Official Rules
Kimpton Aluna Tulum Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. Sponsorship: The Sweepstakes is sponsored by Kimpton Hotel & Restaurant Group, LLC (“Kimpton”).
2. Giveaway Period: Kimpton Aluna Tulum Giveaway will begin 3/31/2021 at 9:00 AM PST and will end at 11:59 PM PST on 4/11/2021. The winner will be announced on or about 10:00 AM PST on 4/12/2021. Kimpton’s computer is the official time-keeping device for this Giveaway.
3. Eligibility: The Giveaway is open to all legal residents of the continental United States, Canada, and Mexico, except residents of Rhode Island (who are not eligible to participate) and residents of Quebec, who have reached the age of majority in their location of residence. Employees, officers and directors of Kimpton and its various hotels, restaurants, parent companies, subsidiaries and/or affiliates (collectively “Kimpton Parties”), and their immediate families (parents, children, siblings, spouses) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. The Contest is void in the state of Rhode Island, province of Quebec, and outside of the continental United States, and where prohibited by law, regulation, statute, or other appropriate authority, and is subject to all applicable federal, state and local laws.
4. Prize: One winner will receive a four night stay at The Kimpton Aluna Tulum. Only room night and taxes will be covered, guest(s) will be responsible for all additional charges including the resort fee.
Total estimated retail value for this contest: $1,000
The odds of winning the Giveaway depend on the number of eligible entries received during the Promotion Period.
5. Prize Restrictions: Prizes are non-transferable and no cash redemption or substitution is permitted. In the case of unavailability of prize, we reserve the right to substitute a prize of equal or greater value. Hotel accommodation is for a standard room and taxes for four nights at The Kimpton Aluna Tulum. IHG Rewards points will not be awarded. No extension will be given. If for any reason the prize cannot be used, the prize will be forfeited and Kimpton will have no further obligation to winner. Winner is responsible for any and all local, state and/or federal taxes, as well as any other costs and expenses not specified herein including, without limitation, air fare, ground transportation, meals, beverages, activities, spa services, gift shop purchases, incidentals, telephone calls or other personal expenses, extra hotel fees, or other hotel charges incurred. Prize may not be used in conjunction with any other discount or promotion.
6. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of, which are final and binding in all matters related to the Sweepstakes.
7. How to Participate: During the Giveaway Period as set out above, an entrant (“you”) must comment on Kimpton Hotel & Restaurant’s Kimpton Aluna Tulum giveaway post by tagging at least one other Instagram account between 3/31 at 9:00 AM PST and 11:59 PM PST on 4/11, meeting the following requirements:
(A) Submission Requirements:
a. Entries should be submitted as a comment on Kimpton Hotels & Restaurant’s Instagram contest post.
b. User must follow @kimpton to qualify.
c. Once your entry has been submitted, it is considered final and may not be modified or edited by you.
d. You agree that you shall not submit anything that contains: (i) disparaging or obscene language, photographs or film, (ii) nudity, (iii) images, photographs or film of trademarks and/or logos not belonging to the Kimpton Parties (unless you are permitted to do so in writing by the owners of such trademarks or logos), (iv) images, language, photos or film that is injurious to another party and/or may damage another party’s reputation, and/or (v) any submission that does not comply with the contest rules herein. You also agree that you own all right, title and interest in and to the materials (including without limitation photographs, film, images or other content) submitted. You further agree that you are not violating the trademark, copyright, or other intellectual property rights of another person or entity, and that you have the permission of any person depicted in the materials submitted to use/submit their image. You acknowledge that we expressly condition our acceptance of your submission on your agreement of the preceding requirements, and if it is discovered that you have violated such agreement, we reserve the right to disqualify your submission.
e. Once your submission is received by Kimpton the images, photos, video or other materials submitted become the property of Kimpton and you cannot use these materials for any other commercial/contest purposes.
8. Limit: 100 entries per day per person during the Promotion Period, regardless of method of Entry. Multiple participants are not permitted to share the same email address, account, or device. Any attempt by any participant to obtain more than the stated number or entries by using multiple/different email addresses, accounts, devices, identities, registrations or logins, or any other methods will void that participant’s entries and that participant may be disqualified. Any use of robotic, repetitive, automatic, programmed or similar methods or agents (including, but not limited to, sweepstakes entry services) will void all entries for that entrant. In the event of a dispute as to any entry, the authorized account holder of the email address or device used to participate will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the “authorized account holder” of a device is the natural person in whose name the device has been issued and the services are billed. Potential winners may be required to show proof of being authorized account holders.
