Photo Contests (the “Contest” or the “Contests”) will be held throughout the calendar year by Pointes North Beachfront Resort Hotel, 2211 U.S. 31, Traverse City, MI 49684 US(“Hotel” and “Sponsor”). Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners. Voting ends at approximately midnight UTC (Coordinated Universal Time) at the beginning of the final day of the contest voting period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points will not determine the final winners chosen.
2. WHO MAY ENTER
Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry, Employees of Hotel, and subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible. CONTEST IS VOID WHERE PROHIBITED.
3. HOW TO ENTER
Each eligible guest will receive an email notification with a unique link to a website that allows him or her to participate in the Contest.
Each entry must comply with the following requirements (the "Photograph Requirements"):
•Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest.
•Photographs must have been taken during your recent stay at Hotel within six(6) months before the date of entry and may not previously have won an award in any photo contest.
•Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided that entrants must be prepared to provide a release form as described below in "Release". When photographing the work of others, it must be as an object in its environment and not a full-frame close up of another person's art.
• The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the photograph.
• The photograph must not, in the sole and unfettered discretion of Hotel, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
•Watermarks are not acceptable and will result in disqualification of the photo.
The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received within the Contest(s)deadline(s). Proof of submission is not proof of receipt. Entries must be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, internet domain owner, or other person or organization (e.g.,business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.Hotel reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.
4.PHOTOS WITH PEOPLE IN THEM
Photos with people in them may or may not be accepted into the Contest(s) if they are personally recognizable to the Judges.
5. VOTING RULES
6. CONTEST PRIZES
First Prize: One First Prize will be awarded to the top photo as chosen by the judges panel. The First Prize will consist of:
(1) 1-Night Stay in a King Jacuzzi Studio Overlooking The Bay
Restrictions and blackout dates apply
Runner Up Prize: Two Runner Up Prize(s) will be awarded to the additional photos that best fit the contest theme as chosen by the judges’ panel. The Runner Up Prize will consist of:
(1) $40 Room Credit Towards a Future Stay of Two Nights or More
Restrictions and blackout dates apply
Prize Restrictions : Limit one (1)prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Booking for prizes based upon availability. Some restrictions apply.
Statement of winning odds: 3 prize(s) will be awarded out of total number of entries.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BYE-MAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
7. GENERAL CONDITIONS
This Contest is governed by the laws of the United States. Void where prohibited by law and outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND 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. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and (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.
All submitted photos will be reviewed by a member of the Hotel staff to qualify which photos advance as finalists in the competition. Submissions that earn a higher number of points will have better odds of winning, but the winning submissions will ultimately be chosen by a member of the Hotel staff at their sole discretion. Voting ends at approximately midnight UTC (Coordinated Universal Time) at the beginning of the final day of the contest voting period. When deciding the winners, we will judge each entry based on the creativity of the photo and each point earned. Total points will not determine the final winners chosen.
9. RELEASE OF LIABILITY
By entering the Contest, entrant agrees to hold Sponsor, Pointes North Beachfront Resort Hotel, and its hotels/franchises, and their affiliates and subsidiary companies, franchisees, consultants, website providers, legal counsel, fulfillment and marketing, public relations, promotional and advertising and Contest agencies and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) harmless by entrants against any liability for injuries, losses or damages of any kind to persons, including personal injury or death, or property caused or resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in the Contest, any Contest-related activity, or by acceptance or use of a prize(including any travel or activity-related thereto), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete entries or entries not received for any reason or for electronic transmission errors resulting in mission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any photo or essay or in any Contest-related materials. The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, or interruptions due to Acts of God, acts of war, natural disasters, weather, or terrorism. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Page or any web site. Persons who tamper with or abuse any aspect of the Contest or Web site, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. By participating in this Contest, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Contest or the downloading from and/or printing material downloaded from such site.
By participating, you further agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
10 PUBLICITY RELEASE
Except where prohibited by law, participation in the Contest constitutes winner’s grant to Sponsor (which grant will be confirmed in writing on request of Sponsor), and the Released Parties the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at anytime or times, the winner’s entry, name, portrait, picture, voice, likeness, opinions and biographical information (including but not limited to hometown and state) for advertising, trade, and promotional purposes related to the Participating Hotel where the entry was submitted (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
All entries that are uploaded and made available for viewing by the general public will be deemed posted at the direction of the entrant within the meaning of theDigital Millennium Copyright Act and the Communications Decency Act.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST 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.
Hotel assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Hotel is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
In the case of entrants who are Australian or UK residents, the preceding two clauses do not operate in respect of any implied condition or warranty the exclusion of which from these Official Rules would contravene any Australian or UK statute or cause any part of these Official Rules to be void.
11. GOVERNING LAW
Except where prohibited by law, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with thisContest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the jurisdiction where the Sponsor property is located; (2) 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 attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 theContest, shall be governed by, and construed in accordance with, the laws of the Sponsor’s state of jurisdiction, without giving effect to any choice of law or conflict of law rules, which would cause the application of laws of any jurisdiction other than the jurisdiction where the Sponsor property is located.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the state of Massachusetts and the forum for any dispute shall be in Boston, MA. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from orin connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void ifHotel determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) that Hotel may use the winning photographs and each Entrant’s name, photograph, likeness, personal data (see number 13 below)and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law).All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) o n prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the “Contest Prizes” Rules above, or refuses the prize, the prize will be forfeited and Hotel, in its sole discretion, may choose whether to award the prize to another entrant.
Hotel reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these OfficialRules or who tampers with the entry process. Failure by Hotel to enforce any of its rights at any stage does not constitute a waiver o f those rights.
12.RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Hotel that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Hotel reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Hotel elects to cancel or terminate the Contest, Hotel will not retain an y rights in the submitted photographs, and will return the fees submitted with each Entry.
Winners will be notified and their winning submissions will be available online seven(7) business days after the end of the Contest.
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by Hotel in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Hotel by writing to Pointes North Beachfront Resort Hotel at Attn: Marketing Department, 2345 US 31 N.,Traverse City, MI 49686 . Personal data will be used by Hotel and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Hotel to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Pointes North Beachfront Resort Hotel Attention: Marketing Department, 2211 U.S. 31, Traverse City, MI 49684 US. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Hotel to such individual.