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MANDARIN ORIENTAL, LAS VEGAS “@MO_LASVEGAS ERIC CHURCH PHOTO CONTEST”
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR OPPORTUNITY OF WINNING. VOID WHERE PROHIBITED. BY SUBMITTING AN ENTRY (AS DEFINED BELOW), YOU ACKNOWLEDGE AND AGREE THAT YOUR ENTRY (OR ANY PART THEREOF) MAY BE INCLUDED IN SPONSOR'S COMMERCIAL MATERIALS INCLUDING, BUT NOT LIMITED TO, ON MANDARIN ORIENTAL, LAS VEGAS’ WEBSITE OR ON SOCIAL MEDIA PLATFORMS.
The Mandarin Oriental, Las Vegas “@MO_LAS VEGAS ERIC CHURCH PHOTO CONTEST” (“Contest”) starts at 9:00:01 a.m. Pacific Time (PT) on Friday, March 18, 2016 and ends at 5:00:01 p.m. PT on Friday, March 25, 2016 (collectively, the “Entry Period”). The sponsor of this Contest is Mandarin Oriental, Las Vegas, 3752 S Las Vegas Blvd., Las Vegas, Nevada, 89158 (“Sponsor”). The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by these Official Rules and Sponsor’s decisions which, subject to Nevada Revised Statute (“NRS”) 463.362, are final and binding in all matters related to the Contest. Certain restrictions may apply. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or Facebook. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Contest, each entrant waives, discharges and releases Twitter, Instagram and Facebook from any and all liability associated with the Contest. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not to Twitter, Instagram or Facebook.
ELIGIBILITY: You must be a legal resident of the 50 United States or the District of Columbia and be twenty-one (21) years of age or older at the time of entry to be eligible to participate in the Contest or win a prize. Employees, officers and directors of Sponsor and Mandarin Oriental Hotel Group and each of their respective parent companies, subsidiaries and affiliates, and the immediate family members (spouse, parents, siblings, and children (including steps of each) and each of their respective spouses, children and siblings) of each of the above and those living in the household of same are ineligible to participate or win in this Contest. All applicable federal, state and local laws and
regulations apply. Contest is void outside the 50 United States and the District of Columbia and wherever prohibited or restricted by law.
HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN. To enter the Contest, you must (i) have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com, with such account in good
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standing; (ii) follow @MO_LASVEGAS on Instagram; and (iii) upload a photo on Instagram of an experience where music made a moment even more memorable, whether it be a first dance, your favorite concert, or a special vacation (each photo is a
“Submission”) and include the tag @MO_LASVEGAS with the Hashtag #DestinationSound (each Submission together with the tag, hashtag and other
information that you submit/provide is your “Entry” into the Contest). All Entries must be received by Sponsor during the Entry Period and no later than 5:00:01 p.m. PT on March 25, 2016.
Each entrant is limited to one (1) Entry per day during the Entry Period. Each entrant must use the same Instagram account for each of his/her Entries during the Contest. Limit one (1) Submission per Entry. By submitting an Entry via Instagram as set forth herein, each entrant consents to receive from the Sponsor an Instagram comment to the
Submission you submitted (though Sponsor is under no obligation to send such comment) and, if applicable, a direct message via Instagram notifying such entrant that he/she is the potential prize winner. Entries posted by a private Instagram account will not be
recognized. An entrant will be required to have a public account in order for his/her Entry to be eligible. For purposes of this Contest, a day is defined as beginning at 12:00:01 AM PT and ending immediately before the start of the next day. Duplicate Entries or multiple Entries made by an entrant in excess of the number allowed are ineligible and will be disqualified. Sponsor’s computer is the official time-keeping device for the Contest. Sponsor is not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit or interfere with a participant's ability to take part in the Contest. In addition, Sponsor shall not be responsible for any damage to any computer, other electronic device or other property resulting from, participating in, or downloading any materials for, this Contest. Each Entry shall be deemed to have been submitted by the authorized account holder, at the time of such entry, of the relevant Instagram account. Entries which are late, lost, stolen, mutilated, tampered with, illegible, incomplete, mechanically reproduced, inaccurate, forged, irregular in any way or
otherwise not in compliance with these Official Rules will be disqualified. Entries will not be returned and Sponsor reserves the right to dispose of such Entries in its sole
discretion. Once submitted, an Entry cannot be deleted, cancelled or modified by entrant. Important Note About Data and Message Charges: Normal Internet access and usage charges imposed by your online service (if any) will apply. Submitting your Entry (and sending or receiving Instagram messages) via your wireless mobile device (which may only be available via participating wireless carriers) are subject to standard messaging rates/charges, data charges, and other airtime and carrier charges according to the terms and conditions of your service agreement with your wireless carrier. You understand that by participating in the Contest, if you are a potential winner, the Sponsor may contact you via mobile device, which will be subject to the charges pursuant to your carrier's rate plan. It is your sole responsibility to notify the Sponsor in writing if you change your Instagram account.
