NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
“MONTAGE MEMORIES MAKERS CONTEST” (“Contest”) starts at 09:00 am Pacific Time (“PT”) on 09/14/2016 and ends at 11:59 pm PT on 11/14/16 (“Entry Period”). The sponsor of this Contest is Montage Hotels & Resorts, LLC, a Nevada limited liability company (the “Sponsor”). Notwithstanding the foregoing, Sponsor may, in its sole and absolute discretion, extend the expiration date of the Entry Period. Entrant shall not rely, in any manner whatsoever, on such a potential extension of the Entry Period expiration date and Sponsor will not be held liable for any liabilities, damages (consequential or otherwise), and/or economic loss stemming from such decision to extend or not extend the expiration date of the Entry Period. The Contest is subject to these Contest Official Rules (the “Official Rules”), and by entering, all participants (each an “Entrant”) agree to be bound by the terms and conditions herein.
1. Eligibility: CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE THIRTEEN (13) YEARS OF AGE TO SEVENTEEN (17) YEARS OF AGE AS OF THEIR ENTRY DATE. THIS CONTEST IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS, ALL COUNTRIES OTHER THAN THE UNITED STATES AND WHERE PROHIBITED BY LAW. Employees of Sponsor and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of Sponsor, and its officers, directors, affiliates, subsidiaries, parent companies, and advertising and promotion agencies (collectively, the “Promotion Parties”) and those living in the household of same (whether legally related or not) are not eligible to enter or win. A prize won by a minor who is eligible but considered a minor in the legal jurisdiction in which he/she resides will be awarded in the name of said minor’s parent or legal guardian. Members of the Screen Actors Guild and American Federation of Radio and Television Artists, or any other individuals determined to be celebrities by the Sponsor in its sole reasonable discretion, are not eligible for this Contest.
2. How To Enter: There is only one way to enter the Contest. During the Entry Period, an Entrant must visit the Contest’s website at http://www.montagehotels.com/montage-memory-makers-scholarship/, and submit his or her Name, Email Address, Phone Number, Age, and describe his or her volunteerism, participation in community service or other recent humanitarian acts in one three-hundred (300) word essay. Entrant may also provide a link to a website, hosted YouTube, Vimeo or any other video, however, a website or video submission along with the Entry is optional. Submission of a video by an Entrant does not necessarily increase an Entrant’s chance of winning. Entrants may copy and paste the essay into a blank form at http://www.montagehotels.com/montage-memory-makers-scholarship/.
By submitting the information as described above, each Entrant will be entered into the Contest (“Entry”). Only one Entry per person is allowed during the Entry Period. In order to be valid, an Entry must be submitted via the online method as described above. Each Entry must be received during the Contest Period, as determined by the computer-time on the Sponsor’s server, which shall be the official timekeeper for this Contest. For purposes of this Contest, an Entry is deemed to be “received” when the Sponsor’s server records the complete Entry information. Illegible, incomplete or duplicate Entries; Entries submitted by Entrants who do not meet the eligibility requirements set forth in Section 3, below (including, but not limited to, all requirements with respect to age and residence); and any attempt by a potential Entrant to obtain more than the allowable Entries by using multiple/different e-mail addresses, identities, or any other online methods will void such Entries. Those Entrants who do not follow all of the instructions, provide the required information in their Entry, or abide by the Official Rules or other instructions of Sponsor may be disqualified by Sponsor in Sponsor’s sole and absolute discretion.
Sponsor is not responsible or liable for (i) lost, late, or misdirected Entries; (ii) technical, hardware or software failures of any kind; (iii) lost or unavailable network connections; or (iv) failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Proof of entry in accordance with the Entry instructions outlined herein does not constitute proof of delivery or receipt of an Entry. Sponsor reserves the right to modify the scheduling of this Contest without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter this Contest is prohibited and will result in the disqualification of Entries and/or any Entrant using such means. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the email account is registered on the date the Entry is submitted.
