Omni Parker House
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules.
I. SWEEPSTAKES PERIOD: The Omni Parker House “Win Your Wedding” Sweepstakes (“Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on January 8, 2013 and ends at 11:59:59 p.m. ET December 31, 2013 (“Sweepstakes Period”). The Sweepstakes is sponsored by Omni Parker House Hotels, Boston, MA (the "Sponsor").
II. ELIGIBILITY: Sweepstakes is open to couples wishing to exchange or renew their wedding vows, who are legal residents of the 50 United States and District of Columbia (“D.C.”), and are 18 years of age or older at time of entry (“Participant(s)”). Officers, directors and employees of Omni Boston Corporation, d.b.a. Omni Parker House, each of their respective parent, subsidiary and affiliated organizations or companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively, the "Sweepstakes Entities”), and members of the immediate families (defined for these purposes as including parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void outside the 50 United States and D.C. and where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
III. METHODS OF ENTRY:
An individual will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using at least one (1) of two (2) methods of entry described below:
1.) Wedding Booking Entry Method: Book a wedding celebration in the Omni Parker House “Rooftop Ballroom” (the “Rooftop Ballroom”). A minimum expenditure for the Ballroom wedding event (the “Wedding Event”) is specified in the signed Omni Parker House Letter of Agreement (“Letter of Agreement”). The Wedding Event is required to take place during the year of 2013. Upon completion of signing the Letter of Agreement a Participant will receive one (1) entry into the Sweepstakes. If a Wedding Event booking is cancelled, or an invoice credited prior to the official end date of December 31, 2013, the entry will be excluded from the Sweepstakes Promotion. All existing year 2013 Wedding Events booked prior to January 8, 2013, in the Rooftop Ballroom will be included in this Sweepstakes Promotion.
2.) Mail-in Method of Entry: To enter the Sweepstakes without the booking obligation, hand print on a 3" x 5" card, in black or blue ink, your first name, last name, email address (if available), address, city, state, zip, day and evening phone numbers with area code first, and date of birth. Mail the 3" x 5" card in a hand printed first class stamped envelope to: Omni Parker House “Win Your Wedding” Sweepstakes Box 321, c/o 90 Rockwood Place, Rochester, NY 14610. Each properly completed and received card will receive one entry into the Sweepstakes drawing. All entries must be postmarked by December 31, 2013, and received by January 3, 2014. Sponsor is not responsible for mail that is lost, late, incomplete, invalid, unintelligible, illegible, stolen, damage, or misdirected. Postage due mail entries will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. No photocopies, facsimiles or other mechanically reproduced entries permitted. All entries become the property of the Sponsor and will not be acknowledged or returned.
IV. WINNERS DRAWING, NOTIFICATION AND ODDS:
On or about January 15, 2014, One (1) Grand Prize Winner (“Winner”) will be chosen by a random drawing of all eligible entries received during the applicable Sweepstakes Entry Period by an independent Sweepstakes Administrator, whose decisions are final and binding on all matters relating to the drawings. The potential Winner will be notified by phone or e-mail on or about January 16, 2014. The potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of Sweepstakes Administrator’s first attempted notification of the prize or that potential Winner will be disqualified and an alternate potential Winner will be selected based on the criteria herein. Return of any prize as undeliverable will similarly disqualify a potential Winner and an alternate potential Winner will be selected based on the
criteria herein. Sweepstakes Winners may be featured on Sponsor’s Web Site (www.omnihotels.com). Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period.
V. PRIZE:
One (1) Grand Prize Winner will receive a refund of the “Minimum Expenditure” that is stated in the signed “Omni Parker House Wedding Letter of Agreement”, up to a maximum amount of $25,000.00 (USD).
In Addition: The Grand Prize Winner will participate in a chance-to-win envelope drawing to determine if the Winner will win a $25,000.00 Cash Prize. The Winner is invited to select and remove two (2) envelopes from fifteen (15) sealed envelopes. Two of these 15 envelopes contain a certificate for $25,000.00. The Winner must select both winning envelopes. The winning envelopes will be revealed if the two Winner selected envelopes are not the correct ones.
Total ARV of prize pool is $50,000.
