BAYMONT BUDDY OF THE YEAR
Effective April 6, 2021
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE CONTEST SPONSOR AND/OR ITS JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
These terms and conditions for the BAYMONT BUDDY OF THE YEAR (the “Official Rules”) govern all aspects of participation in the BAYMONT BUDDY OF THE YEAR (the “Contest”), effective as of the date set forth above. The Contest is void where prohibited by law and outside the United States.
These Official Rules constitute a binding legal agreement in electronic form between you (“you,” “your” “yourself” and/or “Participant”) and Baymont Franchise Systems, Inc. (“we,” “us” and/or “our”) and its successors and assigns. Participation in the Contest constitutes your acknowledgement and acceptance of these Official Rules. If a Participant is found in violation of any of the Official Rules, we reserve the right to suspend or cancel his/her participation in the Contest at any time with immediate effect and without written notice.
This Contest is sponsored by Baymont Franchise Systems, Inc., 22 Sylvan Way, Parsippany, NJ 07054 (the “Contest Sponsor” or “Sponsor”).
a. To participate in the Contest, you must be a legal resident of the U.S who is 21 years of age or older. Without limiting any other term of these Official Rules, we reserve the right, in our sole discretion, to disqualify any Participant who we reasonably believe has tampered with or abused any aspect of the Contest, or who failed to comply with any of these Official Rules.
b. You are not eligible to participate if you are: (a) an employee, officer, director, representative or agent of the Contest Sponsor, its parent, subsidiaries, related or affiliated companies or any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest (collectively with the Contest Sponsor, the “Contest Parties”); (b) a member of the immediate family (spouse, parent, child, sibling, grandparent, and/or “step”) whether related through blood, marriage, common law, civil union or adoption, regardless of residence) or household (whether related or not), of
any of the above individuals.
2. CONTEST PERIOD (i.e. duration of the Contest): The Contest begins at 8:00 AM Eastern Daylight Time (“ET”) on April 6, 2021 and ends at 11:59:59 PM (ET) on May 4, 2021 (the “Contest Period”).
3. HOW TO ENTER: During the Contest Period, the Contest Sponsor will invite participants to submit entries by emailing email@example.com or at www.baymontinns.com/buddy with the information and materials described below. By submitting your entry you confirm that you are eligible to and will participate according to these Official Rules.
To be considered as a Participant, applicants need to submit the following by 11:59:59 PM (ET) on May 4, 2021:
a. a photo(s) of their dog
b. brief description (no more than 250 words) about why their dog is the ideal candidate to be the Baymont’s first ever ambassador.
c. your full name;
d. your email; and
e. your place of residency.
Any attempt by any Participant to obtain more than the permitted number of entries by using multiple and/or different identities or any other method will void all of that Participant’s entries and that Participant may be disqualified at Contest Sponsor’s discretion. Multiple Participants are not permitted to share the same email address. Standard message and data rates may apply for participants accessing the www.baymontinns.com/buddy (the Contest Website”) on their mobile device. Proof of sending a submission will not be deemed to be proof of receipt by Contest Sponsor.
In the event of a dispute over the identity of an entrant, the entry will be considered made by the Registered Owner (as defined in below) of the email address used for entry. “Registered Owner” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization/individual that is responsible for assigning email addresses for the domain associated with the submitted email address.
4. ENTRY CONDITIONS AND RESPONSIBILITIES OF WINNER:
a. Each entry must:
i. Include photo of the dog;
ii. Include brief description (no more than 250 words) ab out why their dog is the ideal candidate to be the brand’s first ever ambassador;
iii. Not misrepresent the Contest Sponsor or any of its products, or other people, products or companies, or communicate messages inconsistent with the positive images and/or goodwill associated with the Contest Sponsor, as determined by the Contest Sponsor in its sole discretion;
iv. Be Participant’s photo (which is an original work, created solely by you, and over which you have sole ownership and all necessary rights, title and interest, including copyright)and not include or infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and
v. Be received during the Contest Period. The Contest Sponsor’s computer is the official timekeeping device for this Contest.
