FIND Experience Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE (INCLUDING PURCHASING A FIND EXPERIENCE) 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.
WINNER(S) WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
YOU MUST BE A WORLD OF HYATT MEMBER IN GOOD STANDING, A LEGAL RESIDENT OF AND CURRENTLY PHYSICALLY LOCATED IN THE STATE OF CALIFORNIA OR THE STATE OF NEW YORK TO ENTER THIS CONTEST. ONLY RESIDENTS WHO ARE CURRENTLY PHYSICALLY LOCATED IN THE STATE OF CALIFORNIA ARE ELIGIBLE TO WIN PRIZES TAKING PLACE IN CALIFORNIA. ONLY RESIDENTS WHO ARE CURRENTLY PHYSICALLY LOCATED IN THE STATE OF NEW YORK ARE ELIGIBLE TO WIN PRIZES TAKING PLACE IN NEW YORK.
TRANSPORTATION WILL NOT BE AWARDED AS A PRIZE THROUGH THIS CONTEST.
BY ENTERING THIS CONTEST, 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.
FIND Experience Contest (“Contest”) begins at 9:00 a.m. Central Time (“CT”) on October 16, 2018 and ends at 11:59:59 p.m. CT on October 24, 2018 (“Contest Period”). Sponsor will invite entrants to enter the Contest via email, as described in more detail below. To enter, eligible individuals (see below for eligibility requirements) must follow the link provided in the email to a survey and submit their answers to each of the questions on the survey, including providing a ranking of their preferences as it relates to the available prize categories (“Survey Submission”) between 9:00:00 a.m. CT on October 16, 2018 and 11:59:59 p.m. CT on October 18, 2018 (“Survey Entry Period”). The first round of judging will take place between 5:00:00 p.m. CT on October 16, 2018 and 11:59:59 p.m. CT on October 19, 2018 (“Survey Judging Period”). Individuals who provided Survey Submissions with the top fifty (50) scores will move onto the second round. In the second round, eligible individuals shall participate in a video conference interview with Sponsor and answer additional questions (“Interview Submission”) between 8:00:00 a.m. CT on October 19, 2018 and 11:59:59 p.m. CT on October 24, 2018 (“Video Conference Interview Period”). The final round of judging will take place between 8:00:00 a.m. CT on October 19, 2018 and 11:59:59 p.m. CT on October 25, 2018 (“Video Conference Judging Period”). Eligible entries received by Sponsor during the Contest Period will be evaluated by the Judges (defined below), as described in these Official Rules. The Judges will select twenty four (24) winners based on the criteria listed in these Official Rules following the Video Conference Judging Period. The judging will be conducted during and after the Contest Period, as described in the chart below.
Phase |
Starts |
Ends |
|---|---|---|
Contest Period |
9:00:00 a.m. CT |
11:59:59 p.m. CT on October 24, 2018 |
Survey Entry Period |
9:00:00 a.m. CT |
11:59:59 p.m. CT on October 18, 2018 |
Survey Judging Period |
9:00:00 a.m. CT |
11:59:59 p.m. CT on October 19, 2018 |
Video Conference Interview Period |
8:00:00 a.m. CT |
11:59:59 p.m. CT on October 24, 2018 |
Video Conference Judging Period |
8:00:00 a.m. CT |
11:59:59 p.m. CT on October 25, 2018 |
The winners, subject to verification and compliance with these official rules, will be determined from among eligible entries actually received by Sponsor based on a variety of established criteria as set forth in detail below.
This Contest is open only to legal residents of New York or California (who are also currently physically located in New York of California, respectively) who are at least twenty-one (21) years of age, who are World of Hyatt members in good standing on the date of entry in this Contest through the date of prize award, who receive an email from Sponsor inviting them to participate, and who agree to being filmed during the redemption and experience of their prize and having their story and that footage used by Sponsor for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her (as described more fully in these Official Rules). Only legal residents of New York who are currently physically located in New York are eligible to win prizes offered and taking place in the state of New York; only legal residents of California who are currently physically located in California are eligible to win prizes offered and taking place in the state of California. 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, IfOnly, forsman & bodenfors and each of their respective corporate partners, parent companies, divisions, affiliates, subsidiaries, successors in interest, production companies, videographers, advertising, promotion and public relations agencies (collectively, the “Contest Entities”) are not eligible to enter or win a prize. For the purpose of this Contest, relatives are defined as spouse, partner, parent, legal guardian, in-laws, grandparent, sibling, children and grandchildren. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. This Contest is void outside the state of New York, the state of California and where prohibited by law.