VI. GRAND PRIZE ACCEPTANCE CONDITIONS:
The potential Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The value of the Prize may be taxable as income and the potential Winner is solely responsible for all matters relating to the Prize, including, but not limited to all applicable federal, state and local taxes that become due with respect to the Prize. Prior to taking the Grand Prize, a potential Winner must complete and execute an Affidavit of Eligibility, Publicity/Liability Release (collectively, the “Prize Acceptance Release”) and provide any additional information (such as social security number) that is required by Sponsor and Administrator. Winner will receive an IRS Form 1099 for the value of the prize. The Prize Acceptance Release must be returned within five (5) days of written notification; otherwise status as a potential Grand Prize Winner will be forfeited. Falsification of information on forms completed by Winner will be grounds for ineligibility and/or status/prize forfeiture. Parents or legal guardians of a winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Prize Acceptance Release in order for the Grand Prize Winner to be qualified to receive their prize. The Prize Acceptance Release is subject to verification by the Sponsor. Restrictions, conditions and limitations may apply to the Prize. The wedding event must be completed by December 31, 2013 or prize will be forfeited.
The Sweepstakes prize offered by Sponsor is: (i) Nontransferable and non-refundable and must be accepted as awarded; (ii) The Sweepstakes Entities make no warranty, guarantee or representation of any kind concerning any prize; and disclaim any implied warranty; (iii) No substitution of prize is offered, no transfer of prize to a third party is permitted and any non-cash parts of the prize are not redeemable for cash value, except as determined by Sponsor in its sole discretion, to substitute a prize or prize component with another item of comparable or greater value; (iv) Sponsor reserves the right to award a prize of equal or greater value in the event that any of the published prizes become unavailable; (v) Any difference between the stated value of a prize and the actual value of prize as appears in the “Omni Parker House Wedding Letter of Agreement” will not be awarded; (vi) Upon forfeiture for any reason stated in these Official Rules, no compensation will be given except at the sole discretion of Sponsor; (vii) Unclaimed or undeliverable prizes will not be awarded after Six (6) months of Notification Date; (viii) The Winner’s Entry and acceptance of the prizes offered constitutes permission for the Sponsor to use all materials created subsequent to entry, including any photo-shoot photographs, recordings, video tape footage, promotional activity, publicity and other materials documenting Winner events, including the image and/or voice of Winner, and all rights title and interest thereto, including copyrights and derivative works, and concepts or ideas depicted therein, become the sole property of Sponsor and may be used, at the sole discretion of Sponsor (without obligation) together with any Winner’s name, image, photograph, likeness, voice or hometown name, by Sponsor for any purpose and in any media whatsoever, without limitation, including print, collateral materials, product packaging, audio recordings/film/TV/video, outdoor advertising and the Internet, without compensation or review.
VII. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of this termination date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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.
VIII. RELEASES: Except where prohibited by law, acceptance of a prize constitutes Winner’s agreement to waive, release and hold harmless Omni Parker House, Inc., Compliance Sweepstakes Services LLC, and each of their parents, affiliates, subsidiary companies and advertising and promotion agencies, and the officers, directors, employees and agents of each of them (collectively (“Released Parties”) from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising in any way from or in connection with their participation in this Sweepstakes, any Sweepstakes-related activity, the acceptance, possession or use or misuse of any prize, the Released Parties’ reliance upon winner’s compliance with these Official Rules, or winner’s participation in prize related activities, and further constitutes winner’s agreement that the Released Parties may use winner’s name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.
IX. GOVERNING LAW/DISPUTES:
The Grand Prize Winner agrees that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Sweepstakes shall be resolved, upon the election by either the entrant or Sponsor, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless both the Participant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between Sponsor and the entrant alone, and the arbitrator's authority to make awards is limited to awards to Sponsor and the entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by
that party's individual claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.
If arbitration is not used to resolve a Claim, the entrant AGREES THAT THERE WILL NOT BE A JURY TRIAL. ENTRANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Participant agrees that this Sweepstakes shall be subject to and governed by the laws of the Commonwealth of Massachusetts, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in Boston, Massachusetts.
X. WINNERS LIST/OFFICIAL RULES REQUEST: For the names of the winners or a copy of the Official Rules, send a self-addressed, stamped legal size envelope after December 31, 2013 and no later than February 11, 2013 to: Compliance/ Omni Parker House “Win Your Wedding Sweepstakes” Winners List, 106 Elm St, Stonington, CT 06378.
XI. SPONSOR: Omni Boston Corporation, d.b.a. Omni Parker House, 60 School Street, Boston, MA 02198
XII. SWEEPSTAKES ADMINISTRATOR: Compliance Sweepstakes Services LLC, PO Box 468, Stonington, CT 06378.