Official Rules for the SuperHero Showcase
FAIRMONT KEA LANI SUPERHERO SHOWCASE CONTEST
NO PURCHASE OR SALES PRESENTATION NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
BY ENTERING THE 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 FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SPONSOR: The sponsor of the Fairmont Kea Lani SuperHero Showcase Contest (“Contest”) is the Fairmont Kea Lani, Maui, 4100 Wailea Alanui Drive, Wailea, Hawaii 96753 (“Sponsor”).
ADMINISTRATOR: The administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (“Administrator”).
ELIGIBILITY: An “Entrant” (the individual who nominates someone) must be a legal resident of one (1) of the fifty (50) United States or the District of Columbia and at least eighteen (18) years old or the age of majority in their state/jurisdiction of residence (i.e., 19 in Alabama and Nebraska, 21 in Mississippi) at the time of entry. A “Nominee” must be a legal resident of one (1) of the fifty (50) United States or the District of Columbia and at least eighteen (18) years old or the age of majority in their state/jurisdiction of residence (i.e., 19 in Alabama and Nebraska, 21 in Mississippi) at the time of nomination. Current Fairmont Kea Lani employees (each a “Heartist of Fairmont Kea Lani” in the Sponsor’s marketing parlance) are eligible to participate as an Entrant or Nominee. Entrants may not nominate themselves. Nominee must be one (1) individual person and may not be a group of people, an organization or a company. Only eligible Nominees will be eligible to win a prize. Contest may only be entered from and in eligible jurisdictions. Officers, directors, and employees of Sponsor’s parents, subsidiaries and affiliated companies including but not limited to Accor SA and AccorGroup, Administrator, prize providers including but not limited to Hawaiian Airlines and Maui Visitors Bureau, each of their respective parents, subsidiaries and affiliated companies, agents and suppliers (collectively, the “Contest Entities”), and the immediate family (spouse, parents, siblings and children) and household members of each such person are not eligible to be an Entrant or to win any prize. Administrator may request any potential prize winner to provide proof that such person is eligible to be a prize winner. All potential prize winners are subject to verification before any prize will be awarded. By participating in the Contest, Entrant fully and unconditionally agrees and accepts these official rules (“Official Rules”) and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
CONTEST PERIOD: Contest will begin at 12:00:00 AM Hawaii-Aleutian Standard Time (“HST”) on March 15, 2021 and end at 11:59:59 PM HST on April 15, 2021 (“Contest Period”). Contest Application computer is the official time keeping device of the Contest.
HOW TO NOMINATE YOUR PERSONAL SUPERHERO: To submit a nomination during the Contest Period, visit the website at https://www.fairmont-kea-lani.com/superhero-showcase/ to access the Contest Application and follow the online instructions to complete the nomination form and check the box indicating that you have read and agree to these Official Rules. Entrants will be required to provide their full name, phone number, email address, street address including city, state and ZIP code of residence, the the full name of your SuperHero/Nominee, select one (1) of the four (4) SuperHero locations from the dropdown box (indicating if your SuperHero is located in the Island of Maui, State of Hawai’i (excluding the Island of Maui), U.S. Mainland (50 U.S./D.C., excluding Hawai’i), or is a Kea Lani Heartist (current Fairmont Kea Lani colleague/employee), a description in 2,000 words or less of what makes the Nominee their personal SuperHero, and upload a digital photo (in JPEG, GIF, PNG or TIFF format, no larger than 10MB in size) of the Nominee (an “Entry” or “Entries”). Your Entry must be in English or else will not be eligible. Entries submitted via any other method will not be accepted or entered. All Entries become the property of Sponsor and will not be acknowledged or returned. Automated, script, macro or robotic Entries submitted will be disqualified. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules (in Sponsor or Administrator’s absolute determination) will be disqualified. Sponsor may, but without obligation, choose to display Entries at Sponsor’s websites or blogs, or social media platforms, including but not limited to, Twitter, Instagram or Facebook, in whole or in part, as determined by Sponsor in its sole discretion. The use of an Entry by Sponsor does not have any effect on the winner selection process. By submitting an Entry, you warrant and represent that your Entry is original and was created solely by you and has not been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends or family) through any means, 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, an 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 the Official Rules, the Sponsor may disqualify that Entry. By entering the Contest, each Entrant agrees to the posting of such Entrant’s name, city/state of residence, and Entry, in whole or in part, on the Contest Application, Sponsor’s websites and/or on Sponsor’s social media platforms, including but not limited to Twitter, Instagram, and Facebook. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and Entrants shall release and hold Contest Entities harmless from same.
