Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: The Giveaway is open to all legal residents of the continental United States (except residents of Rhode Island), Canada (except residents of Quebec), Mexico, United Kingdom (except residents of Northern Ireland), Germany, France, Switzerland, Sweden, Norway, Finland, Denmark, Belgium and the Netherlands who have reached the age of majority in their location of residence. Employees, officers and directors of Kimpton, InterContinental Hotels Group Plc 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 Giveaway is void in the state of Rhode Island, province of Quebec, and where prohibited by law, regulation, statute, or other appropriate authority, and is subject to all applicable federal, state and local laws.
2. Sponsor: The Giveaway is sponsored by Kimpton Hotel & Restaurant Group, LLC (“Kimpton”).
3. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these terms and conditions (“Official Rules”) and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: Kimpton Aysla in Mallorca Giveaway (“Giveaway”) will begin 11/17 at 8:00AM PST and will end at 8:00 PM PST on 12/8. The winner will be announced on or about 12/9 at 5:00 PM PST. Kimpton’s computer is the official time-keeping device for this Giveaway.
5. How to Enter: During the Giveaway Period as set out above, an entrant (“you”) must comment on Kimpton Hotel & Restaurant’s Kimpton (“@kimpton) Aysla in Mallorca giveaway Instagram post by tagging at least one other Instagram account between 11/17/2022 at 8:00AM PST and 12/8/2022 8:00PM PST, meeting the following requirements:
(A) Submission Requirements:
a. Entries should be submitted as a comment on Kimpton Hotels & Restaurant’s Instagram giveaway post.
b. User must be following @kimpton and @kimptonayslamallorca during the Giveaway period 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 giveaway 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/giveaway purposes.
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, Giveaway 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.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNING ENTRY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY AND IS VOID AND WILL NOT BE HONORED.
7. Winner Determination: 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 @kimpton Instagram giveaway post by 12/8/2022 at 5:00 PM PST. Winner will be selected at random. The winner will then be sent a reply from the @kimpton Instagram account to their comment on the giveaway Instagram post inviting them to connect with us via email so that we can coordinate prize delivery. If any potential winner is a Canadian resident he/she will be required to answer a time limited skill testing question without assistance within five (5) days of the date notice or attempted notice is sent in order to be eligible to receive a prize. If the giveaway 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 booked by 31st December 2023. The prize will be fulfilled approximately 24 hours after the conclusion of the Giveaway.
8. Winner Requirements: Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Except where prohibited, the potential prize winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential prize winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information within the required time period (if applicable), potential winner forfeits the prize. Prize in question may go unawarded if it remains unclaimed. If the potential prize winner is disqualified for any reason, an alternate winner may be selected in Sponsor’s sole and absolute discretion. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state/province, likeness, photo, entry information and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the Sweepstakes winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the winner’s entry including intellectual property rights, trademark rights, copyright and all renewals and extensions of intellectual property rights, and the right to secure intellectual property registrations thereto in perpetuity including, without limitation, the rights to use the winner’s entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The Sweepstakes winner accepts and acknowledges that Sponsor shall not be obligated to use the winner’s entry and that Sponsor in its sole discretion shall have the right to refrain from using winner’s entry . Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
9. Prize: One (1) winner will receive a three-night stay at The Kimpton Aysla in Mallorca and a dinner for two at Saba Restaurant & Bodega Bar (up to $300 total credit). The room is a standard room with double occupancy on a room only basis. Only room night and taxes will be covered, guest(s) will be responsible for all additional charges including all transportation costs to and from the hotel and all other incidental charges during the stay at the hotel (as further described in Prize Restrictions).
Total estimated retail value for this Giveaway: $1,500
For the Prize: Prize is non-transferable, no cash equivalent, and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize of equal or greater value should it become unavailable for any reason. Winner is responsible for all federal, state, and/or local taxes and fees or costs associated with prize receipt and/or use, regardless of whether it, in whole or in part, is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law.
10. 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 on a room only basis for three nights at The Kimpton Aysla in Mallorca. The prize must be booked before 31st December 2023. IHG One 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. Additional restrictions may apply.
11. Release: By receipt of the prize, the winner agrees to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (1) the Sweepstakes, including but not limited to any Sweepstakes -related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes, (2) the violation of any third-party privacy, personal, publicity or proprietary rights, (3) typographical or printing errors in these Official Rules or any Sweepstakes materials , (4) personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize, (4) any change in a prize due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (5) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (6) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (7) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (8) interruption or inability to access the Sweepstakes, any other Sweepstakes -related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
12. Privacy: Please see the privacy policy located at https://www.ihg.com/content/us/en/customer-care/privacy_statement for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to (1) cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winner in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension and/or (2), as necessary, to modify these Official Rules to accommodate any changes in circumstances that affect Sponsor’s ability to carry out or run the Sweepstakes as planned. Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or, the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Sweepstakes-related materials, including without limitation, a Sweepstakes entry form or any point-of-sale, radio, television, print, or online advertising or disclosures, these Official Rules will prevail and govern. By entering the Sweepstakes, each entrant agrees to waive any rights to claim ambiguity with respect to these Official Rules
14. Release; Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, network hardware or software, or any computer, telephone, satellite, cable, network, electronic or Internet hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize; or (6) garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion. Released Parties are not responsible for any unauthorized third party use of any entry. No more than the stated number of prizes will be awarded. Sponsor is not responsible for any typographical or other error in printing, offering, announcement or administration of the Sweepstakes.
15. Disputes: Except where prohibited, by entering the Sweepstakes, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Georgia or the appropriate Georgia State Court located in Dekalb County, Georgia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules.
16. Severability: If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
17. 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 Giveaway, contact contest@kimptonhotels.com
