Homewood Moments
Contest Rules:
HOMEWOOD BY HILTON
SIMPLE MOMENTS/SUMMER LEISURE CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY
The “Homewood by Hilton Simple Moments/Summer Leisure” Contest (“Contest”) is sponsored by Hilton Hotels Corporation, 755 Crossover Lane, Memphis, TN 38117 (“Sponsor”). The Contest is governed by these official rules. By participating in the Contest, each entrant agrees to be bound by these official rules and the decisions of the Sponsor and judges which are final and binding. The Contest is subject to all applicable federal, state, provincial and local laws and regulations.
ELIGIBILITY: The Contest is only open to legal residents of Canada (excluding Quebec) and the 50 United States and the District of Columbia who have reached the age of majority in their jurisdiction of residence at the time of entry. Sponsor, its employees, officers and directors, and its parents, affiliates, subsidiaries, consultants, agents, and participating advertising agencies and suppliers (collectively, “Contest Entities”), as well as their immediate families (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and persons living in the same household as such individuals, whether or not related, are not eligible to enter or win. Void in Quebec and where prohibited by law.
CONTEST PERIOD: Contest will start at 12:01 am Central Time (“CT”) on April 15, 2008 and end at 11:59 pm CT on July 18, 2008 (“Contest Period”).
HOW TO ENTER: To enter visit www.homewoodmoments.com (the “Contest Website”) and follow the on-screen directions to upload a video of no more than two (2) minutes (the ‘Video”) or a photograph (the “Photo”) showing you and/or your family on vacation (Both the Video and Photo shall be referred to as the “Snapshot”) and write a short caption in no more than 300 characters (including spaces) that describes the scene in your Snapshot (the “Caption”) The Snapshot, Caption and all accompanying submitted information shall be referred to as the “Entry”. Entry must be submitted during the Contest Period. Entrant must have a valid e-mail address. Limit fifteen (15) Entries per person. An email address may only be used to submit one (1) Entry regardless of the number of persons who share the email address. Entries received in excess of this entry limitation will be void. In the event that more than one Entry is received with the same or nearly identical Snapshot, only the first such Entry received will be eligible. Photos must be submitted in .JPG format. Videos must be submitted in .MOV, .MPEG or .AVI format. Photo and Video files not to exceed 50mb. Entries must not contain individuals other than family members from whom entrant has obtained permission to submit the Entry in connection with this Contest in accordance with these Official Rules. All Entries become the property of Sponsor and will not be returned. By entering the Contest, entrants understand that all Entries may be posted on the Contest Website for viewing by the general public and otherwise used by Sponsor and its designees as otherwise set forth herein. Sponsor does not guarantee the posting of any Entry and reserves the right not to post an Entry for any or no reason.
For the purposes of this Contest and these official rules, “receipt” of an Entry occurs when Sponsor’s servers record the Entry information upon clicking the “enter” or “submit” button at the bottom of the entry form. Sponsor’s clock is the official clock for this Contest. Any automated computer receipt (such as a “thanks for entering message”) does not constitute proof of actual receipt of an entry by Sponsor. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to register with the Contest Website will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Modifying, enhancing, or altering a third party’s preexisting work does not qualify as an entrant’s original creation. If the Entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Entrant must further obtain permission from any recognizable person who appears in the Snapshot to submit the Entry in this Contest in accordance with these Official Rules. If any recognizable person appearing in the Snapshot is under the age of majority in his/her state or province of residence, the entrant must obtain such permission from his/her parent or legal guardian. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time.
Entries must comply with the following content guidelines to be eligible:
- Content may not be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
- Content may not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content may not be obscene or offensive, endorse any form of hate or hate group;
- Content may not defame, misrepresent or contain disparaging remarks about Sponsor, or other products, people or companies;
- Content may not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Content may not contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
- Content may not contain materials embodying the names, likenesses, photographs, or other indicia of any person, living or dead, without such person’s permission;
- Content may not communicate messages or images inconsistent with the reputation, positive image and/or goodwill to which Sponsor wishes to associate; and Content may not depict and may not itself be in violation of any law or regulation.
- Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion, including its determination that an Entry does not comply with the requirements set forth herein.