CLOSING DATE TO SUBMIT ENTRIES IS 11:59:59 PM HST ON APRIL 15, 2021. There is no limit on the number of Entries an Entrant can submit during the Contest Period; however, each Nominee must be different. Should multiple users of the same email account submit an Entry and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said email account at the time of Entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Entrants may not participate with multiple email addresses nor may Entrants use any other device or artifice to participate multiple times or as multiple Entrants. Any Entrant who attempts to participate with multiple email addresses under multiple identities or uses any device or artifice to participate multiple times will be disqualified and may forfeit any prize won, in Sponsor’s discretion. Each potential prize winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of Entrants in its sole discretion. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Entrants entering with a mobile device: Contest may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
Entry should only contain images and likenesses (including locations) for which the Entrant has legal and valid right, permissions, and license. If an Entry includes graphic content, then the graphic content must be provided by a copyright/loyalty free library OR be created and owned by the Entrant. Photos that contains identifiable images of any person other than the Entrant or the Nominee or that contain any materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, influencers and celebrities, athletes, musicians, and/or other public or private figures, living or dead, without consent of usage, or otherwise infringes upon the intellectual property rights or defames or invades the publicity or privacy rights of any third party, living or deceased, will be void and disqualify the Entrant, Entry, and Nominee. Entries that include trademarks, logos or trade dress (such as distinctive packaging) owned by others (other than those owned by the Sponsor) may be eligible, but may not be used or displayed, in whole or in part, by Sponsor or Contest Entities. Submissions featuring content that is obscene, profane, lewd, defamatory, disparaging or inappropriate, or subject matter related to pornography, the promotion of alcohol, tobacco, or illegal drugs, firearms or other weapons, any unlawful activity, abusive or hateful content of any kind (including bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, sexual orientation, gender (including gender identity and reassignment), pregnancy, disability, marital status, or nationality), images or activities that are dangerous, unsafe, illegal, cruel, or present unreasonable risk of harm to persons, animals or property, promote a political or religious agenda, that offend generally accepted standards of public decency and respect for others, or communicate a message or image inconsistent with the positive images and/or good will to which the Sponsor wishes to be associated, as determined by the Sponsor in its sole discretion, will be void and disqualify the Entrant, Entry, and Nominee. Entry should reflect the views/opinions of the individual Entrant, but must not contain content that is, appears to be, or is shown to be false, inaccurate or misleading.
Intellectual Property Rights: By participating in the Contest each Entrant grants the Contest Entities a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, not use, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant’s name and city/state of residence), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of the Contest Entities and each of their respective brands and/or products and services in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever agrees not to assert 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.
JUDGING CRITERIA AND WINNER DETERMINATION: After the Contest Period, subject to moderator review, all eligible Entries received will be judged by a panel of Sponsor representatives (“Judges”), based on the following criteria (“Judging Criteria”):
- Originality and Creativity of Entry (40%)
- How well the Entrant explains how the Nominee is their personal SuperHero (40%)
- Overall Quality (20%)
Entries will then be sorted into the following four (4) categories (each a “Category”). The Nominee listed on the highest scoring Entry in each Category based on the Judging Criteria detailed above will be deemed a potential prize winner, subject to verification of the Entrant and the Nominee’s eligibility, for a total of four (4) potential prize winners.
|Category||Number of potential prize winners|
|Entries with Nominees that reside on the Island of Maui||1|
|Entries with Nominees that reside in the State of Hawai’i (excluding the Island of Maui)||1|
|Entries with Nominees that reside in the U.S. Mainland (50 U.S./D.C., excluding Hawai’i)||1|
|Entries with Nominees that are Heartists of Fairmont Kea Lani (current Fairmont Kea Lani colleagues/employees)||1|
In the event of a tie, tied Entries will be re-judged by the Judges based on “How well the Entrant explains how the Nominee is their personal SuperHero” (100%). Sponsor reserves the right to select fewer than four (4) potential prize winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries in each Category. No information regarding judging will be disclosed to any third party not involved in the conduct of the Contest and scores will not be released or made public at any time. Display of an Entry on the Contest Application, Sponsor’s websites, on any social media platforms or otherwise (or decision not to display an Entry) does not indicate or imply its eligibility for, or standing or score in this Contest.
