Official Rules
Kimtpon's Vero Beach Hotel & Spa "Wet Hot Summer" Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINING.
1. Contest Period: Vero Beach Hotel and Spa ("VBHS")'s ‘Wet Hot Summer' Contest (the "Contest") will begin 12:00 a.m. Eastern Time ("EST") on Monday, August 1, 2011 and will end at 11:59:59 p.m. Eastern Time ("EST") on Sunday, August 14, 2011.
2. Eligibility: The Contest is open to all legal residents of the 50 United States and the District of Columbia who are 21 years old or older at the time of entry. Employees, officers and directors of VBHS (all collectively "VBHS Parties"), and their immediate families (parents, children, siblings, spouses) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. The Contest is void in Rhode Island, outside the continental United States, and where prohibited by law, regulation, statute or other appropriate authority, and is subject to all applicable federal, state and local laws
3. Prizes: The photo with the most "likes" will win a two-night stay in a 1-bedroom suite at VBHS. Winner can redeem their prize through August 15, 2012.
Total estimated retail value for this contest: $600
4. Prize Restrictions: No cash redemption, substitution or transfer of any prize by winner(s) is permitted. In the case of unavailability of prize, VBHS reserves the right to substitute a prize of equal or greater value.
5. How to Participate: During the Contest Period, a contestant ("You") may submit an illustrative photo of you doing any aquatic activity that keeps your summer cool.
(A) Wet Hot Summer Contest Requirements
- Photo and name of contestant must be submitted via email to SummerSplash@krepspr.com
- Photo submission must be representative of the participant's aquatic activity. All entries must include a photo and a name.
- Once your photo and name are submitted, it is considered final and may not be modified or edited by you.
You agree that you shall not submit anything that contains, in VBHS' sole opinion, (i) distasteful, disparaging or obscene language, photographs or film (ii) nudity (iii) photographs or film of trademarks and/or logos not belonging to the VBHS Parties (unless you are permitted to do so in writing by the owners of such trademarks or logos) (iv) language, photos or film that is injurious to another party and/or may damage another party's reputation and/or (v) any submission that doesn't truly reflect the contest rules. You acknowledge that VBHS expressly conditions its acceptance of your submission on your agreement of the preceding sentence, and if it is discovered that you have violated such agreement, VBHS reserves the right to disqualify your submission.
Each contestant may submit only ONE photo and name. Multiple entries will be disqualified.
(B) Public Voting
Voting is open to the public daily during the Contest Period. You may vote once.
At the close of the voting period, the winner will be chosen based on the number of "likes" their photo has.
6. Winner Selection:
The contest winner will be notified on Monday, August 15, 2011.
If the contest winner does not reply to any notification within forty-eight (48) hours, such contest winner, may in the sole discretion of VBHS, be disqualified and an alternate contest winner may be selected. Contest winners will then be announced publically on Monday, August 15, 2011.
7. Grant of Rights: Except where prohibited, by participating in the Contest and regardless of whether you are a winner, you grant VBHS an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your name, signature, likeness, photograph(s), as well as additional photographs, video footage or other images that VBHS may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose VBHS shall elect, in any and all media now known or hereinafter developed, including but not limited to the VBHS website, press releases, social media sites, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
8. Entrant Representations, Warranties, Indemnification and Release: By entering, each entrant represents and warrants to VBHS that his/her entry is (i) completely the original work of the entrant and was written or filmed solely by the entrant, (ii) not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Entrant agrees to defend and indemnify VBHS Parties for any breach of the above representations. By submitting an entry, each entrant agrees to indemnify, defend, release, discharge and hold harmless VBHS and its parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, and the officers, directors and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the entrant's concept.
9. Release: You hereby release and discharge VBHS its employees, its owner (Vero Hotel Management, LLC), manager (Kimpton Hotel & Restaurant Group, LLC) and each of their owners, managers, agents, affiliates, successors and assigns ("VBHS Parties") from any and all claims, liabilities, demands or causes of actions that it may have or may from now on for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement. You agree that VBHS shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Image in its Use, and to rearrange and/or transpose the Image, and to use a portion or portions of Image together with any other literary, dramatic, digital or other material of any kind. You enter into this agreement voluntarily, without coercion or duress.
You agree that you shall be responsible for obtaining the same above consent from all persons that will be named, photographed or filmed in your submission, and in addition to the general indemnity set forth below, specifically agree to indemnify VBHS for any claims arising out of your failure to gain such consent.
10. Additional Terms: VBHS Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability for you to enter a submission to the Contest, including any injury or damage to your or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
VBHS reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. VBHS reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Contest or web site. VBHS may prohibit a participant from participating in the Contest or winning if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or VBHS Parties. In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted by the authorized Facebook account holder of submission.
11. Vero Beach Hotel and Spa: Vero Beach Hotel and Spa, 3500 Ocean Drive, Vero Beach, FL 32963. For the name of the winners, or to submit any other questions or comments relating to the Contest, email SummerSplash@krepspr.com.
