Be The First

Virgin Hotels “Be The First” Official Rules 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.

A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.

A MOBILE DEVICE/SMARTPHONE IS NOT REQUIRED TO PARTICIPATE IN THIS SWEEPSTAKES, BUT IF A MOBILE DEVICE/SMARTPHONE IS UTILIZED TO PARTICIPATE IN THIS SWEEPSTAKES, CARRIER’S STANDARD DATA RATES APPLY. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

1. Eligibility: To enter the Virgin Hotels “Be the First” Sweepstakes(the “Sweepstakes”), you must be at least 21 years of age and a legal resident of one of the fifty United States or District of Columbia.  Void elsewhere and where prohibited. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.  Employees, officers and directors of Virgin Hotels (“Sponsor”), its parents, subsidiaries, affiliates, franchisees, advertising and promotion agencies, and anyone involved in the production or administration of the Sweepstakes, and any member of the immediate family (defined as parent, child, spouse or sibling; whether biological, adopted, step or in-law) or household (whether related or not) of any such persons, are not eligible. Sweepstakes is void where prohibited. The Sweepstakes is subject to all applicable laws and regulations. Entry begins at 12:00:01 a.m. Central Time (“CT’) on July 1st 2020 and ends at 11:59:59 p.m. CT on July 31st , 2020(the “Entry Period”).

2. How to enter: During the Entry Period, you must have been invited to enter the Sweepstakes during an existing stay at a participating Virgin Hotels Nashville and received a disposable camera from Sponsor; take several photos of you “being the first” to do something at the Virgin Nashville Hotel; visit the Virgin Hotels sweepstakes landing page at www.virginhotels.com/bethefirst and follow the instructions on that page (the “Website Entry Page”) to complete your entry and submit your camera with your photos by the end of your stay at the Virgin Hotels Nashville to complete your entry. All materials submitted in connection with the entry process, including all Photos shall be referred to herein as your “Entry.”  By entering in your information requested on the Website Entry Page, including your name, e-mail, Instagram Handle, and disposable camera number, you acknowledge your intent to enter the Sweepstakes and your agreement to be bound by these Official Rules including the decisions of the Sponsor in all matters relating to this Sweepstakes. 

3. Entry Content Guidelines: Sweepstakes Entry must comply with the following guidelines or it will be disqualified:

• Entry must be in English.
• Entry must be the original work of the entrant, and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. 
• Entries must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, encouraging of hate speech, or otherwise not in keeping with Sponsor’s image and may not contain inappropriate content or objectionable material, all as determined by Sponsor in its sole discretion.

4. General Entry Conditions. Limit one (1) Entry per person/household. Entries will not be acknowledged or returned. In the event of a dispute over the identity of an entrant. Proof of transmission/upload is not proof of receipt. Sponsor’s computer is the official timekeeping device for the Sweepstakes. No responsibility is assumed for late or misdirected entries, or any failure or unavailability of hardware, software, electronic communications, or Internet uploading or other connections. Sponsor is not responsible for any changes or effects caused to your mobile device or computer system as a result of submitting an Entry.

5. Usage Rights in Entries. Sponsor and its designees shall have the unrestricted and non-exclusive right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use any or all Entry materials, alone or in combination with other material including but not limited to essays, photos and/or videos in any and all media, whether now known or later discovered, in perpetuity, without restriction of any kind whatsoever, without further compensation to the entrant or anyone else (except where prohibited). . Sponsor reserves the right to review any Entry prior to any such posting, to remove any Entry at any time after posting, and to remove any incidental material that could be deemed problematic in any way as determined solely by Sponsor.  No guarantee is made that any particular Entry will or will not be posted or as to the length of time between submission and posting or that if an Entry is posted that such posting is a guarantee that such Entry has been verified as eligible per all requirements of these Official Rules. Sponsor reserves the right, in its absolute discretion, to determine if any particular Entry is appropriate for posting but does not guarantee all decisions for posting in advance. All Entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entry constitutes permission for Sponsor and its designees to use winner’s name, biographical information, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, for internal, advertising, promotion and other purposes without additional compensation, notification or permission, unless prohibited by law. Potential winners may be required to assign all rights in Entry to Sponsor without additional compensation (except where prohibited).

6. Drawing and Winner Notification: A total of ten (10) Entries will be selected at random from all valid entries received at the end of the Sweepstakes Entry Period, but subject to Sponsor’s approval (in its sole discretion), as the potential Winners from all eligible Entries combined from each Website Entry Page during the Entry Period (subject to verification and compliance with these Official Rules). The drawings will be conducted on or about August 7th, 2020.  The Winners will be notified via email that was provided in their entry, to which he/she must respond and provide his/her full name, street address, a valid email address and date of birth within seven (7) days of the initial notification attempt (regardless of when potential winner actually receives such notification).  Thereafter, Sponsor will send potential Winners by mail or email (in Sponsor’s sole discretion) an Affidavit of Eligibility and Liability/Publicity Release (“Prize Claim Forms”).  Sponsor shall have no liability for any attempted winner notification that is lost, intercepted or not received by a potential winner for any reason. In order to be verified as the prize winner and be awarded the prize, the potential winner must (where legal) complete, sign, have notarized and return all Prize Claim Forms within seven (7) days of the send date of such Prize Claim Forms or such potential winner will be disqualified and the prize will be forfeited.  If a potential winner does not respond within seven (7) days after the first notification attempt, or if a potential winner fails to return the completed Prize Claim Forms as directed and within the time frame required, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, then such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor will make up to three attempts to select, notify and verify a winner, and if after a third attempt to verify a winner the prize remains unclaimed, the unclaimed prize may not be awarded.  