NOTIFICATION OF WINNERS: Administrator will contact both the Entrants and Nominees associated with the potential prize-winning Entries via email on or around April 30, 2021 and each will be required to digitally and securely sign a Declaration of Compliance, Liability Waiver and Publicity Release (where legal) and, as applicable, an Assignment of Rights (collectively, “Declaration”) within five (5) business days after delivery of the Declaration. The Declaration will require each Entrant and Nominee associated with the potential prize-winning Entry, among other things, to assign to Sponsor all of their ownership rights in and to the Entry and all content therein, or else prize will be forfeited. If an Entrant or Nominee associated with a potential prize-winning Entry does not return the Declaration or provide all required information within the time period specified by Sponsor, or if a Declaration is returned undeliverable, or in the event that a potential prize-winning Nominee declines the prize, is or is later found ineligible for any reason or has not complied with or is in violation of these Official Rules, Sponsor will have the right to disqualify such potential prize-winning Nominee, forfeit their prize or rescind the prize offer. All prizes will be awarded provided they are properly claimed and both Entrant and Nominee have returned their Declarations. Administrator will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Administrator (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Administrator in a timely manner may result in disqualification and prize forfeiture. A potential prize-winning Nominee is not a prize winner unless and until such Nominee’s eligibility has been verified and the Nominee has been notified that verification is complete and all required documentation fully and accurately executed.
Potential prize-winning Nominees/Entrants are restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating that they have been contacted or are a potential prize-winning Nominee or prize winner until Administrator has fully verified eligibility and Administrator has notified potential prize-winning Nominee in writing that he or she has been approved to communicate their prize winner status. Any violation of the foregoing sentence may disqualify such potential prize-winning Nominee from receiving any potential prize.
PRIZES WILL ONLY BE AWARDED TO NOMINEE; ENTRANTS DO NOT HAVE THE OPPORTUNITY TO WIN A PRIZE. LIMIT ONE (1) PRIZE PER HOUSEHOLD.
NOMINEE PRIZING: Provided there are a sufficient number of eligible Entries received in each Category, a total of four (4) prizes will be awarded, as follows:
One (1) Island of Maui Nominee Prize: Prize will consist of a trip for prize winner and one (1) guest including 30,000 Hawaiian Airlines HawaiianMiles, one (1) 2-night stay (ocean view double occupancy suite accommodations) at the Fairmont Kea Lani including breakfast daily for two (2) persons, use of one (1) poolside cabana for one (1) day, and dinner for two (2) at Kō Restaurant valued at up to $250. ARV: up to $4,100.
One (1) State of Hawai’i (excluding Island of Maui) Nominee Prize: Prize will consist of a trip for prize winner and one (1) guest including 30,000 Hawaiian Airlines HawaiianMiles, one (1) 2-night stay (ocean view double occupancy suite accommodations) at the Fairmont Kea Lani including breakfast daily for two (2) persons, use of one (1) poolside cabana for one (1) day, and dinner for two (2) at Kō Restaurant valued at up to $250. ARV: up to $4,100.
One (1) U.S. Mainland (50 U.S./D.C. excluding Hawai’i) Nominee Prize: Prize will consist of a trip for prize winner and one (1) guest including Hawaiian Airlines HawaiianMiles (80,000 HawaiianMiles redeemable for two (2) U.S. West Coast to Hawai’i round-trip award tickets or 120,000 HawaiianMiles redeemable for two (2) U.S. East Coast to Hawai’i round-trip award tickets to be determined by Sponsor based upon the Hawaiian Airlines gateway airport nearest prize winner’s residence), one (1) 2-night stay (ocean view double occupancy suite accommodations) at the Fairmont Kea Lani including breakfast daily for two (2) persons, use of one (1) poolside cabana for one (1) day, and dinner for two (2) at Kō Restaurant valued at up to $250. ARV: up to $6,726.