During the Contest Period, eligible individuals can enter the Contest by taking the following steps:
- Upon receiving an email from Sponsor inviting them to participate in this Contest, follow the link provided in the email to a survey and submit their answers to each of the questions on the survey, including providing a ranking of their preferences as it relates to the available prize categories, during the Survey Entry Period.
- a. California Legal Residents: available prize categories are (i) Fitness & Relaxation; (ii) Food & Drink; and (iii) Tours & Adventures.
- b. New York Legal Residents: available prize categories are (i) Fitness & Relaxation; and (ii) Food & Drink.
- If notified as having one of the top fifty (50) scored Survey Submissions, participate in a video conference interview with Sponsor during the Video Conference Interview Period.
Survey Submissions and Interview Submission are collectively referred to as “Submissions.” Each free-form question on the survey is limited to 1500 characters or less. While Sponsor will take category preferences into account, Sponsor will classify entrants into one (1) of the following categories (depending on whether entrants are California or New York legal residents) in Sponsor’s sole discretion (each, a “Category”). Sponsor will classify California legal residents who enter this Contest into one (1) of the following three (3) Categories: (1) Fitness & Relaxation; (2) Food & Drink; and (3) Tours & Adventures. Sponsor will classify New York legal residents who enter this Contest into one (1) of the following two (2) Categories: (1) Fitness & Relaxation; and (2) Food & Drink. Sponsor’s decisions as to which Category an entrant fits within are not appealable. Entrants only compete against other entrants in the same Category. Sponsor reserves the right at any time to reclassify any prize as it deems appropriate and reasonable. All Submissions must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules. Submissions can be submitted only during the Contest Period. Limit one (1) entry per person.
See “License” section below for other information about where and how your Submission may be used.
A Submission must be posted and received during the Contest Period and identifiable by and viewable to Sponsor during the Contest Period and at the time of winner selection and prize award for this Contest to be eligible. Sponsor, at its sole discretion, may accept or disqualify a Submission that contains content that is: (i) superfluous to the required content; (ii) exceeds the character limitation for survey answers; or (iii) otherwise violates these Official Rules. Submissions that are not both actually visible and timely received by Sponsor will not be entered into the Contest. For purposes of this Contest, a Submission is “received” when the survey platform records your Survey Submission and it is visible to Sponsor. Sponsor’s database clock will be the official timekeeper for this Contest. Incorrect and/or incomplete Submissions, surveys or interviews received outside the applicable Contest 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 Contest 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 Contest. Participation in this Contest via mobile or text message means that you understand and agree that you may receive push notifications or additional text messages from Sponsor relating to this Contest, including to notify you if you are a potential winner in the Contest 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 Contest Period as described above and in strict accordance with any accompanying instructions and restrictions in the survey platform, video conference platform 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 Contest. 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, 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 of the 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 other web site, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, 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 Contest and complying with applicable laws, regulations and rules. Sponsor may keep all entrant information for up to five (5) years after completion of the Contest for business management and record keeping purposes.
Your Submission, and all elements associated and included with your Submission, must meet the requirements above and meet all of the following requirements in Sponsor’s sole discretion or you and the associated entry may be disqualified, as determined by Sponsor in its sole discretion:
- Free form Survey Submission questions must not exceed 1500 characters each.
- 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 create or imply any association between Sponsor and any individual, entity or anyone else or his, her or its products or services.
- 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 unoriginal to you (unless it is in the public domain) is prohibited.
- 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.
- 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 Contest and agreement to these Official Rules, that his/her entry into this Contest of the Submission, and that any Contest 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 Contest Entity of the Submission in accordance with the rights granted to the Contest Entities in these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Contest 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 Contest Entities, the Contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
Jurisdiction / Governing Law / Exclusive Forum for Disputes
The Site is controlled and operated from within the United States of America. We make no representThe Contest will consist of two (2) rounds of judging. Each eligible Submission will be judged by a panel of judges chosen by Sponsor in its sole discretion (the “Judges”), in two phases based on the following criteria according to the weights indicated.