b. Winning participant must:
i. Execute and deliver an independent contractor agreement with Citizen Relations Inc. (Sponsor’s third party agency) which will irrevocably assign to Sponsor all rights, including but not limited to, copyrights in the Submission (as defined in Section 4(c) below), thereby transferring ownership of the Submission to Sponsor, and contain other provisions customary to such agreements (the “Independent Contractor Agreement”);
ii. Execute and deliver the Release (as more specifically set forth in Section 8 below);
iii. In accordance with the Independent Contractor Agreement, have their dog engage in a professional photoshoot conducted by (or on behalf of) Contest Sponsor and consent to the dog being the featured star of the Contest Sponsor’s marketing campaign; and
iv. In accordance with the Consulting Agreement, be available for any media interview.
d. By entering, you warrant and represent that your Submission: (i) is an original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright (excluding content provided by the Contest Sponsor, if applicable); (ii) has not been previously published; (iii) has not received previous awards; (iv) does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and (v) that publication of the Submission via various media, including without limitation publicly on the Internet, will not infringe the rights of any third party. Entrant agrees to indemnify and hold the Contest Sponsor and the Contest Parties harmless from any claims to the contrary.
5. CONTEST JUDGING: Eligible entries received during the Contest Period will be judged by a panel of 3 branding experts selected by Sponsor (the “Judging Panel”), who will select the potential winner based on the following two phases: Phase 1: photo of the dog,(50%), and written submission of why dog is the ideal candidate to be the Baymont’s first ever ambassador.(50%); and Phase 2: virtual “interview” of the top 5 candidates (both dog and owner) chosen from Phase 1. The 5 Participants whose entries score the highest in Phase 1 will be selected to proceed to Phase 2 and the Participant who then scores the highest in Phase 2 will be selected as the potential winner.
6. WINNER SELECTION: The Judging Panel will select one (1) potential winner on or about June 1, 2021.
7. PRIZE DETAILS:
a. Prize: There is one (1) prize available to be won, consisting of the following:
i. Accommodations, meals, local transportation and activities (but not air travel) for two nights, three days to a U.S. destination (exact dates, hotel property and destination to be mutually agreed upon by Sponsor and prize winner), which shall not exceed in the aggregate $1,500.00.
ii. Two thousand five hundred dollars ($2,500 USD) cash, in the form of a check payable to the winner, which will be paid in consideration for the completion of all obligations set forth under Section 4(b) above. Payment will be sent net 60 days after the latest to occur of (i) complete execution and delivery of the Independent Contractor Agreement; (ii) Agency’s receipt of a completed supplier packet and W9 from winner; and (iii) completion of the Professional Photoshoot set forth above.
iii. Wyndham Rewards Diamond Level Membership for one year.
b. Approximate retail value of prize: $4,000. Any and all items not specifically noted herein as being included in the prize, including, without limitation, insurance, and gratuities are NOT INCLUDED and will be the sole responsibility of prize winner. Only the number of prizes stated in these Official Rules is available to be won in the Contest.
c. Tax consequences, if any, resulting from the winner’s acceptance of the prize shall be the sole responsibility of the winner.
d. Winner must accept prize as awarded by the Contest Sponsor or prize will be forfeited and awarded to an alternate entrant, at the Contest Sponsor’s sole discretion. Prizes cannot be transferred or substituted, except at the Contest Sponsor’s sole discretion. Unclaimed prize will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, the Contest Sponsor reserves the right to substitute prize with another prize of equal or greater value.
e. In the event winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, Sponsor reserves the right to terminate the travel early, and send winner home with no further obligations or compensation whatsoever to winner (which may, in Sponsor’s sole discretion, result in such winner’s disqualification from the Contest and forfeiture of any and/or all of the prize. In the event winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct.
8. NOTIFICATION: Potential winner will be notified between June 1, 2021 and June 15, 2021 by email at the email address provided at the time of entry by the Contest Sponsor or its designated agent, or at a later date in the event that the Contest Sponsor is unable to contact a selected entrant (any such notification, a “Prize Notification”). Without limiting any term of these Official Rules, in order to be declared the official winner, a potential winner must:
a. respond to the Prize Notification within forty-eight (48) hours after it is sent;
b. sign and return a Declaration and Release form (the “Release”) to the Contest Sponsor’s designated agent by email within forty-eight (48) hours of receipt that, among other things (a) confirms compliance with the Official Rules, and (b) confirms that the selected entrant will keep strictly confidential until December 31, 2021 or, if notified by the Contest Sponsor in writing, another date and time during the Contest Period, the fact that entrant has been selected as the Contest winner;
c. sign and return the Independent Contractor Agreement within such time period as shall be designated by Contest Sponsor; and
d. furnish proof of identification, in the form of a drivers’ license or other form of government-issued photo identification.