9. Winner Selection: Potential winners must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. The winners will be announced via a comment on the Instagram contest post by 11:00 AM PST on 4/12. Winner will be selected at random. The winners will then be sent a reply to their comment on the contest Instagram post inviting them to connect with us via email so that we can coordinate prize delivery. If the contest winner fails to claim a prize within 48 hours of receipt of notification of winning, is ineligible, cannot be notified, or is disqualified, an alternate winner will be selected in a random drawing from among all remaining eligible entries, up to 3 alternates. If the alternate potential winners are disqualified, the applicable prize will not be awarded. Winner may be required to complete an affidavit of eligibility and sign a release as a condition of receiving any prize. Prize must be redeemed by 6/31/2021. The prize will be fulfilled approximately 24 hours after the conclusion of the Giveaway.
10. ALL POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY KIMPTON, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF ENTRANT’S ENTRY IS DRAWN, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. KIMPTON WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
11. Grant of Rights: Except where prohibited, by participating in the Contest and regardless of whether you are a winner, you grant Kimpton its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit the materials you submit to enter the contest, including your name, signature, likeness, photograph(s), as well as additional photographs, video footage or other images that Kimpton may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Kimpton shall elect, in any and all media now known or hereinafter developed, including but not limited to the Kimpton websites, other websites, newsletters, press releases, social media sites, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
12. Entrant Representations, Warranties, Indemnification and Release: By entering, each entrant represents and warrants to Kimpton Parties that his/her entry is (i) completely the original work of the entrant and was written, photographed or filmed solely by the entrant, (ii) not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Entrant agrees to defend and indemnify Kimpton Parties for any breach of the above representations. Further, by submitting an entry, each entrant agrees to indemnify, defend, release, discharge and hold harmless Kimpton Parties and their parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, and the officers, directors and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the entrant’s concept.
13. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. By entering, you understand that you are providing your information to the Kimpton and not Instagram. Your email address will be added to the hotel’s database and will be used for hotel marketing purposes but will not be sold or given to any other entity by the hotel or Kimpton.
14. Release: You hereby release and discharge Kimpton Parties their employees, agents, licensees, successors and assigns from any and all claims, liabilities, demands or causes of actions that it may have or may from now on for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement. You agree that Kimpton and shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Image in its Use, and to rearrange and/or transpose the Image, and to use a portion or portions of Image together with any other literary, dramatic, digital or other material of any kind. You enter into this agreement voluntarily, without coercion or duress. You agree that you shall be responsible for obtaining the same above consent from all persons that will be named, photographed or filmed in your submission, and in addition to the general indemnity set forth below, specifically agree to indemnify Kimpton and for any claims arising out of your failure to gain such consent.
15. LIMITATIONS OF LIABILITY, DISCLAIMERS/RELEASE: PARTICIPANT ACKNOWLEDGES AND AGREES THAT: KIMPTON PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KIMPTON PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL THE KIMPTON PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. KIMPTON PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. KIMPTON PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE KIMPTON PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE- RELATED ACTIVITY, USE BY A KIMPTON PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A KIMPTON PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
16. Conditions: All federal, state, and other taxes are the sole responsibility of the winner. By participating, entrants, and winners and their guest agree to release and hold harmless the Kimpton Parties and their respective successors and assigns from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Kimpton Parties are not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules, attempt to interfere with this Contest or act in an inappropriate or disruptive manner in any way shall be disqualified. There is no purchase necessary to participate. A purchase does not increase odds of winning.
17. Additional Terms: Kimpton Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability for you to enter a submission to the Contest, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Kimpton Parties reserve the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. Kimpton Parties reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Contest or web site. Kimpton Parties may prohibit a participant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Kimpton Parties.
18. Disputes: Except where prohibited, Kimpton Parties reserve the right to make all decisions in its sole discretion arising out of or relating to the Contest, and the decisions by Kimpton Parties are final and binding on all matters relating to the Contest. Except where prohibited, you 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 exclusively by the appropriate court located in the State of Arizona; (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, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Kimpton Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than State of Georgia. By participating in the Contest, you agree that Phoenix, Georgia will be the exclusive forum for any formal dispute resolution.
19. Contact: Kimpton Hotel & Restaurant Group, LLC Street Suite 200, San Francisco, CA 94108. For the name of the winners, or to submit any other questions or comments relating to the Contest, contact contest@kimptonhotels.com