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Sponsor reserves the right to monitor Entries prior to (and/or after) posting them on Sponsor's social media platforms. By entering this Contest, each entrant acknowledges that his/her Entry may be posted at Sponsor's website or social media platforms,
including but not limited to Twitter, Instagram, or Facebook in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry submitted by any entrant. The use of an Entry by Sponsor (or any other party pursuant to these Official Rules) does not have any effect on the judging process or winner selection process. Entries posted are the views/opinions of the individual entrant and do not reflect the views/opinions of Sponsor in any manner.
By submitting an Entry, entrant agrees to abide by the terms of these Official Rules, the decisions of the Sponsor and Mandarin Oriental Hotel Group, and the Sponsor's Privacy Policy available at http://www.mandarinoriental.com/privacy-policy/, and Instagram Privacy Policy and Terms of Use.
ENTRY/SUBMISSION REQUIREMENTS: Each Entry/Submission must be related to the theme set forth herein. Each Submission must, subject to the requirements herein, include music as a related theme. Each Submission may be in color or black and white, and is subject to any format, type and/or size restrictions set forth in the advertising for the Contest. Entrant must have been the photographer of each Submission that he/she submits. Each Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means. By participating in the Contest and submitting your Entry/Submission as set forth herein, you agree that it conforms to the submission content restrictions as listed herein (as well as all applicable guidelines, policies, requirements and conditions of the social media platform (i.e., Instagram) through which you submitted your Submission) and that Sponsor, may disqualify you from the Contest if it believes, in its sole discretion, that your Entry/Submission fails to conform to submission content restrictions and/or other restrictions/requirements set forth herein.
Content Restrictions:
• Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or any other intellectual property rights; • You must be the owner of the copyrights in the Submission, or have the
necessary rights to allow Sponsor to use the Submission as set forth in these Official Rules;
• Must not disparage Sponsor or any other person or party affiliated with the Contest and/or administration of the Contest;
• Must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate into his/her Entry/Submission for the Contest only;
• Must be the original work solely of entrant;
• Must not be inappropriate, indecent, obscene hateful, tortious, untruthful, inaccurate, defamatory, slanderous or libelous;
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• Must not promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
• Must not feature celebrities or animated characters;
• Must nor promote irresponsible or excessive consumption of alcohol; promote illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
• Must not contain any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
• Must not communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
• Must not contain material that is (or which Sponsor reasonably believes may be) unlawful, in violation of or contrary to applicable laws, regulations and industry guidelines.
Submitting a Submission to participate in the Contest constitutes entrant’s agreement to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license (with the right to sublicense on a royalty-free basis, without entrant’s separate consent, to third parties including, but not limited to, Mandarin Oriental Hotel Group) to use, reproduce, modify, publish, create derivative works from, and publicly display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes including, but not limited to, marketing purposes related to the Contest and/or to Sponsor’s goods and services. If requested, entrant will sign any documentation (if any) that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission (and/or that may be requested to confirm such use).
In addition, each entrant forever waives in favor of Sponsor all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant's permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting your Entry, you warrant and represent that your Entry is original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or
infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void.
