The Presidential Sweepstakes begins 9:00 am Eastern Standard Time ("EST") on October 24, 2016 and ends at midnight EST on February 20, 2017 (the “Entry Period”). The sponsor of this Sweepstakes is Wyndham Hotel Group, LLC, 22 Sylvan Way, Parsippany, NJ 07054 (the “Sponsor”). The Sweepstakes shall be subject to these Official Rules and by entering, all participants agree to be bound by the terms and conditions herein (“Official Rules”).
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS, A VALID EMAIL ACCOUNT, AND A WYNDHAM REWARDS MEMBERSHIP NUMBER REQUIRED TO WIN. SUBJECT TO ALL FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS, REGULATIONS AND ORDINANCES. Void outside the United States and where prohibited by law.
The "Presidential Sweepstakes" Sweepstakes (the "Sweepstakes" or "Promotion") is open only to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico who are at least eighteen (18) years old or the age of majority in their state of permanent residence as of October 10, 2016 ("you" or "Entrants"). Void outside the fifty (50) United States, the District of Columbia, Puerto Rico and where prohibited by law. Employees of Wyndham Hotel Group, LLC ("WHG") or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state, municipal and local laws, regulations and ordinances. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. How to Enter
There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. During the Entry Period, go to the Welcome Desk/Front Desk of the Wyndham® San Diego to check-in. Complete the official entry form and deposit it in the entry box provided. Limit one (1) entry per person, Wyndham Rewards account or household. Multiple entries will invalidate all entries submitted by that entrant. The guest name associated with the Wyndham Rewards account on the reservation is the person who will be entered into the Sweepstakes. Entries become the property of the sponsor and will not be returned.
To enter without making a stay, hand print your name, Wyndham Rewards number, address, city, state/province, zip/postal code, country, telephone number, date of birth, email address, and Name of the participating Wyndham Hotel on a plain 3" x 5" piece of paper, insert it into an envelope, affix postage and mail it to: Presidential Sweepstakes, Wyndham® San Diego, 1355 N Harbor Dr., San Diego, CA 92101 to receive one (1) entry into the Sweepstakes. Entries must be hand-addressed, postmarked by February 20, 2017 and received by February 28, 2017 to be eligible for the Sweepstakes random drawing. Mechanically reproduced or photocopied mailed entries are automatically void. Incomplete entries are void. Limit one (1) mailed entry per envelope. Incomplete or untimely entries are void and will be disqualified.
Sponsor is not responsible for lost, late, incomplete, illegible, postage-due, mistranscribed, damaged, stolen or misdirected entries or other errors. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the member assigned to the Wyndham Rewards account used to enter the Sweepstakes will be deemed the entrant or participant. The "authorized Wyndham Rewards account holder" is the natural person assigned to a Wyndham Rewards number. Potential winner may be required to show proof of being the authorized Wyndham Rewards account holder. Potential winners specifying an invalid, non- working, or inactive email address will be disqualified and ineligible to win.
3. Selection of Winners
On or about March 1, 2017, one winner will be randomly selected from among all eligible entries received/postmarked by February 20, 2017 throughout the Entry Period. Drawings will be conducted by the General Manager of the Wyndham® San Diego, whose decisions are final and binding on all matters related to the Sweepstakes. The odds of winning depend on the total number of eligible entries received/postmarked throughout the Entry Period.
4. Winner Notifications
Potential winners will be notified by email. Prize winners will be sent via email an Affidavit/Declaration of Eligibility, Liability & Publicity Release (where legal) (“Affidavit/Declaration”) and will be required to compete, sign and return Affidavit/Declaration via email/fax within three (3) days of being notified in order to claim his/her/their prize. If a potential winner fails to return the Affidavit/Declaration within the required time period, or the prize notification is returned undeliverable, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries received/postmarked throughout the Entry Period.
Potential winners must be an active Wyndham Rewards Member. Potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete.
5. Prize and Approximate Retail Value (“ARV”)
One (1) Grand Prize of forty five thousand (45,000) Wyndham Rewards bonus points will be awarded. Approximate retail value (“ARV”) of Grand Prize is $495.00.
Prize Restrictions: Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize becomes unavailable. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the prize winners. Grand Prize winners from the United States will be issued a 1099 tax form for the actual retail value of prize. Wyndham Rewards Points are subject to terms and conditions, which can be found at www.wyndhamrewards.com. Winners are required to be Wyndham Rewards Program members in order to enter and receive (and redeem) Wyndham Rewards points.
The ARV is an estimate made before the Sweepstakes begins. The Winner will not receive cash or any other form of compensation if actual hotel costs are less than the estimate made in these Official Rules. Incidentals and other hotel fees are not included and if applicable may be payable at the time of check-out by the Winner. A deposit or payment in advance, or presentation of a credit card by the Winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel.
6. Entry Conditions and Release
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to an Entrant's participation in the Sweepstakes and/or Entrant's acceptance, use or misuse of prize.
Except to the extent prohibited by law, participation in the Sweepstakes constitutes Winner's consent to Sponsor's and its agents' use of Winner's name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
8. General Conditions
Sponsor at its sole discretion reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes 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.
9. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, 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 or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (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 any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Sweepstakes. No more than the stated number of prizes will be awarded.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Without limiting Section 6 hereof, or any other term or condition of these Official Rules, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of the Prize Winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in Morris County, 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 attorneys' fees; and (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE MAY NOT APPLY TO YOU. 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 New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
11. Entrants Personal Information
12. Sweepstakes Results
For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to Winners List - Wyndham Rewards Presidential Sweepstakes, c/o Mohini Merchant, Wyndham Worldwide, 22 Sylvan Way, Parsippany, New Jersey 07054. Requests for the winner list must be received by March 15, 2017. DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS ADDRESS.
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