BAYMONT BUDDY OF THE YEAR
OFFICIAL RULES


NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW, RULE, OR REGULATION, AND OUTSIDE THE UNITED STATES. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. Baymont Franchise Systems, Inc., 22 Sylvan Way, Parsippany, New Jersey 07054 (“Baymont”) is the sponsor of this Contest (“Contest Sponsor” or “Sponsor”) and Citizen Relations Inc., 250 Hudson St, 2nd Floor, New York, NY 10013 is the administrator of the Sweepstakes (the “Contest Administrator”).
These Official Rules for the BAYMONT BUDDY OF THE YEAR contest (the “Official Rules”) govern all aspects of participation in the BAYMONT BUDDY OF THE YEAR contest (the “Contest”). By entering this Contest, Participant agrees to be bound by these Official Rules and the decisions of the Contest Sponsor, the Contest Administrator, and/or its judges, which shall be final in all respects.
These Official Rules constitute a binding legal agreement in electronic form between you (“you,” “your” “yourself” and/or “Participant”) and Baymont (“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 their participation in the Contest at any time with immediate effect and without written notice.
1. ELIGIBILITY:
a. To participate in the Contest, you must be a legal resident of the United States who is 21 years of age or older.
b. 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.
c. You are not eligible to participate if you are: (a) an employee, officer, director, representative or agent of the Contest Sponsor, Contest Administrator, and their respective parents, 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 and the Contest Administrator, 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.
d. Participant must be able to travel and complete a trip to Albuquerque, New Mexico between November 1, 2023 – February 29, 2024 (location subject to change within the continental U.S.) where they will participate in a photoshoot along with their pet at a Baymont property.
2. CONTEST PERIOD: The Contest begins at 8:00 AM Eastern Daylight Time (“ET”) on August 22, 2023 and ends at 11:59:59 PM (ET) on September 19, 2023 (the “Contest Period”).
3. HOW TO ENTER: During the Contest Period, Participants must complete and submit an entry via baymontbuddy@wyndham.com or at www.baymontinns.com/buddy (the “Contest Website”) with the information and materials described below (the “Submission”). By submitting your entry, you confirm that you are eligible to and will participate according to these Official Rules. Entries are limited to one per person.
a. Submit a photo(s) of your dog;
b. Brief description (no more than 250 words) about why your dog is the ideal candidate to be the Baymont canine ambassador;
c. Your full name;
d. Your email; and
e. Your place of residency in the United States.
Each Participant is permitted one contest entry. 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 data rates may apply for participants accessing the www.baymontinns.com/buddy on their mobile device. Proof of sending a submission will not be deemed to be proof of receipt by Contest Sponsor.
4. ENTRY CONDITIONS AND RESPONSIBILITIES OF WINNER:
a. By entering this Contest, you represent, warrant, and agree that you are the lawful owner of your dog, and that your Submission: (a) is 100% original and was created solely by you and (b) has not been previously published; (c) has not received previous awards; (d) does not infringe defame or invade the publicity or privacy rights of any third party, living or deceased; and (e) complies with the policies and the restrictions set forth below and on the Contest Website. Contest Sponsor reserves the right to disqualify any Submission or Participant and/or their Nominee(s) that does not comply with these Official Rules as solely determined by Contest Sponsor. In addition, Contest Sponsor shall have the right to refuse any Submission for any reason, in its sole discretion.
b. You understand and agree that by submitting your Submission, you are granting to Contest Sponsor and its licensees, successors and assigns (and you represent that you have the right to grant to them) a non-exclusive, perpetual, worldwide, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, license to display on the publicly accessible Contest Website your first name and last initial, city/state stated in your Submission, and to otherwise use, copy, modify, adapt, edit, publish, make, sell, create derivative works of and create any other material based on or derived from, incorporate into other works, communicate to the public, distribute (through multiple tiers), perform and display the Submission in whole or in part, in any form, manner, venue, media, or technology now known or later developed, anywhere in the world, in perpetuity, for any lawful purpose, including, without limitation, for purposes of advertising and promotion, without any additional compensation. You further acknowledge and agree that if Sponsor does use your Submission, you shall not be entitled to any credit, consideration, notice or payments of any kind. You waive any moral rights you may have to the Submission and agree that if Sponsor elects to use the Submission for any purpose, all rights under copyright or other intellectual property rights which may result from that relating to your Submission or from use of the same by Sponsor shall be the sole property of Sponsor.
c. Without limiting the generality of the foregoing, Contest Sponsor, at its sole discretion, may post some or all of the Submissions (in their original or in edited form) on the Contest Website.
d. Contest Sponsor shall have the right to select any Submission as finalists for any reason, in its sole discretion.
e. You understand and agree that by submitting your Submission, you are able to travel to Albuquerque, New Mexico between November 1, 2023 – February 29, 2024. Location is subject to change; however photoshoot will take place at a U.S.-based Baymont property. Winner will be given three week’s notice to confirm travel date and coordinate travel prior to photoshoot.
f. Each Submission must:
i. Include photo of your dog; If people are included in the photo and you are selected as a Winner you will be responsible for securing the individual's consent for the Sponsor to use the photo for commercial purposes. Failure to do so shall deem the submission inadmissible.
ii. Include brief description (no more than 250 words) about why your dog is the ideal candidate to be the brand’s ambassador
iii. 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
iv. Be received during the Contest Period. The Contest Sponsor’s computer is the official timekeeping device for this Contest.