3. Entry Conditions and Restrictions: By submitting your Entry into the Contest, you grant Sponsor a perpetual non-exclusive license to use your Entry, and you acknowledge and agree that Sponsor may use, or not use, your Entry, or any part of it, in any manner, in any media, at any time, in their sole discretion, including in a commercial manner and in advertising and promotions, and you forever release and discharge Sponsor Parties from any liability whatsoever associated with any such usage. In addition to any other requirements set forth in these Official Rules, in order to be deemed eligible for participation, each Entry and/or the entrant submitting it must meet the following conditions and restrictions:
- The Entrant must be the author of all the contents in each Entry unless otherwise quoted or noted in the text.
The Entry must only depict the Entrant or, if it depicts individuals other than the Entrant, the Entrant shall be deemed to have represented to Sponsor that it has received permission from the other individual(s) to include all mentions described in the Entry and agrees to fully indemnify and defend Sponsor in connection therewith. Entrant understands that it is responsible for all content provided in the Entry and each Entry represents a truthful depiction of the Entrant’s actions.
- The Entry must not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or constitute or suggest the infringement of any copyright or any and all other forms of intellectual property.
- The Entry must not contain any content that is sexually explicit, offensive, illegal, pornographic or obscene or that features, promotes or suggests the use or abuse of drugs, alcohol, tobacco, firearms or other harmful substances or otherwise is in bad taste or is otherwise objectionable to Sponsor, as determined by Sponsor in its sole and absolute discretion.
- The Entry must be original to the Entrant and not be based on any third party texts and must not contain any recognizable art or other copyrighted materials, or third party logos, trademarks or other commercial or advertising content, other than those of Sponsor.
- The Entry must not disparage Sponsor or any other person or entity, as determined by Sponsor in its sole and absolute discretion.
- The Entry must not depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other classification.
- The Entry must not depict material that is unlawful, morally objectionable or that is in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
Sponsor in its sole and absolute discretion shall determine if any Entry or part thereof is inappropriate for any reason for public release or publication. Sponsor shall have the right to disqualify any Entries that it deems to not meet the criteria, or due to technical, legal, clearance or other problems, or which it deems to be obscene, pornographic, demeaning or otherwise not in good taste, or otherwise in breach of the above rules, as determined by Sponsor in its sole and absolute discretion.
Entries may be referred to herein as an “Entry” and collectively as “Entries”. Any individual submitting an Entry as detailed above shall be referred to herein individually as an “Entrant” and collectively as “Entrants”.
4. Privacy: Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules.
5. Contest Winner Determination: Contest Winner determination will be done in the below stated fashion.
Sponsor will review the Entries properly submitted during the Entry Period. Sponsor will select the top ten (10) Entries, as determined by the Sponsor in its sole and absolute discretion (the “Contest Party Selections”).
A board of judges to be selected in the sole and absolute discretion of Sponsor and under the direction of the Sponsor, will review the Contest Party Selections. The judges will then choose their top five (5) favorite Entries from the Contest Party Selections as determined in their sole and absolute discretion, taking into account the following criterion:
- Ongoing community service or volunteering efforts
- Achievements that have made a meaningful impact in your community or beyond
- How your community service inspires others
Judging is scheduled to be completed on or about 12/12/16. The decisions of Sponsor will be final and binding in all matters related to the Contest.
- Subject to Sponsor’s right to extend the Entry Period, the five (5) Entries selected by the judges pursuant to the process described above (“Selected Entries”) will be announced publicly on or about 1/5/17.
Potential prize winner(s) will be notified by message to the email address associated with the potential prize winners. Subject to Sponsor’s right to extend the Entry Period, notification is scheduled to take place by the end of the day on 12/16/2016.
The potential prize winner(s) (or potential prize winner’s parent or legal guardian if a potential prize winner is a minor in the legal jurisdiction in which he or she resides) may be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (collectively the “Required Documents”) within the time period stated in the notification. In addition, any other individuals whose likenesses appear in the Entry may also be required to sign a Publicity Release which shall also constitute a Required Document. The Affidavit of Eligibility/Release of Liability may require that the potential prize winner to provide his/her Social Security Number for tax purposes due to potential payments from Sponsor to the potential prize winner and will be used solely for such tax purposes. If a potential prize winner cannot be contacted within five (5) days after the first attempt to contact him/her, or if he/she fails to return all Required Documents (including those signed by third parties, if necessary) within the required time period, or if he/she is otherwise ineligible to receive the prize, an alternate Entrant may be selected in his/her place among all remaining Selected Entries received or no prize will be awarded, at Sponsor’s sole and absolute discretion.