WINNER SELECTION: On or about March 25, 2016, one (1) Grand Prize winner will be chosen by the judges from among the eligible entries received based on the following criteria: (i) most clever (1/3), (ii) most creative (1/3), and (iii) most unique (1/3). The entrant with the Submission with the highest scores (based on this criteria) will be
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designated as the potential winner. The judges will be selected by the Sponsor and may include representatives of Sponsor. Potential winner will be promptly notified via Instagram about his/her selection as a potential winner and may (in Sponsor’s discretion) be required to sign and return an affidavit of eligibility and liability/publicity release (as directed by Sponsor) in order to receive the prize. In the case of a tie for any prize, the judges will break the tie based on the overall creativity of the tied Submissions. In the event that a selected potential winner does not qualify or is not willing to accept the prize, the entrant with the next highest score will be selected as the alternate winner of that prize. All decisions of Sponsor are final and binding. Odds of winning a prize depend upon the quality of the Submissions.
PRIZE: One (1) Grand Prize winner will receive the Grand Prize which consists of one (1) Night Stay in a Strip View King Room at Mandarin Oriental, Las Vegas for winner and a guest and a Two VIP Tickets to Eric Church. The approximate retail value ("ARV") of Grand Prize: $700. The total ARV of all prizes: $700. No substitution, assignment, or transfer of any prize permitted. Prize winner may not choose the cash value in lieu of a prize. In the event the advertised prize is unavailable for any reason, Sponsor reserves the right, at its sole discretion, to substitute a prize of equal or greater retail value. Any difference between stated ARV and actual value will not be awarded. The ARV of the prize set forth above represents Sponsor's good faith determination of the actual value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. Prize winner may be required to provide Sponsor with his/her social security number for tax purposes.
Prize winner will not be deemed a prize winner until his/her submission of notification materials is verified, as required by Sponsor. The prize will be awarded provided it is properly claimed. No more than one (1) prize as stated in these Official Rules will be awarded. In the event more prize winner notifications are issued, or more prize winning claims are received than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, only the entrant with the highest score will be awarded the prize as set forth in these Official Rules.
If applicable, prize elements subject to terms and conditions set forth in applicable prize certificate. Air transportation to/from Las Vegas not included. Note: All meals, gratuities, excursions, incidentals, travel to Las Vegas, additional ground transportation in Las Vegas and any other expenses not specified herein as being awarded are the sole responsibility of the prize winner and his/her guest. Winner will be required to provide a
valid major credit card upon checking-in to cover any incidental expenses. All elements of
prize are subject to availability, certain restrictions and black out dates apply. All elements of prize must be used by April 2, 2016 and during the same stay. No changes may be made to prize details once any portion of arrangements has been made. Sponsor is not responsible for changes in schedule of any element of the prize. No substitution or cash equivalent of prize granted except at Sponsor's sole option. Sponsor may substitute a prize (or prize element), for any reason, with a prize (or prize element) of comparable or greater retail value. No prize transfers permitted. PRIZE IS AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.
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NOTIFICATION OF WINNER: The potential Grand Prize winner will be notified by email and/or telephone on or about March 25, 2016. If the potential prize winner cannot be reached after up to two attempts, does not respond by the stated deadline set forth in the notification or does not accept the prize per the Official Rules, then the eligible entrant whose Submission had the next highest score in accordance with these Official Rules will be notified (and the previously selected potential winner will forfeit the prize), all in the sole discretion of Sponsor. Time permitting, subsequent eligible entries will be selected as provided for above until an eligible prize winner is reached and such eligible prize winner has submitted and returned all necessary documents (if any) as provided for herein, unless Sponsor determines otherwise in its sole discretion. Sponsor will use reasonable efforts to award the prize to an alternate winner (if necessary), but reserves the right to not award the prize after multiple efforts to identify an alternate winner (if any) who accepts the prize. In Sponsor’s sole discretion, a selected winner may forfeit the prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if a selected winner (i) is unreachable or does not timely respond to Sponsor, (ii) declines or cannot accept, receive or use a prize for any reason, or (iii) does not comply with these Official Rules. Potential winner must show valid state issued driver's license or other identification (subject to Sponsor’s approval) as evidence of identity. Winner is solely responsible for reporting and payment of all federal, state, and local taxes (if any) and fees associated with receipt and/or use of prize.