h. The Winning Participant must execute and deliver an Independent Contractor Agreement, which will irrevocably assign to Contest Sponsor all rights, including but not limited to, copyrights in the Submission and rights of publicity of all persons appearing in the Submission, thereby transferring ownership of the Submission to Contest Sponsor, and contain other provisions customary to such agreements (the “Independent Contractor Agreement”), and consistent with the terms of 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
i. By submitting an entry, you agree that such entry, communications or Submission, creative suggestions, ideas, notes, concepts or other materials that you may submit to Contest Sponsor or otherwise post in connection with this Contest, including all rights embodied therein, whether sent via email or some other means, with the exception of personally identifiable information as identified in Sponsor’s Privacy Policy, are deemed to be non-confidential and non-proprietary and Sponsor shall have no obligation of any kind with respect to such Submission. If any use by Sponsor of the Submission causes it to liable to any third-party, you agree to indemnify Sponsor and its agents, employees, affiliates, subsidiaries, representatives and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the Submission. Submissions will not be returned to Participants.
5. CONTEST JUDGING: Eligible entries received during the Contest Period will be judged by a panel of three (3) judges selected by Sponsor (the “Judging Panel”) with one judge designated the Head Judge. The Judging Panel will select the winner based on overall eligibility requirements and compliance with the following Phases: Phase 1: photo of the dog (50%), and written submission of why dog is the ideal candidate to be the Baymont 2023 canine ambassador (50%); and Phase 2: virtual “interview” of the top two candidates (both dog and owner) chosen from Phase 1.
Round 1 (on or about September 25, 2023): The judging panel will select two submissions with the highest scores based on the scorecard criteria above. Following, the Administrator will contact the two Participants via email to schedule a live video interview.
Round 2: The candidates must complete a live video interview with the judging panel and, in Sponsor’s sole discretion, Sponsor representatives, no later than 4:59:59 PM (ET) on September 29, 2023. Based on their responses, the Judging Panel will select one (1) winner by 11:59:59 PM (ET) on or about October 17, 2023. In the event of a tie score among eligible entries, the Head Judge will pick the winner in their sole discretion. In the event all selected candidates are deemed ineligible by the Judging Panel for any reason in their sole discretion, alternate candidates may be selected from among the remaining eligible entries until a winner has been identified.
6. WINNER SELECTION: The Judging Panel will select one (1) potential winner on or about October 17, 2023.
7. AWARD PACKAGE DETAILS:
a. Award Package consists of the following:
i. Two (2) nights of lodging at Baymont hotel provided in the form of Wyndham Rewards® points that shall be deposited into winning Participant’s Wyndham Rewards® account prior to the start of winning Participant’s trip; the amount of Wyndham Rewards points awarded is subject to the Wyndham Rewards® redemption rate at the selected hotel, which varies by location.
ii. Five thousand dollars ($5,000 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(h) 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 in 4(g) above.
iii. Five thousand dollars ($5,000 USD) to cover all travel related expenses (air and ground), excluding lodging, to fulfill the winning Participant’s obligations; and
iv. Wyndham Rewards Diamond Level Membership for one year.
b. Approximate retail value of prize: $10,390. 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.
f. Winner must be or become a Wyndham Rewards member in order to receive (i) the Wyndham Rewards points redeemable for 2 nights of lodging at Baymont by Wyndham hotels; and (ii) the Wyndham Rewards Diamond level membership status associated with the award package. The Wyndham Rewards loyalty program is free to join. To join and for terms and conditions of the program, go to http://wyndhamrewards.com.
8. NOTIFICATION: Potential winner will be notified on or about October 17, 2023 by email at the email address provided at the time of entry by the Contest Sponsor or Contest Administrator, or at a later date in the event that the Contest Sponsor or Contest Administrator is unable to contact the selected potential winner (any such notification, an “Award 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;
c. sign and return the Independent Contractor Agreement (the “Agreement”) to the Contest Sponsor’s designated agent by email within three (3) days 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 notified by the Contest Sponsor in writing, the fact that entrant has been selected as the Contest winner;
d. furnish proof of identification and residency, in the form of a drivers’ license or other form of government-issued photo identification.
9. 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 Independent Contractor Agreement by the required deadline; (ii) accept the award as awarded; (iii) 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 (iv) 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 award. 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 award. Only three (3) alternate winner selections will be made, after which the award 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:
a. The Contest Sponsor and its authorized agents will collect, use, and disclose the personal information provided upon registration and entry into the Contest for the purposes of administering the Contest and prize fulfillment, in accordance with the Contest Sponsor’s privacy policy, available at https://www.wyndhamhotels.com/about-us/privacy-notice-more-info.
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.
12. DISCLAIMER:
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 October r 31, 2023, send a stamped, self-addressed envelope for receipt by December 31, 2023 to: Kimberly Stohl, Citizen Relations Inc., 250 Hudson St., 2nd Floor, New York, NY 10013. Vermont residents may exclude return postage.
15. CONTACT US: The Contest is administered by Citizen Relations Inc., 250 Hudson St, 2nd Floor, New York, NY 10013. For any questions related to the Contest, please contact Contest Administrator by phone at 212-613-4907, or by email at kimberly.stohl@citizenrelations.com.