Each eligible Survey Submission will be judged by the Judges on the following criteria according to the weights indicated: originality (40%); organization and substance of answers (35%); and creativity (25%) (“Survey Submission Criteria”). The fifty (50) Survey Submissions with the highest total scores as determined by the Judges will move on to phase two.
In the event of a tie in the selection of the top fifty (50) Survey Submissions, the tie(s) will be broken in favor of the Survey Submission(s) with the higher score in the originality Survey Submission Criterion. If there is still a tie, the tie(s) will be broken by the Survey Submission(s) with the higher score in the organization and substance of answers Survey Submission Criterion.
Each eligible Interview Submission will be judged by the Judges on the following criteria according to the weights indicated: engagement on video and presence in front of camera (55%); substance of answers (30%); comfort with participating (15%) (“Interview Submission Criteria”). The twenty four (24) Interview Submissions with the highest total scores as determined by the Judges will be designated as the winners.
All Judges’ decisions are final and binding in all matters relating to this Contest. Entrants acknowledge that other entrants may have submitted Submissions that may have familiarities or similarities to his/her Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Sponsor because of these familiarities or similarities.
Within approximately one (1) day after the first round of judging, Sponsor or its designee will attempt to notify the potential top fifty (50) Survey Submission entrants that they have advanced to the video conference interview round of the Contest. Within approximately one (1) day after the second round of judging, Sponsor or its designee will attempt to notify potential winners that they may have won a prize by e-mail or phone (in Sponsor’s sole discretion). If any prize, prize notification, or Contest-related communication is rejected, faulty, or returned as undeliverable, or if a potential winner does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), if a winner cannot attend or participate in any portion of the prize on the dates indicated by Sponsor, or if a winner or potential winner fails to comply with these Official Rules, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than one (1) alternate winner for any reason, in which case the prize may go unawarded. If legitimately claimed, the prize(s) will be awarded. 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. As a condition of entering the Contest, the winner agrees (if requested by Sponsor) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, within three (3) days, or other timeframe specified, of receipt (which may require providing winner’s Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor’s sole discretion. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
TWENTY FOUR (24) PRIZES WILL BE AWARDED, ONE TO EACH WINNER. THE PRIZES ARE DESCRIBED IN MORE DETAIL IN EXHIBIT A TO THESE OFFICIAL RULES AND RANGE IN VALUE FROM $100 - $7,000 USD. THERE WILL BE A TOTAL OF EIGHT (8) DIFFERENT EXPERIENCES FOR CALIFORNIA RESIDENTS (TWO OF EACH EXPERIENCE WILL BE AWARDED AS A PRIZE). THERE WILL BE A TOTAL OF FOUR (4) DIFFERENT EXPERIENCES FOR NEW YORK RESIDENTS (TWO OF EACH EXPERIENCE WILL BE AWARDED AS A PRIZE). EACH PRIZE IS VALID FOR WINNER AND ONE GUEST OF WINNER’S CHOICE (WINNER’S GUEST MUST BE AT LEAST TWENTY-ONE (21) YEARS OF AGE).
Prizes must be redeemed between November 3-20, 2018. Exact prize redemption date will vary by prize and will be determined by Sponsor in its sole discretion. Prize winners agree to make themselves available on the date designated by Sponsor. Sponsor will provide at least five (5) calendar days’ prior notice of the date on which each prize winner must redeem his/her prize. Upon redemption of one Prize element, all other Prize elements must also be redeemed on the same day. Any Prize elements not redeemed within such one day period shall be forfeited by that 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. All fees, costs, taxes, meals, travel, and any other expenses not specified herein are the sole and exclusive responsibility of each prize winner. No transportation (including, without limitation, airfare) is awarded as part of the prize and each 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. Each 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 a winner of his/her tax obligations associated with winning the prize, if any. By participating in this Contest, 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 Contest- or (as applicable) prize-related activity. Each 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, that 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 a 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. Each 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 a winner, a 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.
By entering, except where prohibited by law, each entrant grants to the Contest 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 Contest 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 Contest 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 Contest Entities, each of their licensees, or any other person in connection with this Contest, 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 Contest Entity to use the entry in part or in whole or to include the entry in any Contest Entity-related property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Contest 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 Contest does not place any of the Contest 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 Contest Entity’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, 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 Contest 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE Contest Entities, 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 CONTEST-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, THE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST (IF ANY) RELATED TO ANY CONTEST-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 CONTEST 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 CONTEST ENTITIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE CONTEST ENTITIES, OR FOR THE CONTEST ENTITIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
BY PARTICIPATING IN THE CONTEST, 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.”
