“My Opal Moment”
Opal Collection Photo Contest
Entry, Participation, and Official Rules
The “My Opal Moment” Opal Collection Photo Contest (“Contest”) is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. No purchase necessary to participate. Void outside the 50 United States, District of Columbia and where prohibited by law. Applicable federal, state, provincial and local laws and regulations apply. Taxes, customs duties and like amounts, in connection with the prize is the responsibility of the winner.
I. Preliminary Information
a. The Contest will begin at 12:01 a.m. Eastern Time ("ET") on July 16, 2014 and end at 11:59 p.m. ET on September 30, 2014 ("Contest Period"). All times in the Contest refer to ET. Odds of winning depend upon the number of eligible entries received. Contest is subject to all applicable federal, state, and local laws.
a. To be eligible to participate (herein “Eligible”), entrants must, at the time of entry, be a legal resident of, and located within, one of the 50 United States or the District of Columbia and be 18 years of age or older and fully comply with all terms and conditions set forth herein. Officers, directors, and employees of Contest Entities (as defined below) along with any of their respective immediate family members (spouses and/or parents, children, step-children, siblings, step-siblings, and their respective spouses, regardless of where they reside), are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Opal Operations LLC, a Florida limited liability company (the “Sponsor”), and its parent and affiliates and the hotels or resorts operated by its parent or affiliates, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
III. How to Enter
a. Eligible entrants may enter the Contest via any of the following three (3) methods:
i. Visit the ‘Opal Collection’s Facebook page located at www.facebook.com/OpalCollection (“Website”) and access the Contest tab by clicking “Like” and becoming a fan of the Website. Then follow the provided instructions to complete and thereafter submit the entry form, which includes your name, email address and city and requires that you confirm you are eighteen (18) years of age or older (“Facebook Entry”). As part of the Facebook Entry, you will be required to submit a photo attachment on the following theme: “My Opal Moment” (“Photo”). You may submit the Photo according to the provided instructions on the Website. As part of the Facebook Entry, you will also be required to submit a statement describing your photo (“Description”). You may submit the Description according to the provided instructions on the Website. You must include the Photo and Description in your Facebook Entry or your Facebook Entry will not be valid.
iii. Use your personal Instagram account to upload a photo to Instagram on the following theme: “My Opal Moment” (“Photo”) with a statement describing the Photo (“Description”) and the hashtag #myopalmoment (“Instagram Entry”). Instagram Entry must include the Photo, Description and #myopalmoment or Instagram Entry will not be valid.
b. Facebook Entry, Twitter Entry and Instagram Entry will collectively be referred to herein as “Entry” or “Entries.”
c. All Entries become the property of Sponsors, and will not be acknowledged. Photos must have been taken by you and you must have permission of any person identified in any Photo. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Professional Photos and Photos with watermarks are not eligible. Descriptions must be original (that is, written by you), true and verifiable. You must have the permission of any person that you identify or otherwise refer to in any Description.
d. Photos, Descriptions and Statement may collectively be referred to herein as “Submissions.” By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website, @opal_collection Twitter and/or @opal_collection Instagram page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
a. All Eligible entries received during the Contest Period shall be eligible to win. Entries must be received before September 30, 2014 at 11:59 PM ET to be eligible for the Contest. Limit five (5) Entries per person/email address per day during the Contest Period, regardless of method. Multiple Entries received from any person or email address beyond this limit will void all such additional entries. For purposes of these Official Rules, a “day” will start at 12:00:01 AM ET and end at 11:59:59 PM ET. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Twitter user name, Instagram user name, city, state, likeness, and/or image for purposes of advertising, promotion, and publicity in any and all media now and hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
b. By entering the Contest, each entrant acknowledges that he/she is voluntarily providing personal information to Sponsor, with full knowledge that Sponsor will use such information for marketing purposes and creation of a database of prospects for its hotels and services and agrees to be bound by the Official Rules of the Contest as stated herein and to have his or her name and if provide, the winner’s image, to be displayed on Sponsor’s Facebook pages and/or websites and used by Sponsor for any purpose, at any time, without any fee or other form of compensation and each entrant is conclusively deemed to have waived and disclaimed his or her right to claim any such fee or compensation for use of the winner’s name and image. Entries and data collected in entry form are conclusively deemed voluntarily provided and become, upon entry, the exclusive property of the Sponsor and will not be returned.