7. Prize/Odds: Ten prizes are available: One “weekend stay” valid for up to one (1) year for the each of the winners and one guest at any participating Virgin Hotels not inclusive of airfare and ground transportation. Approximate retail value of prize (“ARV”): $790 [Based on $395/night x 2 nights].  If guest is under eighteen (18) years of age, winner must be guest’s parent or legal guardian.  For purposes hereof, “weekend stay” shall mean Two (2) Nights’ standard double occupancy hotel accommodations at a participating Virgin Hotels, checking in on Friday and checking out on Sunday, subject to the hotel’s check-in and check-out policy, as in effect from time to time.  Any unused portion of prize will not be awarded or redeemed for cash value.  If actual value of trip is less than estimated ARV, the difference will not be awarded.  Winner is responsible for travel to/from San Francisco.  Winner is responsible for taxes on prize. The prize is valid only as long as the hotel remains a Virgin Hotels, which may be less than 10 years. Blackout dates and other terms and conditions may apply.

Sweepstakes prize cannot be substituted, transferred or exchanged for cash value. Attendance must be taken on dates specified by Sponsor or prize shall be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves right to change dates. Guest will be required to sign a liability/publicity release prior to stay at any of the participating Virgin Hotels. Guest must be of 21 years of age or older. All meals, tips, gratuities, entertainment, hotel incidentals and damages, taxes and all other costs associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the winner. Winner and guest  must have all necessary photo ID, passports and/or other documents necessary for stay at the hotel. Winner must provide a valid credit card upon check in to hotel to cover any incidentals and damages.

Odds of winning depend on the number of eligible entries received.

8. Use of Winner’s Identity: To the extent allowed by applicable law, acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state and country) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (or for as long as allowed under applicable law), without further compensation except where prohibited by law. 

9. Disqualification/Modification/Termination Provisions: Sponsor reserves the right in its sole discretion to disqualify from this Sweepstakes  and any other promotions offered by Sponsor, any individual who is found to be tampering with the entry process or the operation of the Sweepstakes , to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes , or to annoy, abuse, threaten or harass any other person. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.

Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes , in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner in a random drawing from all eligible, non-suspect Entries unaffected by the problem resulting in termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances. Further, Sponsor is not responsible in any manner of the Sweepstakes cannot take place, or if any hotel accommodation prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, public health crises, epidemics, pandemics, travel restrictions, government restrictions or bans, acts of public authorities, weather or acts of terrorism.  In such event, Sponsor may, in its sole discretion, award the prize at another time, or cancel the awarding of the prize.  In the event the hotel accommodation prize is cancelled, winners will not receive any substitute prize or additional remuneration.

10. Legal: By entering the Sweepstakes, you agree, to the extent allowed by applicable law, that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. 

These rules and any disputes relating hereto are governed by the internal laws of the State of Florida, USA, without regard to principles of conflicts of laws, and by entering you consent to the exclusive jurisdiction of the state and federal courts in Florida, USA.

By participating, you release Instagram and their parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes  and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any information you submit online is to the Sponsor. 

If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

11. Release of Liability: By entering the Sweepstakes, each entrant agrees to release and hold harmless Sponsor, its parent, affiliate and subsidiary companies, and advertising and promotion agencies, and any other entities involved in the development, implementation, administration and fulfillment of this Sweepstakes , and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes -related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize (including any travel or activity-related thereto). Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, social media site, or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of or voting on Entries, the announcement of the prizes, the incorrect uploading of any Entry or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the third-party sites, social media sites or any websites. Persons who tamper with or abuse any aspect of the Sweepstakes or third party social media sites associated with the Sweepstakes, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Caution: Any attempt by an individual 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, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such individual to the fullest extent of the law.
    
    IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12. Privacy: Any information you submit is subject to Sponsor’s privacy policy posted at https://virginhotels.com/privacy-policy. By participating in the Sweepstakes, you agree that Sponsor may collect and use your information as set forth in the privacy policy.
13. Winner’s Name: For a list of winners, press@virginhotels.com and with the request “Winner’s name Be the First Sweepstakes” by August 7th 2020.   

Sponsor: The Sponsor of the Sweepstakes is Virgin Hotels, 3390 Mary Street, Suite 218, Miami, FL 33133, US.