AFFIDAVIT OF ELIGIBILITY, LIABILITY RELEASE AND PUBLICITY
RELEASE: Potential winner may (in Sponsor’s sole discretion) be required to complete, execute and send back to Mandarin Oriental, Las Vegas, PR Department an affidavit of eligibility, a liability release, an IRS W-9 form (if applicable) and (except where
prohibited) a publicity release as directed by Sponsor or an alternate winner may be selected. These documents will be sent out to the potential winner by email (or other means) with instructions as to how to return them to Sponsor. In addition, prize winner’s guest must be twenty-one (21) years of age or older at the time of winner notification and may (in Sponsor’s sole discretion) be required to execute and return a release of liability as directed. Upon receiving a winner’s response to Sponsor’s winner notification and, if applicable, upon Sponsor receiving and approving the required documents described above, the applicable prize will be awarded to selected winner. Failure to comply with these rules will cause the prize to be forfeited.
RELEASE AND LIMITATION OF LIABILITY: BY ENTERING THIS CONTEST, EACH PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR AND MANDARIN ORIENTAL HOTEL GROUP, AND EACH OF THEIR
RESPECTIVE PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS,
DIRECTORS AND SHAREHOLDERS, ADVERTISING AND PROMOTION
AGENCIES, CONSULTANTS AND ANY OTHER COMPANIES PARTICIPATING IN THE CONTEST, ADMINISTRATION OR FULFILLMENT OF THIS CONTEST (COLLECTIVELY THE “RELEASEES”) AS WELL AS INSTAGRAM, TWITTER
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AND FACEBOOK FROM ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO OR ARISING OUT OF THIS CONTEST (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE CONTEST) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY OF THE PRIZES AWARDED, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY. Releasees and Facebook, Twitter and Instagram shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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 other cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.
Releasees are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process of the Contest; (iv) technical or human error which may occur in the
administration of the Contest or the processing of entries; (v) late, lost, undeliverable, damaged or stolen entries or notices; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s
participation in the Contest or receipt or use or misuse of any prize.
GENERAL: If for any reason this Contest is not capable of running as planned, or if this Contest, any Instagram account or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof, and, in such situation, to select the winner from among the remaining eligible non-suspect entries received prior to and/or after such action in accordance with the judging criteria set forth herein, or in such manner as deemed fair and appropriate by Sponsor in its sole
discretion. No more than the stated number of prizes will be awarded. If such
cancellation, termination, modification, or suspension occurs, notification will be posted on Sponsor’s Facebook page and/or Sponsor’s Instagram account. ANY ATTEMPT BY
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AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR SOCIAL MEDIA PAGE, ACCOUNT OR PLATFORM, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: Except where prohibited, entrant agrees that: (i) any and all disputes, claims and cause of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively under NRS 463.362; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Nevada without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. By entering (or participating in any Contest-related activity), entrants (and others) consent to the jurisdiction and venue of federal, state and local courts located in Clark County, Nevada.
ENTRANT’S PERSONAL INFORMATION: By submitting an Entry, you acknowledge and agree that information collected from you by Sponsor is subject to Sponsor’s privacy policy available at http://www.mandarinoriental.com/privacy-policy/. Such information is collected by Sponsor (and/or its designee), and is not collected by Instagram, Twitter or Facebook.
OFFICIAL RULES: For a copy of these rules send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to Mandarin Oriental, Las Vegas, Attn: Public Relations – Eric Church Photo Contest Rules, 3752 Las Vegas Blvd., NV 89158. All requests for the Official Rules must be received by April 30, 2016.
WINNER LIST: The Prize Winner's name may be obtained by sending a self-addressed stamped envelope to Mandarin Oriental, Las Vegas, Attn: Public Relations – Eric Church Photo Contest Rules, 3752 Las Vegas Blvd., NV 89158. All requests for the Official Rules must be received by April 30, 2016.