ENTRANT’S REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants that Entry depicts members of the entrant’s family only and each entrant represents that all persons depicted in any Entry provided entrant with permission to submit the Entry in this Contest. Entrant represents and warrants that Entry is his/her original Snapshot and has been legally created and that entrant owns all right, title and interest in the Entry and has the authority to grant to Sponsor the rights provided in these official rules. Entrant warrants and represents that the Snapshot does not infringe upon the intellectual property, privacy or publicity right or any other legal or moral right of any person or entity, or violate any laws, rules or regulations. Without limiting the generality of the foregoing, entrant represents that use and distribution of Entry by Sponsor, including without limitation posting Entry on Sponsor’s Website and in any billboard advertising of Sponsor and Sponsor’s products/services, will not infringe the rights, including the intellectual property, publicity/privacy rights or other rights, of any third parties including, but not limited to, the persons depicted in the Snapshot. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest, to its posting on the Contest Website, its display on an outdoor billboard and to its use as otherwise set forth herein.
CONDITIONS OF PARTICIPATION: By entering this Contest, and to the extent allowed by law, Entrants grant Sponsor and its licensees the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the Entries (including without limitation the Snapshot) in perpetuity in any and all media including but not limited to digital and electronic media, print media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration. Entrants waive and release Sponsor, from any and all claims that Entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Entries without further compensation to Entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its licensees, on the grounds that any use of any Entry, or any derivative works, infringe or violate any of the Entrants’ rights therein.
WINNER ASSIGNMENT: By accepting a prize in this Contest, the Winner agrees to assign to Sponsor all right, title and interest to his/her Snapshot, including, without limitation, all intellectual property and other proprietary rights of the Snapshot without expectation of compensation or acknowledgment. Winners agree to complete and submit to Sponsor or its designee any requested documentation to ensure the transfer of copyright of the Snapshot to Sponsor by the deadline requested by Sponsor.
RELEASE: Each entrant agrees to release the Released Parties (as defined below) from any and all claims, demands, or causes of action relating to this Contest including, but not limited to, defamation and violation of any rights of publicity or privacy in the use by Sponsor or any of its designees of any Entry, or the names and likenesses as provided therein. Sponsor reserves the right to modify or edit any Entry, in whole or in part, for content, clarity or any other reason, and entrant waives any and all “moral rights” in and to his/her Entry. Sponsor further reserves the right to decline to release or use any Entry for any reason, in its sole discretion. Entrants (including without limitation winners) agree that there is no guarantee that Sponsor will make use of any rights granted herein.
WINNER SELECTION: Round 1: All eligible Entries received will be judged by a panel of qualified judges. The judges will evaluate each eligible Entry based on the following criteria: (1) twenty-five percent (25%) based on originality; (2) twenty-five percent (25%) based on creativity; (3) twenty-five percent (25%) based on Photo/Video quality; and (4) twenty-five percent (25%) based on expression of the “Simple Moments” concept (“Judging Criteria”). The thirty (30) Entries that receive the highest scores, as determined by Sponsor, will be deemed “Semi-Finalists” and advance to Round 2. In the event of a tie, such tied Entries will be re-judged by an additional tie-breaking judge using the Judging Criteria to determine the Semi-Finalists. Sponsor reserves the right to select fewer than thirty (30) Semi-Finalists and/or not award any or all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. All decisions of the judges are final and binding in all respects. Round 2: All Semi-Finalist Entries will be judged by media editors in accordance with the Judging Criteria. The ten (10) Semi-Finalist Entries that receive the highest scores, as determined by the media editors, will be deemed “Finalists” and advance to Round 3. In the event of a tie, such tied Entries will be re-judged by an additional tie-breaking judge using the Judging Criteria to determine the Finalists. Sponsor reserves the right to select fewer than ten (10) Finalists and/or not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Round 3: All Finalists will be posted on the Contest Website between 12:01 a.m. CT on or around August 5, 2008 and 11:59 p.m. CT on or around August 31, 2008 (“Online Voting Period”), where eligible visitors to the Contest Website will have a chance to vote for their favorite Finalist. By submitting a vote, voters agree to be bound by the Voting Terms and Conditions. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. The three (3) Finalists receiving the highest number of votes, as determined by Sponsor, will be deemed the winners, subject to verification of eligibility and compliance with the terms of these rules. Decisions of Sponsor are final and binding.
WINNER NOTIFICATION: Potential winners will be contacted by phone, email address or postal address (within Sponsor’s sole discretion) according to the contact information provided on their entry forms. If a potential winner cannot be contacted within five (5) business days following attempted notification or the prize notification is returned as undeliverable, the potential winner may be disqualified and, at Sponsor’s discretion, a runner-up may be notified. Each potential winner will be required to sign an Affidavit of Eligibility (or, if a resident of Canada, a Declaration), a Release of Liability and Publicity, and Copyright Assignment Agreement (collectively, the “Winner Documentation”). The Winner Documentation must be fully completed and returned within ten (10) calendar days following date of issuance, or the potential winner may be disqualified and, at Sponsor’s discretion, a runner-up may be notified.
