ACE HOTEL CHICAGO AND FOXES FELLOWSHIP GETAWAY SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ONE ENTRY PER PERSON.
1. Eligibility: This Ace Hotel Chicago and Foxes Fellowship Getaway Sweepstakes (the “Sweepstakes”) is open only to legal residents of the contiguous forty-eight (48) states of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees of Ace Hotel, Foxes Fellowship, Nonesuch Records Inc., and their respective parents, affiliate companies, subsidiaries, sweepstakes agencies, suppliers and members of their immediate families, are not eligible. Void where prohibited by law. For purposes of the Contest, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
2. Sponsors and Prize Providers: Atelier Ace LLC (“Sponsor”). Foxes Fellowship, and Nonesuch Labels Inc. (“Prize Providers”).
3. Timing: The Sweepstakes will run according to the following schedule:
•The Sweepstakes will begin Monday, September 11, 2017 at 9:00 AM CST and end Monday September 18, 2017 at 12:00 PM PST (“Sweepstakes Period”).
4. How to Enter: During the Sweepstakes period, entrants must post their entry on Instagram, and tag @fleetfoxes, @acehotelchicago and the hashtag #chicagocrackup in the caption and email the link of their post to firstname.lastname@example.org. Before entering the Sweepstakes, the “Photos Are Private” option in their Instagram account settings must be set to “OFF”. Posting on Instagram requires a mobile device and therefore message and data rates may apply. Video or photos must have been taken by the user and user must have permission of any and all persons, locations, and third party marks identified or identifiable in video/photo to submit the video/photo as described herein. All persons visible in the video/photo must be at least eighteen (18) years of age or older. Professional videos, professional photos, and videos/photos with watermarks are not eligible. By submitting an Entry, entrants grant Sponsor and Prize Providers the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the video/photo and to incorporate the video/photo in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and Prize Provider and that the Sponsor’s or Prize Providers’ reproduction, publishing, displaying, and/or other use of the video/photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any video/photo contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any video/photo does not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such video/photo (and the related Entry) may be rejected as ineligible for consideration. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the video/photo. Entries must be received before the Sweepstakes Period end time in order to be eligible for the Sweepstakes. Limit one (1) Entry per person. Any attempts by an entrant to submit more than one (1) Entry during the Sweepstakes Period will result in such entrant being disqualified. All Entries become the property of Sponsor and will not be acknowledged. Entries generated by a script, macro, or other automated means will be disqualified. Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Entries must comply with all applicable laws, rules, and regulations. In case of a dispute over the identity of an entrant, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. All posts will be entered to win a trip to Chicago and tickets to see Fleet Foxes' sold out show at The Chicago Theatre. One (1) winner will be chosen at the conclusion of the Sweepstakes Period from the entries. No more than one person can enter using the same Instagram account. Use of any automated system to participate is prohibited and will result in disqualification. Any personal information shared as part of the Sweepstakes entry will only be used by the Sponsor and not shared or sold to, any third parties.
5. Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
6. Selection of Winner: Sponsor will select one (1) prize winner (the “Winner”) from all eligible entries received. Potential Winner will be notified via Instagram Direct Message within three (3) days after the drawing. Entrants are responsible for insuring that their provided information is up-to-date and accurate as well as that they check their account for notifications. Prize notices returned as undeliverable will result in the disqualification of the potential prize Winner and an alternate Winner will be selected. Sponsor’s decisions as to the random drawing are final and no correspondence will be entered into. Winner will have forty-eight (48) hours to claim their prize via email, including their e-mail and phone number. If the winning entries are discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or do not respond within the 48 hour time period, an alternate Winner may be selected, at the sole discretion of the Sponsor. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor’s sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
7. Prizes: One (1) Winner will receive: roundtrip airfare for two (within the continental US), a two-night stay in a large room at the new Ace Hotel in Chicago (ARV $600), dinner at City Mouse (ARV $200, exclusive of tax and gratuity) and two tickets to BOTH sold out Fleet Foxes shows at the Chicago Theatre (ARV $260).
8. Terms and conditions of Prize Drawing: (1) Prizes cannot be combined with any other offer; (2) Income and other taxes are the sole responsibility of winner (3) Prizes are non-transferable, non-refundable and have no cash value if not used.
9. Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawing and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
10. Disputes: In the event of a dispute, the person who is registered to the winning e-mail address on the entry into the Sweepstakes will be deemed the winning entrant. Potential Winner may be required to show proof of identification in conjunction with prize award/acceptance.
11. Substitution, Taxes: No assignment or transfer of prizes will be permitted, except at Sponsor’s sole discretion. WINNERS ARE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZES.
12. Potential Winner(s), Publicity: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant grants to the Sweepstakes Entities a perpetual, worldwide, unlimited, irrevocable, royalty-free license and right to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, Instagram username, likeness, city, state, biographical material, and Entry (collectively, “Licensed Rights”) in any media now known or hereafter devised throughout the universe in perpetuity, including for advertising, promotional and publicity purposes, without additional review, compensation, permission or approval.
13. Liability: You agree that Sponsor, Prize Providers and their respective parents, subsidiaries and affiliated companies and all their advertising and sweepstakes agencies (the “Released Parties”), will have no liability whatsoever in connection with this Sweepstakes and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Sweepstakes, entrant explicitly releases, discharges and holds harmless the Sponsor, Prize Providers and their successors and assigns and all their respective shareholders, directors, officers and employees from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the sweepstakes and the acceptance and use or misuse of the prize. The Released Parties are not responsible for 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.
14. Conditions of Participants’ Conduct: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstakes is terminated early, Sponsor will make the prizes available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on the Ace Hotel website. Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
15. Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York City (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.
16. Indemnification: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR, PRIZE PROVIDER AND THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor nor Prize Providers be liable to Winner or any entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of Winner’s or entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor and/or Prize Providers have been advised of the possibility of such damages. In no event shall Sponsor nor Prize Providers be liable to a Winner or entrant for any amount with respect to Winner’s or entrant’s participation in or disqualification from the Sweepstakes, or from the termination or cancellation of the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
17. General: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Official Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Official Rules.