One (1) Heartist of Fairmont Kea Lani Nominee Prize: Prize will consist of a trip for prize winner and one (1) guest including 30,000 Hawaiian Airlines HawaiianMiles, one (1) 2-night stay (Fairmont Gold Floor, double occupancy accommodations) at the Fairmont Orchid including breakfast daily for two (2) persons, use of one (1) poolside cabana for one (1) day, and dinner for two (2) at Brown’s Beach House Restaurant valued at up to $250. ARV: up to $4,000.
The total approximate retail value (“ARV”) of all prizes is up to $18,926. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor as detailed in the passenger ticket contract. Hawaiian Airlines operates flights out of select major domestic airports (“Hawaiian Airlines gateway airports”); prize winners will be responsible for all necessary travel to a Hawaiian Airlines gateway airport. Hawaiian Airlines will deposit the miles directly into prize winner’s HawaiianMiles account. Prize winners must establish a free Hawaiian Airlines HawaiianMiles account if he or she does not already have such an account. HawaiianMiles accounts are free and easy to open, but the account and use of the HawaiianMiles are subject to the program’s terms and conditions: HawaiianAirlines.com/legal/hawaiianmiles-terms-and-conditions. Miles will be fulfilled within approximately 8-10 weeks after winner confirmation and winner opening a HawaiianMiles account. If winner fails to redeem miles or earn additional miles for eighteen (18) consecutive months, Sponsor will expire the miles accrued on prize winner’s HawaiianMiles account. Each prize winner will be solely responsible for any and all ground transportation, gasoline, tolls, parking, meals and beverages not specified as part of the prize, and any and all in-room charges (e.g., mini-bar, room service, laundry service, telephone, internet and movies), sightseeing excursions, gratuities, travel upgrades, travel insurance, baggage fees, passenger tariffs or duties, airline fees, surcharges, airport fees, services charges or facility charges, security fees, transfers, personal incidentals, souvenirs, and any other expenses associated with the acceptance and use of the prize. Each prize winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined at Sponsor’s sole discretion, upon check-in, and all in-room charges, meals, beverages, upgrades, amenities, personal incidentals and any other expenses charged to such prize winner’s room will be charged to that major valid credit card or deducted from the deposit provided. Guests must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the corresponding winner. Guests must execute liability waiver/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Prize winners must make their bookings by December 18, 2022 or their prize will be forfeited. Bookings are subject to availability and blackout dates may apply. All travel must be completed by December 20, 2022 or the prize will be forfeited. In the event that a component of a prize is not available, for whatever reason, then the remaining elements of the prize shall constitute full satisfaction of Sponsor’s obligation to the prize winner and no additional compensation will be awarded. Prize winner will be solely responsible for any federal, state and local taxes on the prize. Prize winner and his/her guest must possess valid government-issued travel documents at the time of travel. If either a prize winner or his/her guest cannot fully enjoy the prize due to infirmity or illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award or any part thereof. Each prize winner and his/her guest must obey all local laws and regulations while on the trip and act in a manner that is safe and respectful of the Sponsor and Sponsor’s other guests. Should a prize winner or his/her guest, while on the trip, violate the terms of the passenger ticket contract, Sponsor shall have the right, in its sole discretion, to modify, cancel or suspend the trip or any portion thereof without notice and without any compensation being paid to the prize winner or prize winner’s guest. Sponsor accepts no responsibility for any additional expenses, omissions, delays, rerouting or acts of any government or authority. Sponsor is not responsible for any fees or additional charges resulting from any changes to itinerary or accommodations made by a prize winner and/or his/her guest. All travel is subject to any and all advisories, restrictions or requirements instituted by the U.S. Department of Defense, the U.S. Department of Homeland Security and/or the U.S. Centers of Disease Control and Prevention, as required, including but not limited to passing one (1) or more COVID-19 antigen and screening tests and testing negative for COVID-19 and executing any assumption of risk or other documents relating to COVID-19. The ARV of the advertised prizes set forth above represents Sponsor’s good-faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event that the stated ARV of a prize is more than the actual fair market value of such prize, the difference will not be awarded in cash or otherwise. The ARV of each prize may vary based on itinerary.