If the Contest Sponsor or its agents are unable to reach the selected entrant within the time given, attempted notification is returned as undeliverable, selected entrant misrepresents the Contest Sponsor or any of its products, or if selected entrant fails to: (i) return to the Contest Sponsor a duly completed Release by the required deadline; (ii) return to the Contest Sponsor a duly executed Independent Contractor Agreement by the required deadline; (iii) accept the prize as awarded; (iv) keep the entrant’s selection as a potential winner and other information about the Contest strictly confidential until otherwise permitted by the Contest Sponsor; or (v) otherwise comply with these Official Rules, the selected entrant may be disqualified and the next highest scoring entrant may be selected who will be subject to disqualification in the same manner, at the Contest Sponsor’s sole discretion and provided sufficient time remains. If an entrant is disqualified, he/she forfeits the chance to win the prize. Should a winner make any false statement(s) to the Contest Sponsor, or is otherwise found to have engaged in conduct contrary to these Official Rules, the winner may be required to promptly return to the Contest Sponsor his/her prize. Only three (3) alternate winner selections will be made, after which any remaining prize will remain un-awarded.
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Without limiting any term of these Official Rules, upon executing the Independent Contractor Agreement, the winner’s Submission will become the property of the Contest Sponsor and will not be returned.
9. RIGHT TO SUSPEND/MODIFY/TERMINATE: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Contest Sponsor reserves the right to (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
10. LIMITATIONS OF LIABILITY AND RELEASE:
a. No liability or responsibility is assumed by the Contest Sponsor or the other Contest Parties resulting from entrant's participation in or attempt to participate in the Contest, ability or inability to upload or download any information in connection with the Contest, or from the disruption of third party services such as mail delivery. No responsibility or liability is assumed by the Contest Sponsor or the other Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Contest Website in whole or in part for any reason; traffic congestion on the Internet or the Contest Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Sponsor and the other Contest Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or entries, the judging of entries, the announcement of the prizes or in any Contest-related materials. Use of the Contest Website is at user’s own risk. The Contest Sponsor and the other Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer or video equipment resulting from participation in the Contest.
b. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, participants, Agency and Contest Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of New Jersey, 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 or jurisdiction’s laws. By participating in the Contest, Participant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Participant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief as well as a trial by jury. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
c. By accepting any prize, recipient agrees that the Contest Sponsor, the other Contest Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by winner against any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any prize. The Contest Sponsor and the other Contest Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, labor disruption, acts of war or terrorism, or any other condition beyond their control.
d. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST WEBSITE, OR OTHERWISE INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. PRIVACY AND PUBLICITY RELEASE:
b. By accepting a prize, winner consents to the publication and use of their name (and their dogs’ name), address (city, province), voice, statements, photographs (including of their dog), image and/or likeness in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, point of sale materials, radio, television, product packaging and on the Internet for any purpose in connection with the Contest including, without limitation, for the purposes of advertising and trade, and promoting the Contest Sponsor and its products
and services, without further notice or compensation.
NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, PRINCIPALS, VENDORS, SERVICE PROVIDERS, REPRESENTATIVES AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CONTEST (INCLUDING, WITHOUT LIMITATION, CITIZEN RELATIONS, INC.) (COLLECTIVELY, THE “WYNDHAM ENTITIES”), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY CONTEST ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE WEB SITE FOR THE CONTEST, PARTICIPATE IN THE CONTEST, OR CLAIM ANY CONTEST ITEM OR EXPERIENCE. THE WYNDHAM ENTITIES WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE CONTEST SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE CONTEST WEB SITE OR INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
13. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to his or her Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
14. WINNERS LIST: For a list of the winner available after December 31, 2021, send a stamped, self-addressed envelope for receipt by January 31, 2022 to: Kimberly Stohl, Citizen Relations Inc., 32 Avenue of the Americas, 4th Floor, New York, NY 10013. Vermont residents may exclude return postage.
15. CONTACT US: The Contest is administered by Citizen Relations Inc., 32 Avenue of the Americas, 4th Floor, New York, NY 10013 (“Agency”). For any questions related to the Contest, please contact us by phone at 212-613-4907, or by email at firstname.lastname@example.org.