All federal, state and local tax liabilities, if any, are the responsibility of any prize winners. Submission of a Entry constitutes permission (except where prohibited) for Sponsor to use the prize winner’s name, photograph, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, including the right to edit, modify, adapt, or manipulate winner’s Entry in any manner in connection therewith, without additional compensation, notice or limitation of any kind.
Prizes (each a “Scholarship”) are non-transferable and non-assignable except in Sponsor’s sole and absolute discretion. The winner’s Scholarships will be paid by Sponsor directly to an appropriate and eligible university, college or other institution of higher education on behalf of the winner. Such payment to be made by check. It is the Entrant’s sole responsibility to provide proof of enrollment in a university, college or other institution of higher education and an Entrant will not be eligible to claim a winning prize if no proof of enrollment exists. Because the Entrants will not be enrolled at a university, college or other institution of higher education at the time of the Contest Period or the selection of the winners, no winner will have any immediate right or interest in a Scholarship until such winner obtains acceptance from an acceptable university, college or other institution of higher learning therein and matriculates, such determination to be made by Sponsor via the National Student Clearinghouse service known as “Verification Services”. If Sponsor is unable to confirm any valid record of enrollment by winner in an eligible university, college or other institution of higher education, Sponsor will have no obligation whatsoever to make any payment of the Scholarship and will not be held liable for any and all liabilities, damages (consequential or otherwise), and/or economic loss stemming from such non-payment. Sponsor will determine eligible universities, colleges or other institutions of higher learning in its sole and absolute discretion. No prize substitution is allowed by the prize winner. Prizes may not be sold, bartered or exchanged by prize winner except as may be allowed by Sponsor in its sole and absolute discretion. Prizes are provided “as is” and without any warranty of any kind. By accepting a prize, the prize winner acknowledges compliance with these Official Rules.
6. Prizes (“Scholarship”):
- Five (5) Grand Prize Winners: Ten-Thousand and No/100 Dollars ($10,000.00) Scholarship payable to an eligible university, college or other institution of higher education.
- Round-trip coach class airfare (direct or indirect flights, such selection to be made in the sole and absolute discretion of Sponsor), a two (2) night hotel stay at one of the Montage locations in the continental United States and a Three Hundred and No/100 Dollars ($300.00) daily food and beverage credit (tax and gratuity included) before Dec. 1, 2016 (the “Prize Trip”). The Prize Trip must be redeemed during the aforementioned dates. The Prize Trip is not redeemable for cash or any other form of consideration, and is not transferrable to parties other than winner. Each winner shall select one (1) legal guardian to accompany such winner by providing written notice to Sponsor within ten (10) business days of receiving the Scholarship. Each winner may not substitute another person to accompany winner on the Prize Trip without the prior written approval of Sponsor, which Sponsor may withhold in its sole and absolute discretion. If such a substitution by such winner is attempted and Sponsor withholds its consent to such substitution, Sponsor shall not be liable for any liabilities, damages (consequential or otherwise) and/or economic loss stemming from the withholding of such consent.
- Montage Magazine’s spring 2017 issue shall feature each winner.
The approximate retail value (“ARV”) of all prizes is Sixty-Five Thousand and No/100 Dollars ($65,000.00). The winner’s Scholarships will be paid by Sponsor directly to the eligible university, college or other institution of higher education on behalf of the winner. Such payments to be made by check.
7. Force Majeure: Releasees (defined below) shall not be liable to a prize winner or any other person for failure to supply the prize or any part thereof, 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 the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Releasee’s sole control.
8. Release: By entering this Contest, Entrants agree that Releasees (as defined below) shall not be liable for personal injuries, death, dismemberment, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest, or from acceptance of or use or inability to use a prize or parts thereof, including without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, dismemberment, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Prize winners: (a) release the Releasees from any and all liability and responsibility with respect to a prize (including any property loss, damage, personal injury or death); and (b) acknowledge the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a prize.