V. Winner Selection & Notification
a. There will potentially be three (3) possible winners of this Contest. As currently intended, this Contest is to be a one time event and promotion.
b. On or about October 1, 2014, one (1) or more qualified judges selected by Sponsor (“Judges”) will review all eligible Entries received during the Contest Period and select up to three (3) winners (each a “Winner”) based on the following judging criteria (“Judging Criteria”): Engagement (25%), Originality (25%), Creativity (25%), and Capturing the Essence of Opal (25%). Engagement is based on the number of times your Entry gets “re-tweeted,” mentioned, Liked, shared and quoted during the Contest Period. Sponsor reserve the right to pick fewer than three (3) Winners (or none at all), or to extend the Contest Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in their sole discretion.
c. Eligibility and compliance with these Official Rules shall be in the sole and absolute discretion of the Sponsor. Eligible Winners will be notified by email address and/or a telephone number provided on an Eligible entry form within approximately three (3) business days of the judging. Winners are required to respond within three (3) business days following transmission of that prize notification that the winner is accepting their prize.
d. Each Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, IRS W9 form, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner or Winners cannot be reached or is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, does not satisfactorily execute all of the Contest Documents, or if prize or prize notification is returned as undeliverable, potential Winner or Winners will be disqualified and Sponsor will award the Prize or Prizes (defined below) to one (1) or more runner-up Entries, and the Eligible Entry or Entries selected shall now be the Winner or Winners. Winners will be announced on October 4, 2014 at or around 12:00 PM ET on Opal Collection’s Twitter, Instagram, and Facebook account.
e. By accepting a prize, Winner expressly consents to Sponsors use of their names, voices, photographs and/or other likenesses for advertising or publicity purposes without additional compensation, except where prohibited by law.
f. There will be no cash or other substitute for the Grand Prize, Second Prize, or Third Prize, except that the Sponsor reserves the right to substitute a Prize of equal or greater value in the event that any Prize selected by a Winner becomes unavailable for any reason. Each winner will be issued an IRS 1099 tax form in the amount of the prize retail value as stated herein.
VI. The Grand Prize
a. The Grand Prize ( “Grand Prize”) includes (1): a three (3) night stay (consecutive days of the week) for the Grand Prize Winner and one (1) guest occupying the same guest room at one of the eligible Opal Collection resorts, (ii) one (1) $100.00 resort credit per day (the “Resort Credit”), which is available for use towards dining, spa, tennis, golf, whale watching, and beach and resort activities (if available on property at the eligible Opal Collection resort), and (iii) roundtrip airfare for the Grand Prize Winner and one (1) guest provided by US Traveline. Eligible Opal Collection resorts are limited to the following: West Street Hotel in Bar Harbor, Maine; The Harborside Hotel, Spa & Marina in Bar Harbor, Maine; Samoset Resort in Rockport, Maine; The Sagamore Resort in Bolton Landing, New York; Lake Placid Lodge in Lake Placid, New York; The Latham Hotel in Philadelphia, Pennsylvania; Jupiter Beach Resort & Spa in Jupiter, Florida; The Resort at Longboat Key Club in Longboat Key, Florida; Lido Beach Resort in Sarasota, Florida; Edgewater Beach Hotel in Naples, Florida; Sandpearl Resort in Clearwater Beach, Florida; and Delray Sands Resort at Highland Beach in Highland Beach, Florida. Dates of stay are subject to availability and certain blackout date restrictions apply. Reservations cannot be confirmed more than 30 days prior to the proposed arrival date. Rooms are subject to projected availability and type, and may be upgraded to best available upon arrival. The Grand Prize includes room rate and appropriate occupancy taxes and two coach class, non-refundable tickets only and Sponsor reserves the right to choose the roundtrip flight, class and level, and does not include any other transportation, parking, telephone, food, beverage, movies, gift shop items or any other incidental charges above and beyond the Resort Credit. The Grand Prize is non-transferable. Reservations must be made through the office of the Sponsor at 603/559-2172 or through a mailed-in certificate in the form furnished by the Sponsor to Winner. The approximate retail value of the Grand Prize depends upon the eligible Opal Collection resort selected by the winner, but shall not, in any event, exceed $3,000.
VII. The Second Prize
a. The Second Prize ( “Second Prize”) includes (1): a two (2) night stay (consecutive days of the week) for the Second Prize Winner and one (1) guest occupying the same guest room at the Opal Collection resort, the Latham Hotel in Philadelphia, Pennsylvania, (ii) breakfast for the second prize winner and one (1) guest during two (2) night stay, and (iii) car service transportation for the second prize winner and one (1) guest, provided by the Latham Hotel. Dates of stay are subject to availability and certain blackout date restrictions apply. Reservations cannot be confirmed more than 30 days prior to the proposed arrival date. Rooms are subject to projected availability and type, and may be upgraded to best available upon arrival. The Second Prize includes room rate, breakfast and appropriate occupancy taxes and car service transportation only, and does not include any other transportation, parking, telephone, food, beverage, movies, gift shop items or any other incidental charges above and beyond the two (2) day breakfast for winner and one (1) guest. Car service transportation is subject to availability and hotel policy. The Second Prize is non-transferable. Reservations must be made through the office of the Sponsor at 603/559-2172 or through a mailed-in certificate in the form furnished by the Sponsor to the Eligible winner. The approximate retail value of the Second Prize depends upon the specific dates and availability, but shall not, in any event, exceed $2,500.
