“HoJo Happiest Holidays” Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.
The “HoJo Happiest Holidays” Sweepstakes (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, or otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Howard Johnson International, 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”). The following are not eligible to participate in this Sweepstakes: (i) employees, officers, agents, attorneys and representatives of the Sponsor, the Administrator, their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies (such individuals and entities, collectively, the “Released Parties”), (ii) 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 employee, officer, agent, attorney or representative described in the foregoing clause (i) . Non-eligibility and/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 Sponsor and Administrator (together, and each individually), which shall be final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01am Eastern Standard Time (“EST”) on December 10, 2018 and ends at 11:59:59pm EST on December 22, 2018 (“Sweepstakes Period”). There are (4) Entry Periods:
· Entry Period 1: Begins 12:00:01am EST on December 10, 2018 and ends at 11:59:59pm EST on Decembers 12, 2018.
· Entry Period 2: Begins 12:00:01am EST on December 13, 2018 and ends at 11:59:59pm EST on Decembers 15, 2018.
· Entry Period 3: Begins 12:00:01am EST on December 17, 2018 and ends at 11:59:59pm EST on Decembers 19, 2018.
· Entry Period 4: Begins 12:00:01am EST on December 20, 2018 and ends at 11:59:59pm EST on Decembers 22, 2018.
Each of the 1st Entry Period, the 2nd Entry Period, 3rd Entry Period and 4th 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, and there will be one (1) drawing per Entry Period per platform, 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/hojo), and commenting on Sponsor’s Sweepstakes post (which will carry the hashtag or otherwise be labeled: “HoJo Happiest Holidays Sweepstakes”) with a theme-applicable response to Sponsor’s post (as determined by Sponsor in its sole discretion) , using the hashtag: #HappiestHolidaysSweepstakes (each, a “Facebook Sweepstakes Post”). Each Facebook Sweepstakes Post from an eligible Entrant will result in one (1) Sweepstakes entry for such Entrant. 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, photos or other content deemed inappropriate by the Sponsor in its sole discretion will have their comments/photos/content deleted and be disqualified.
Entry via Instagram:
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/hojo) and responding to Sponsor’s Sweepstakes post (which will carry the hashtag: #HappiestHolidaysSweepstakes) on Entrant’s own Instagram page with a theme-applicable video or still photograph post (as determined by Sponsor in its sole discretion) using the #HappiestHolidaysSweepstakes hashtag and tagging @hojo (each, an “Instagram Sweepstakes Post”). Each Instagram Sweepstakes Post from an eligible Entrant will result in one (1) Sweepstakes entry for such Entrant. There is a limit of one (1) entry 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 posting comments, photos or other content deemed inappropriate by the Sponsor in its sole discretion will have their comments/photos/content deleted and/or 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, but, as more particularly described below, entries and drawings will be separated by platform. Non-winning entries from an Entry Period will not roll over into any subsequent Entry Period and there is a limit of one (1) prize per person throughout the Sweepstakes Period.
All information submitted by Entrants (via any entry method) will be treated according to Sponsor’s privacy notice, available at https://www.wyndhamhotels.com/hojo/about-us/privacy-notice. By participating in the Sweepstakes and providing any applicable contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Notice.
By entering the Sweepstakes, each entrant grants Sponsor a non-exclusive, royalty-free, irrevocable right to reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, feature and otherwise use the entrant’s comments, posts, photos, videos, captions and/or other content comprising such Entrant’s Facebook Sweepstakes Entry and/or Instagram Sweepstakes Entry, as applicable (collectively, the “Materials”), without restriction and without compensation, notification, or additional consent from entrant or any third party. (Facebook Sweepstakes Entries and Instagram Sweepstakes Entries may each occasionally be referred to in these Official Rules as an “entry” or collectively as “entries”.) Entrant warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Materials (in whole or in part) will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, or create claims for breach of contract, anywhere in the world. Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Materials.
The Materials cannot disparage or adversely affect the goodwill and business reputation of Sponsor, its rewards program and/or its associated hotel services. The Materials must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. The Materials must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (c) encourages or provides instructional information about illegal activities or (d) references any brand name products or services, or any third party logo or other intellectual property, with the exception of products and services offered by, and/or logos of, Sponsor. Entrant acknowledges that Entrant will not receive any compensation of any kind for his/her entry. Materials generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete, or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties, Facebook and Instagram 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 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: On or about the day that is one (1) day after the conclusion of each Entry Period, one (1) potential winner will be selected in a random drawing from among all eligible entries received on Facebook during such Entry Period, and one (1) potential winner will be selected in a random drawing from among all eligible entries received on Instagram during such Entry Period (each, a “Drawing”), for a total of eight (8) Drawings. Odds of winning a prize will depend on the total number of eligible entries received on the applicable platform during the applicable Entry Period. 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 a tagged comment on Sponsor’s Facebook page or Instagram page, depending on where the applicable entry originated. .
PRIZES: Eight (8) prizes on offer (one (1) per Drawing): thirty thousand (30,000) Wyndham Rewards points. Approximate retail value (“ARV”) of each prize: $150; total ARV of all prizes: $1,200.00.
Winners must be or become a Wyndham Rewards member in order to receive prize. The Wyndham Rewards loyalty program is free to join and open to individuals 18 years or older. To join and for terms and conditions of the program, go to http://wyndhamrewards.com.
The prizes consist only of the items described above. Sponsor in no way partners, sponsors, or endorses any brands of which the prizes are manufactured/produced. 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 ARV of the prizes set forth above represents Sponsor’s good faith determination of the approximate retail value 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.
The potential prize winners will be contacted by Sponsor via Facebook or Instagram message on Sponsor’s Facebook or Instagram page. IT IS THE ENTRANT'S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER FACEBOOK AND INSTAGRAM PRIVACY SETTINGS SO AS TO RENDER THEIR POSTS VIEWABLE BY SPONSOR, AND ENTRY INTO THIS SWEEPSTAKES WILL BE DEEMED ENTRANT’S CONSENT TO BE CONTACTED BY SPONSOR IN THE MANNER SET FORTH ABOVE.
PRIZE CONDITIONS: Potential winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity form within seven (7) days of date of attempted notification. By accepting a prize, the winners agree to release and hold harmless the Released Parties and Facebook from and against any claim or cause of action arising out of the awarding, delivery, receipt, use and/or misuse of the prize(s) awarded. Each winner will 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, if a winner fails to execute and deliver the Affidavit of Eligibility/Release of Liability/Publicity form (if any) within the above-referenced or any other stated deadline, 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, to the extent 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 December 31, 2018, to: Questus/HJH “#HappiestHolidaysSweepstakes” Sweepstakes 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 or Instagram.