Sponsor and any and all Internet server(s) and Internet access provider(s), telephone service providers, and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees, members, managers, principals, attorneys, and agents (collectively, “Releasees”) are not responsible for any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access any other third party website; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any email address or for any other reason whatsoever; mail that is late, lost, stolen, misdirected, mutilated or postage due; typographical, printing or other errors; or any combination thereof. Proof of uploading an Entry (as detailed above) is not considered proof of delivery or receipt. Illegible, incomplete and, mechanically dysfunctional Entries will be disqualified. All Entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. Entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys’ fees) resulting from acceptance, use, or misuse of the Scholarship or element thereof, or from participation in this Contest. By entering the Contest, Entrants affirm that they have read and accepted these Official Rules.
9. GENERAL: ANY VIOLATION OF THESE OFFICIAL RULES BY ANY ENTRANT OR WINNER OR ANY BEHAVIOR BY ANY ENTRANT OR WINNER THAT MAY BRING ENTRANT, WINNER, SPONSOR AND/OR PROMOTION PARTIES INTO DISREPUTE (IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION) WILL RESULT IN THE ENTRANT’S OR WINNER’S DISQUALIFICATION AS AN ENTRANT OR WINNER OF THE CONTEST AND ALL PRIVILEGES AS AN ENTRANT (IF ANY) OR A WINNER WILL BE IMMEDIATELY TERMINATED.
If for any reason this Contest is not capable of running as planned, or if this Contest or any website or email address associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. In the event this Contest is cancelled, the Sponsor will proceed to the judging process stated above and judge all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation in order to determine the prize winners (in Sponsor’s sole and absolute discretion).
The Releasees are not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest, including attempts by Entrants to influence voting. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, whether by technical means or otherwise, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY EMAIL ADDRESS, WEB SITE OR APP, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND ANY AND ALL OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email account to receive email messages. Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her email address does not work or if it is changed without Entrant giving prior written notice to Sponsor.
NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. Entries, or views of Entries, generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be subject the Entry to disqualification. Entries or other Contest materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion.
10. Governing Law/Limitation Of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By entering the Contest, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States located in Orange County, California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. EACH PARTY HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS WHICH IT MAY HAVE TO MAKE ANY OBJECTIONS BASED ON JURISDICTION, VENUE, OR SUFFICIENCY OF PROCESS TO ANY SUIT BROUGHT TO ENFORCE THIS AGREEMENT IN ACCORDANCE WITH THE FOREGOING PROVISIONS. EACH PARTY WAIVES, TO THE FULL EXTENT PERMITTED BY LAW, THE RIGHT TO A JURY TRIAL IN ANY LITIGATION CONCERNING THIS AGREEMENT OR ANY DEFENSE, CLAIM, COUNTERCLAIM, CLAIM OF SET-OFF OR SIMILAR CLAIM OF ANY NATURE.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED TO ENTRANT OR RECOVERABLE BY ENTRANT; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. ENTRANT HEREBY AGREES THAT ANY AND ALL CLAIMS AGAINST SPONSOR WILL BE FILED IN ORANGE COUNTY, CALIFORNIA.
11. Attorneys’ Fees. Should any litigation or other dispute resolution process be commenced by any Entrant or Sponsor or their representatives concerning any provision of these Official Rules or the Contest or the rights and duties of any person or entity in relation thereto, Sponsor shall, if it is the prevailing in such litigation, whether by final judgment or out-of-court settlement, be entitled to, in addition to such other relief as may be granted to it, an award of all reasonable attorneys’ fees and costs incurred in such litigation or proceeding, including, without limitation, fees and costs incurred with regard to post-judgment motions, appeal, contempt proceedings, garnishment, levy and debtor and third-party examinations, discovery, and bankruptcy litigation.
13. Winners List: For an Official winners List (scheduled to be available after 1/05/16), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “Montage Memories Markers Contest” (please specify Official Winner’s List or Official Rules), c/o Montage Hotels & Resorts, 1 Ada Parkway, Suite 250, Irvine, CA 92618. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request. Official Rules are also available at http://www.montagehotels.com/montage-memory-makers-scholarship/ during the Entry Period.
(©)2016 Montage Hotels & Resorts, LLC. All Rights Reserved.