All prizes will be awarded provided a sufficient number of Entries are received for each Category. Prizes are non-transferable, not redeemable for cash, non-negotiable, non-refundable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Resale of any element of the prizes is prohibited. A prize is not eligible/combinable with any promotions or offers from the Contest Entities. No more than the stated number of prizes will be awarded.
Taxes: Any valuation of the prizes stated above is based on available information provided to Administrator and the value of any prize awarded to a prize winner will be reported for tax purposes as required by law. Each prize winner must provide Administrator with a valid taxpayer identification number or social security number (as applicable) before any prize will be awarded. A Form 1099 will be issued to the prize winner for value of prize $600 or more. The prize winners are solely responsible for reporting and paying any and all applicable taxes.
PUBLICITY: Except where prohibited by law, participation in the Contest constitutes your consent to Contest Entities to use your name, likeness, biographical information (city and state of residence), and Entry for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.
ERRORS AND UNAUTHORIZED ACTIVITIES: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including without limitation, fraud, pandemics or epidemics, virus or other technical problem, or any other reason beyond the control of Contest Entities, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or terminate the Contest and, if feasible, award the prizes from among all eligible Entries received up to the time of the impairment based on the judging criteria listed above. Contest Entities reserve the right to modify prize award procedures. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE: Subject to any applicable laws, by participating in the Contest or winning a prize, you agree to release the Contest Entities, prize providers, agencies and suppliers, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, “Released Parties”), from and against any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Contest to the extent possible under applicable law (except where the Contest Entities are at fault through intentional or negligent conduct), including without limitation: (a) acceptance, possession, use, misuse, or nonuse of any prize that may be awarded; (b) any incorrect or inaccurate information, whether caused by Entrant or Nominee, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (c) technical and/or communications malfunctions, errors or failures of any kind; (d) unauthorized human intervention in any part of the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of Entries; (f) if Administrator must cancel or terminate the Contest for any reason; (g) if any prize cannot be awarded due to circumstances beyond Contest Entities’ reasonable control; and (h) any and all claims, demands, causes of action, judgments, costs and expenses (including attorneys’ fees) arising from a claim that your Entry infringes the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party. You agree that in any cause of action, the Released Parties’ liability shall, to the extent permitted by applicable law, be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorneys’ fees or other legal costs.
You acknowledge that prizes are awarded “as is” and that the Released Parties have neither made nor are in any manner responsible or liable, to the extent permitted by law, for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, a prize’s quality or availability.
Each prize winner and his/her guest irrevocably waives all claims against the Released Parties and agree that the Released Parties will have no liability or responsibility and shall be held harmless by prize winner for any claim arising in connection with a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of a prize winner and/or guest participating in the Contest and related activities, wherever, whenever or however the same may occur. Each prize winner and his/her guest fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
DISPUTES: By entering the Contest, each Entrant and Nominee agree that (a) any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event will a Entrant or Nominee be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any Entrant or Nominee be permitted to obtain any award for, and Entrant and Nominee hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants, Nominees, and Sponsor in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Florida in the United States exclusive of conflict or choice of law rules. The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Any dispute, claim or controversy arising out of correlating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Miami, Florida before one arbitrator. The parties may agree to online/virtual proceedings. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
Confidentiality in Arbitration. For any arbitration, the parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the privacy of the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
NO OBLIGATION TO USE: Contest Entities shall have no obligation (express or implied) to use any Entry or to otherwise exploit any Entry, or, if commenced, to continue the distribution or exploitation thereof, and Contest Entities may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants and Nominees shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry, or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules (including without limitation, to vest all right, title and interest in and to an Entry to Contest Entities) then each Entrant and Nominee agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
LANGUAGES: To the extent permitted by applicable law, you agree that in the event of inconsistency between your local language version and the English version of these Official Rules, the English version shall prevail, and your local language version shall be deemed to be amended accordingly to the extent necessary for such inconsistency to be in conformity with the English version of these Official Rules.
WINNERS’ LIST: To obtain a list of the prize winners available for ninety (90) days after April 30, 2021, send an email to: Winners@dja.com with WINNERS & 10-2764-01 as the subject line. Winners List will be sent after all prizes have been awarded.
NATURE OF SPONSOR’S BUSINESS: Travel.