsor's sole discretion) be required to execute a written consent, confirming Sponsor's right to use such winner's name, Instagram username, likeness, persona, hometown, and prize information without further permission or compensation.
14. Winner List; Rules Request. For the Winner List or a copy of these Official Rules, send a self-addressed, stamped envelope along with the request with subject line "#jamespov" Contest Winner List Request to The James Hotels mailing address listed below after June 14, 2017 and before June 20, 2017.
15. Disputes. Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action: (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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; and (4) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the you and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
16. Miscellaneous. You agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Notwithstanding the foregoing, Sponsor reserves the right to amend, modify, or cancel the Promotion after posting notice at jameshotels.com/jamespov. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. You agree to waive any rights to claim ambiguity of these Official Rules. Sponsor reserves the right to modify these Official Rules provided that such modifications do not materially alter the Contest. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any
18. Sponsor: Denihan Hospitality Group, 551 5th Ave, Floor 9, New York, NY 10176.