PRIZES (3): Each winner will have the opportunity to have his/her Snapshot featured in New York City, New York in Times Square on a rotating electronic billboard between around October 1, 2008 and October 31, 2008 advertising Sponsor and/or Sponsor’s products/services. Each winner will also receive a 2-night/3-day trip for four (winner and up to three (3) travel companions) to New York City during such time. Trip includes round trip coach air transportation for up to four (4) people from major airport nearest winner’s residence, standard hotel accommodations for two (2) nights (two (2) rooms, double occupancy), and ground transportation to/from airport and hotel. Each winner will also receive Seven Hundred Fifty Dollars (US$750.00) spending money (awarded as a check). Winner is solely responsible for all expenses and fees associated with prize acceptance and use not specifically provided herein, including, without limitation, ground transportation, meals and gratuities. WINNER IS RESPONSIBLE FOR ALL TAXES ON PRIZE. The approximate retail value of each prize is US$5,000. Actual value depends on location of winner’s residence and dates of travel. The trip must begin and end at same airport nearest winner’s residence. Travel and accommodations are subject to availability. Selection of airport, airline and hotel accommodations will be made through Sponsor’s agent and at the sole discretion of Sponsor. Winners and travel companions must travel on dates specified by Sponsor or prize will be forfeited. Winner and his/her travel companions must travel together on the same itinerary. Winner and travel companions are responsible for obtaining and must possess and show valid travel documents prior to departure. If travel companion is a minor, s/he must be accompanied on the trip by his or her parent or legal guardian. Travel companions must sign a liability/publicity release prior to ticketing. Parent or legal guardian of minor travel companion must sign a Release of Liability/Publicity on behalf of himself/herself and on behalf of the minor prior to travel. If Sponsor is unable to display Winner’s Snapshot in Times Square on a rotating electronic billboard between the dates provided above, no compensation or substitution will be provided; however, remainder of prize package will be awarded and Sponsor will have no further obligation to such winner. No substitution or transfer of a prize will be permitted, except that Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per household.
ADDITIONAL LIMITATIONS: Contest Entities and their respective officers, directors, agents and representatives (collectively, “Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries, videos, photos, captions or votes; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the Contest Website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulating of votes, the announcement of the prizes or in any Contest-related materials. Mass Entries or votes or Entries or votes generated by a script, macro or use of automated devices may, at Sponsor’s discretion, be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated early, at Sponsor’s discretion, determine the winners among all non-suspect, eligible Entries received up to time of cancellation using the judging procedure outlined above. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entry) it finds to be tampering with the Entry process or the operation of this Contest or website, intending to annoy, abuse, threaten or harass any other contestant, Sponsor or any of its representatives or to otherwise be acting in violation of these official rules. CAUTION: Any attempt by an individual to deliberately damage any website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages and other such remedies from any such individual to the fullest extent permitted by law.
INDEMNIFICATION AND LIMITATION OF LIABILITY: BY PARTICIPATING, ENTRANTS AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE (OR ANY TRAVEL OR ACTIVITY RELATED TO) OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON COPYRIGHT/TRADEMARK INFRINGEMENT, PUBLICITY/PRIVACY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER OR ACTS OF TERRORISM OR FOR ANY OTHER REASON. RELEASED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZES. EACH WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
PUBLICITY: By submitting an Entry, each entrant grants Sponsor and those acting under its authority permission to use the entrant’s name, likeness, Entry, entry specifics or comments for advertising and publicity purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without payment of additional consideration, notification or permission, except where prohibited by law.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of entrants or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the state of California, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venues for all suits will be in federal or state courts located in Los Angeles, California.
INTELLECTUAL PROPERTY: The Contest and all related web pages, content and code are copyrighted by Sponsor or a third party. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited.
WHO WON: The name of the winners shall be posted on the Contest Website for a period of approximately one (1) month, beginning October 1, 2008. A list of the names of the winners may also be obtained by mailing a request, along with a self addressed stamped envelope, to: Homewood Simple Moments, 755 Crossover Lane, Memphis, TN 38117 within thirty (30) days of the end of the Contest Period. Canadian residents may omit return postage.
