Stay Virgin Hotels
Virgin Hotels “Stay Virgin Hotels” 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 MUST HAVE AN INSTAGRAM ACCOUNT TO PARTICIPATE IN THIS SWEEPSTAKES. IF YOU DO NOT HAVE ONE, YOU CAN OBTAIN ONE WITHOUT COST BY VISITING INSTAGRAM.COM.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
- Eligibility: To enter the Virgin Hotels “Stay Virgin Hotels” Sweepstakes (the “Sweepstakes”), you must be at least 21 years of age, a legal resident of one of the fifty United States or District of Columbia, and have a valid public Instagram account. IF THE INSTAGRAM ACCOUNT YOU USE IS SET ON PRIVATE AT ANY TIME DURING THE ENTRY PERIOD OR PRIZE AWARDING PERIOD, YOUR ENTRY WILL NOT BE ELIGIBLE AND YOU WILL BE DISQUALIFIED. Void elsewhere and where prohibited. 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 a.m. Central Time (“CT’) on February 27, 2019 and ends at 11:59 p.m. CT on March 16, 2019 (the “Entry Period”).
- How to enter: During the Entry Period, visit either the Virgin Hotels Instagram Page at https://www.instagram.com/virginhotels/ (the “Instagram Page”) or Virgin Hotels San Francisco Instagram Page at https://www.instagram.com/virginhotelssf/ (each a “Social Media Entry Page” and collectively the “Social Media Entry Pages”), and follow the instructions on that Social Media Entry Page by either commenting on the applicable post as directed tagging your friends and including the hashtag #StayVirginHotels (the “Hashtag”) on the applicable Social Media Entry Pages or posting a photo as directed on the Virgin Hotels or Virgin Hotels San Francisco post including the hashtag #StayVirginHotels (the “Hashtag”) to complete your entry. All materials submitted in connection with the entry process shall be referred to herein as your “Entry.” By including the Hashtag, you acknowledge your intent to enter this Sweepstakes and your agreement to be bound by these Official Rules including the decisions of the Sponsors in all matters relating to this Sweepstakes.
- Entry Content Guidelines: Sweepstakes Entry must comply with the following guidelines or it will be disqualified:
- Entry must be in English.
- Entry must include the required “Hashtag.”
- 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, 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.
- General Entry Conditions. Limit one (1) Entry per person. Entries will not be acknowledged or returned. In the event of a dispute over the identity of an entrant, Entry will be deemed submitted by the authorized account holder of the social media account. “Authorized account holder” is defined as the natural person who is assigned to the social media account by the on-line service provider. All entries must be received by the end of the Entry Period. Proof of transmission is not proof of receipt. Sponsor’s computer is the official timekeeping device for the Sweepstakes. Entries must not transmit anything that contains viruses or anything else that is harmful to any computer. 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.
- 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. Without limiting the foregoing, Entries (or any portion thereof as Sponsor may select) may be posted on the Social Media Entry Pages on which the Sweepstake takes place (Instagram) for public viewing and voting, with or without the entrant’s name or screen name (in Sponsor’s sole discretion). 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.
- Drawing and Winner Notification: A total of one Entry will be selected at random, but subject to Sponsor’s approval (in its sole discretion), as the Grand Prize Winner from all eligible Entries combined from each Social Media Entry Page during the Entry Period. The drawings will be conducted on or about March 16, 2019. The Grand Prize Winner will be notified via direct message on their Instagram channel on which he/she entered using the “handle” used for entering and will be provided with brand email address, VirginHotels@bcvevolve.com, 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 Grand Prize Winner 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.
- Prize/Odds: One (1) prize is available: One “weekend stay” for up to ten (10) years for the winner and one guest at Virgin Hotels San Francisco (VHSF) not inclusive of airfare and ground transportation. Approximate retail value of prize (“ARV”): $7,900 [Based on $395/night x 2 nights per year x 10 years]. For purposes hereof, “weekend stay” shall mean Two (2) Nights’ standard double occupancy hotel accommodations at VHSF, 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.
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 VHFSF. 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 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.
- 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.
- 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.
- 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, and not to Instagram. This Sweepstake is in no way sponsored, endorsed or administered by, or associated with, Instagram.
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.
- 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 Sweepstake or any Sweepstake-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.
- Winner’s Name: For winner’s name, email VirginHotels@bcvevolve.com and with the request “Winner’s name Stay Virgin Hotels Sweepstakes” by March 13, 2019.
- Sponsor: The Sponsor of the Sweepstakes is Virgin Hotels, 3390 Mary Street, Suite 218, Miami, FL 33133, US
Instagram: By participating, you release Instagram and its 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, not to Instagram. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.