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, or Contest-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 Contest-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 survey platform or video conference platform that may interfere with the Contest 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 Contest. Contest Entities are not responsible, and may disqualify you, if your 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 Contest 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.
By entering the Contest (except where prohibited by law), each entrant grants the Contest 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 Contest, 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 Contest. Each participant further agrees to not damage or cause interruption of the Contest and/or prevent others from using the Contest. 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 Contest. 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 Contest-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 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 Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest 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 who enters using the survey platform, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the survey platform 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 will be 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 survey platform or video conference platform will be the responsibility of the registered account holder of the e-mail address submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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.
Except where prohibited by law, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Contest Entity, claims and causes of action arising out of or connected with this Contest, 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 Contest 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 Contest (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 Contest.
Personal Information collected from entrants will be used only for the purposes of administering this Contest 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.
To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: Hyatt Corporation, FIND Experience Contest Winner List, Attn: Head of Loyalty Marketing, 150 North Riverside Plaza, Chicago, IL 60606. For a copy of these Official Rules during the Contest Period, visit https://world.hyatt.com/content/gp/en/landing/find-terms-and-conditions.html, or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: Hyatt Corporation, FIND Experience Contest Official Rules, Attn: Head of Loyalty Marketing, 150 North Riverside Plaza, Chicago, IL 60606. Only one (1) request of either type per outer envelope will be fulfilled.
EXHIBIT A
TO FIND EXPERIENCE CONTEST OFFICIAL RULES
The following table lists eleven of the twelve experiences that will be provided as prizes under the FIND Experience Contest (separated by state where available). The twelfth prize will be disclosed by Sponsor prior to the end of the Contest Period and, at such time, this Exhibit A will be updated. Each experience will be awarded to two prize winners, for a total of twenty-four prizes.
ALL PRIZES/EXPERIENCES WILL BE FILMED. BY ACCEPTING A PRIZE, EACH PRIZE WINNER AGREES TO BE FILMED DURING THE EXPERIENCE AND TO ALLOW CONTEST ENTITIES TO USE THAT FOOTAGE AS OUTLINED IN THE OFFICIAL RULES, AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, AND ANY OTHER DOCUMENTATION PROVIDED BY SPONSOR.
ONLY LEGAL RESIDENTS OF NEW YORK WHO ARE CURRENTLY PHYSICALLY LOCATED IN NEW YORK ARE ELIGIBLE TO WIN PRIZES OFFERED AND TAKING PLACE IN THE STATE OF NEW YORK; ONLY LEGAL RESIDENTS OF CALIFORNIA WHO ARE CURRENTLY PHYSICALLY LOCATED IN CALIFORNIA ARE ELIGIBLE TO WIN PRIZES OFFERED AND TAKING PLACE IN THE STATE OF CALIFORNIA.
CALIFORNIA EXPERIENCES |
ARV/WINNER |
|---|---|
Redwoods Yoga and Mindful Hike |
$450 |
Run Golden Gate Bridge with an Ironman Athlete |
$100 |
Traditional Chinese Archery Lesson |
$180 |
Guided Hike with Ambassador Wolves |
$600 |
Blissful Sonoma Escape: Spa Treatments and Wine Tasting at an Award-Winning Winery |
$895 |
San Francisco Sailing Adventure |
$360 |
Surfing with Executive Chef Pierre Albaladejo |
$7,000 |
Soar Through the Air on a Tandem Paragliding Flight with an Expert Instructor |
$440 |
TOTAL ARV OF CALIFORNIA EXPERIENCES: $20,050
NEW YORK EXPERIENCES |
ARV/WINNER |
|---|---|
Private Muay Thai Lesson |
$300 |
Learn to Make Nigiri and Maki Sushi |
$700 |
Aerial Harness Class with World Class Performers |
$190 |
Private Bonsai Class |
$300 |
TOTAL ARV OF NEW YORK EXPERIENCES: $2,980
TOTAL ARV OF ALL PRIZES: $22,030*
