Swap Shop Rules

Swap Shop Rules

VIRGIN HOTELS SWAP SHOP CONTEST

NO PURCHASE IS NECESSARY TO ENTER OR WIN

1. ELIGIBILITY: The Virgin Hotels Swap Shop Contest (the “Contest”) is open only to legal residents of forty eight (48) contiguous United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Employees of Virgin Hotels North America, LLC, a Delaware limited liability company (together with its affiliates, “Virgin Hotels”), One Trick Pony or other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations and is void in Puerto Rico, Alaska, Hawaii and where prohibited.

2. SPONSOR: The Contest is sponsored by Virgin Hotels (the “Sponsor”).

3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. CONTEST/ENTRY PERIOD: The Contest begins on December 26, 2017 at 12:00 AM Eastern Time (“ET”) and ends on January 9, 2018 at 11:59 PM ET (the “Contest Period”).

HOW TO ENTER: Go to https://virginhotels.com/swapshop, sign in with your name and email and share the name and description of your rubbish holiday gift (the “Entry”). An accompanying photograph is optional for submission and not required for entry.

Limit one (1) Entry per person per email address. Entries received from any person in excess of the stated limitation will be void. Submission of erroneous or incomplete personal information will void the submitted entry. By submitting an Entry via Email, the entrant consents to being contacted by email. Text and data charges may apply if you are accessing the website from a mobile phone to enter this Contest. Entries must be submitted through the landing page. @Reply messages on Facebook or any other social media platform received by Sponsor will not be valid. Entries will not be acknowledged or returned. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email account. The potential winner may be required to show proof of being the authorized account holder.

Entries may not contain any content that:

(a) is sexually explicit, profane or pornographic, unnecessarily violent or derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability;

(b) promotes alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing);

(c) defames, misrepresents or contains disparaging remarks about other people or companies;

(d) contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without their permission;

(e) contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media) without their permission;

(f) contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or deceased without their permission;

(g) appears to place any person or animal in a dangerous or potentially harmful situation; or

(h) violates any applicable law.

The Sponsor reserves the right to reject any Entry, in its sole and absolute discretion, on the basis that a submitted Entry does not meet the above criteria, is otherwise offensive or is not in keeping with the Sponsor’s image and reputation.

Each entrant represents and warrants that (a) such entrant is the sole and exclusive owner of the submitted Entry and all rights associated therewith; (b) such entrant has the full and exclusive right, power and authority to submit the Entry for this Contest and to transfer and assign to the Sponsor any and all rights in and to the Entry as provided for herein; (c) the submitted Entry is original to the entrant and no part of such Entry has been published; (d) no rights in the submitted Entry have been previously granted to any person, firm, corporation or other entity or otherwise exercised or exploited; (e) the submitted Entry meets the criteria as provided for herein and is not otherwise offensive and is in keeping with the with the Sponsor’s image and reputation, as determined by the Sponsor, in its sole and absolute discretion; and (f) the submitted Entry does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights.

Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, nonexclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.

By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.

5. JUDGING. All eligible Entries received during each Entry Period will be judged by qualified judges selected by Sponsor in its sole discretion.

• User must have an email address

• User must visit www.virginhotels.com/swapshop and submit an entry

Six (6) winners will be chosen at random. Sponsor reserves the right to not award all prizes if, in its sole discretion, it determines it has not received a sufficient number of qualified eligible entries.

TERMS OF SERVICE. All Entries must comply with these Official Rules. Repetitive automated electronic submission of Entries is specifically prohibited, and any such Entries will be disqualified. Entries will be deemed made by the authorized email account holder at the time of entry. In the event of a dispute, a potential winner may be required to provide proof that he/she is the authorized account holder of the account in question, and Sponsor’s decision will be final. 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, including any error that may result in an erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any computer equipment or software that results in loss of Entry. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is also not responsible for any injury or damage to entrant’s or any other’s computer related to or resulting from playing or downloading any materials in the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual (and void all of his or her Entries) it finds to be tampering with the entry process or the operation of this Contest or website, intending to annoy, abuse, threaten or harass any other contestant, Sponsor, or any of its representatives or to otherwise be acting in violation of these Official Rules.

6. WINNER NOTIFICATION: Potential winners will be notified via email and will be required to respond within three (3) business days of date of its issuance. If response to such notification is not received within specified time or any potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, awarded to the next eligible entry, as determined by Sponsor in its sole discretion. If winner is at least eighteen (18) but still considered a minor in his/her state of residence, Sponsor may, at its discretion, award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.

7. REQUIREMENTS OF POTENTIAL WINNERS: Potential winners will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release (the “Affidavit/Release”) within five (5) days of date of issuance of those documents or the prize may be forfeited and, at Sponsor’s discretion, awarded to an alternate winner.

8. PRIZES: Prize packages (6): (3) Prize packages consists of a two-night stay (winner and one guest) to stay at Virgin Hotels Chicago on a date to be determined by Sponsor. (3) Prize packages consists of a two-night stay (winner and one guest) to stay at Virgin Hotels San Francisco on a date to be determined by Sponsor. Trip consists of the following: double occupancy accommodations for winner and one (1) guest for three (3) days/two (2) nights in the Grand Chamber Suite at the Virgin Hotel in Chicago, IL or San Francisco, CA (Estimated Retail Value (“ERV”) $1,000).

9. PRIVACY AND PUBLICITY: All information submitted by entrants in the Contest will be subject to the privacy policy of Virgin Hotels, which is available at virginhotels.com. Except where prohibited, participation in the Contest constitutes an entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the 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) award the prizes from among the eligible entries received up to the time of the impairment. The Sponsor 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 these Official Rules 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, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

11. WARRANTIES AND CONSENTS: By completing and submitting an Entry, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules (ii) based on the Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Official Rules by the Sponsor which are final in all matters relating to the Contest.

12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor, their parent(s), officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing or judging of Entries; or (f) injury, death, 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 of any prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

13. DISPUTES: Except where prohibited, entrant agrees that 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 exclusively by the appropriate court located in the State of New York County, New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York County, New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York County, New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York County, New York.

14. CONTEST RESULTS: To request a winners list, send a self-addressed, stamped envelope to Virgin Hotels Swap Shop Contest, 3390 Mary Street, Suite 218, Miami, FL 33133. Requests must be received within four (4) weeks of the end of the Entry Period. VT residents omit postage.