OFFICIAL RULES NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.
The #FOMOtoYOLOSweepstakes (the “Sweepstakes”) is intended for legal United States residents and shall only be construed and evaluated according to applicable federal law and New Jersey state law. Do not enter this Sweepstakes if you are not located in, and a legal U.S. resident, and otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Days Inn Worldwide, Inc., 22 Sylvan Way, Parsippany, NJ 07054 (the “Sponsor”) and administered by Questus, 1050 Sansome St. FL 4, San Francisco, CA 94111 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open and offered to legal U.S. residents who have reached the age of majority in their state of residence at the time of entry (the “Entrants”). Employees, officers, agents, attorneys and representatives of the Sponsor, Questus, the Administrator, (collectively, the “Released Parties”) their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Administrator, which shall be final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01am Eastern Daylight Time (“EDT”) on November 1, 2018 and ends at 11:59:59am Eastern Standard Time (“EST”) on March 31, 2019 (“Sweepstakes Period”), and will be broken out into five (5) entry periods as follows:
Entry Period 1 begins at 12:00:01 a.m. EDT on November 1, 2018, and ends at 11:59:59 p.m. EST on November 30, 2018 (the “1st Entry Period”).
Entry Period 2 begins at 12:00:01 a.m. EST on December 1, 2018, and ends at 11:59:59 p.m. EST on December 31, 2018 (the “2nd Entry Period”).
Entry Period 3 begins at 12:00:01 a.m. EST on January 1, 2019, and ends at 11:59:59 p.m. EST on January 31, 2019 (the “3rd Entry Period”).
Entry Period 4 begins at 12:00:01 a.m. EST on February 1, 2019, and ends at 11:59:59 p.m. EST on February 28, 2019 (the "4th Entry Period");
Entry Period 5 begins at 12:00:01 a.m. EST on March 1, 2019, and ends at 11:59:59 p.m. EST on March 31, 2019 (the "5th Entry Period");
Each of the 1st Entry Period, the 2nd Entry Period, 3rd Entry Period, 4th Entry Period and 5th Entry Period will occasionally be referred to hereinafter individually as an “Entry Period” and collectively as the “Entry Periods”.
During the Sweepstakes Period, Entrants can enter on Facebook and/or Instagram, as more particularly set forth below. For clarity, entry does not require a purchase or payment of any kind.
Entry via Facebook:
Entrants must have a Facebook account in order to enter via Facebook. If a prospective Entrant is not already a member of Facebook, he/she may visit www.facebook.com and follow the links and instructions to become a Facebook member. Once the eligible Entrant has become an active Facebook member, they may enter the Sweepstakes by visiting the Sponsor’s Facebook page (https://www.facebook.com/daysinn), and commenting on Sponsor’s Sweepstakes post (which will carry the hashtag: #FOMOtoYOLOSweepstakes) with entrant’s own fear-of-missing-out (“FOMO”) moments, and/or you-only-live-once (“YOLO”) moments, taggingDays Inn and using the #FOMOtoYOLOSweepstakes hashtag (each, a “Facebook Sweepstakes Post”). Each theme-applicable comment (as determined by the Sponsor in its sole discretion) from an eligible Entrant that is tagged with Days Inn and carries the #FOMOtoYOLOSweepstakes hashtag will result in one (1) Sweepstakes entry. There is a limit of one (1) entry per Facebook Sweepstakes Post, but no limit to the number of unique Facebook Sweepstakes Posts any one eligible Entrant can post (i.e., each unique Facebook Sweepstakes Post from a single eligible Entrant will result in an entry into the applicable Entry Period for such Entrant, but a duplicated Facebook Sweepstakes Post from an Entrant will not result in an additional entry for such Entrant). Anyone found to be using multiple email addresses/Facebook accounts will be disqualified. Anyone posting comments or photos deemed inappropriate by the Sponsor will have their comments / photos deleted and be disqualified.
Entry via Instagram:
Eligible Entrants must have an Instagram account in order to enter via Instagram. If a prospective Entrant is not already a member of Instagram, he/she may visit www.instagram.com and follow the links and instructions to become an Instagram member. Once the eligible Entrant has become an active Instagram member, they may enter the Sweepstakes by visiting the Sponsor’s Instagram page (https://www.instagram.com/daysinn) and responding to Sponsor’s Sweepstakes post (which will carry the hashtag: #FOMOtoYOLOSweepstakes) on entrant’s own Instagram page with a video or still photograph post depicting Entrant’s own FOMO and/or YOLO moments, tagging Days Inn and using the #FOMOtoYOLOSweepstakes hashtag (each, an “Instagram Sweepstakes Post”). Each theme-applicable post (as determined by the Sponsor in its sole discretion) from an eligible Entrant will result in one (1) Sweepstakes entry. There is a limit of one (1) entry per per Instagram Sweepstakes Post, but no limit to the number of unique Instagram Sweepstakes Posts any one eligible entrant can post (i.e., each unique Instagram Sweepstakes Post from a single eligible Entrant will result in an entry into the applicable Entry Period for such Entrant, but a duplicated Instagram Sweepstakes Post from an Entrant will not result in an additional entry for such Entrant). Anyone found to be using multiple email addresses/Instagram accounts will be disqualified. Anyone posting comments or photos deemed inappropriate by the Sponsor will have their comments / photos deleted and be disqualified.
Subject to all terms and conditions of these Official Rules, for clarity, Entrants may enter during any one (1) or more Entry Periods via one (1) or both of Facebook and Instagram. Non-winning entries from an Entry Period will not roll over into any subsequent Entry Period.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, 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 of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
DRAWING AND NOTIFICATION OF POTENTIAL WINNERS: Following the conclusion of the end of each month of the Entry Period, one (1) Winner will be selected in a random drawing from among all eligible entries received on or about the end of each month of the Entry Period. Odds of winning a Prize will depend on the total number of eligible entries received at the time of each drawing. Each drawing will be conducted by the Administrator, whose decisions are final and binding. The potential Prize Winners will be contacted by the Sponsor via Facebook or Instagram.
PRIZES: One (1) winner will be selected per Entry Period (five (5) winners total) to receive: an American Express/Visa/MasterCard gift card (Approximate Retail Value (“ARV”) of $750), along with 30,000 Wyndham Rewards points. ARV of each such points award - $300). Total ARV of all prizes: $5,250.00.
The Prizes consists only of the items described above. All costs associated with the use of the Prize(s) that is not expressly described as being included with the Prize are the Winners’ responsibility. The value of the Prizes set forth above represents Sponsor’s good faith determination of the ARV thereof and such determination is final and binding and cannot be appealed. If the actual value of a Prize turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE WINNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a Prize (or Prize component) with another Prize of equal or greater value.
PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize(s) awarded. The Winners will each be responsible for all local, state, and federal taxes associated with the receipt of their accepted Prize. The Winners are solely responsible for all matters relating to Prizes after they are awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential Winner is not in compliance with these Official Rules, then such potential Winner shall be disqualified and an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(s).
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator and Sponsor in connection with the Sweepstakes 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 Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, 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 Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant 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) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. 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.
SEVERABILITY: 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.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, for receipt by January 30, 2019, to: Questus/HJH
#FOMOtoYOLOSweepstakes Winners List Request, 1050 Sansome St. FL 4, San Francisco, CA 94111.
This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Facebook.