VIII. The Third Prize
a. The Third Prize (“Third Prize”) includes (1): one (1) $200 spa certificate for the Third Prize Winner at one of the eligible Opal Collection spas. Eligible Opal Collection spas are the following: The Spa at the Bar Harbor Club in Bar Harbor, Maine; The Spa at the Samoset Resort in Rockport, Maine; The Spa and Salon at the Sagamore Resort in Bolton Landing, New York; The Spa at the Jupiter Beach Resort in Jupiter, Florida; The Spa at the Resort at Longboat Key Club in Longboat Key, Florida; and The Spa at the Sandpearl Resort in Clearwater Beach, Florida. Spa reservation dates are subject to availability and certain blackout date restrictions apply. Reservations cannot be confirmed more than 30 days prior to the proposed reservation date. The Third Prize is non-transferable. Reservations must be made through the office of the Sponsor at 603/559-2172 or through a mailed-in certificate in the form furnished by the Sponsor to the Eligible winner. The approximate retail value of the Third Prize shall not, in any event, exceed $200.
IX. Sponsor Address
a. The address of the Sponsor is 1000 Market Street, Building One, Portsmouth, New Hampshire 03801.
X. Governing Law & Jurisdiction
a. The Contest is subject to all applicable U. S. federal, state and local laws and regulations.
b. ANY CLAIMS OR CONTROVERSIES RELATING TO OR ARISING FROM THIS PROMOTION SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE CONFLICTS OF LAW PRINCIPLES THEREOF. EACH ENTRANT AGREES TO THAT VENUE AND JURISDICTION AND THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS.
a. By entering the Contest, all entrants expressly agree to release the Sponsor and any all persons or entities affiliated with the Sponsor (including, without limitation, the owners and operators of the eligible Opal Collection resorts and their respective employees) or affiliated with the sponsorship, fulfilment, administration, prize support, advertisement, or promotion of the Contest and each of their respective parents, agents, affiliates, subsidiaries, and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns and all others associated with the development or execution of the Contest (collectively, the “Released Parties”) from any and all liability of whatsoever kind, type, nature, description or characterization, including but not limited to actions, claims, injury, loss, damage or death arising in any manner, in whole or in part, directly or indirectly, from participation in the Contest and/or acceptance, use or misuse of any prize (including any travel/activity related thereto).
b. In addition, by clicking a “like” on Sponsor’s Facebook page and submitting an entry, entrant for itself, its heirs, family members, successors and assigns does fully and completely release FACEBOOK and each of FACEBOOK’s respective employees, parents, agents, affiliates, subsidiaries, and each of their respective officers, directors, agents, representatives and employees shareholder, as well as each of their respective successors, representatives and assigns and all others associated with FACEBOOK from any and all liability of whatsoever kind, type, nature, description or characterization, including but not limited to actions, claims, injury, loss, damage or death arising in any manner, in whole or in part, directly or indirectly, from participation in the Contest and/or acceptance, use or misuse of any prize (including any travel/activity related thereto).
XII. Privacy & Use of Entrant Information
a. Participants acknowledge that by entering the Contest he or she is providing information to the Sponsor and its affiliates, WOOBOX LLC., Hawthorn Creative, and US Traveline, and not to Facebook, Twitter, or Instagram.
b. Except where prohibited by law, entry constitutes permission for Sponsor and/or its affiliates to use, any and all information, which Entrant provides about themselves, to send Entrants announcements via electronic and ordinary mail about the products and programs of the Sponsor and/or its affiliates. Entrants will have the option to opt out from any future advertising by selecting the opt out election on future advertising and marketing emails they may receive.
c. Except where prohibited by law, entry constitutes permission for the Sponsor and its affiliates to use Entrant's information and any statements regarding the Contest in all media now known or hereafter selected or discovered, for any purpose whatsoever, including without limitation, in connection with, and to promote, market or advertise, the Contest or any future Contest, in whole or in part, without review, approval, credit or attribution, notification or payment from or to Entrant or any person or entity, worldwide, in perpetuity, or on a winner’s list, if applicable.
a. Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered, garbled or misdirected entries or registrations; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or 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 of entries, the announcement of the prizes, or in any Contest-related materials. 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 entrants’ or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Contest-related website. Sponsor reserves the right, in its sole discretion to disqualify any entrant without notice for no reason, or any reason, including but not limited to, tampering with the entry process, the operation of the web site or another violation of these Official Rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify the Contest if the Contest is compromised by virus, technical corruption, non-authorized human intervention, or any other causes whatsoever which, in the sole discretion of the Sponsor, corrupt or affect the administration, security, fairness, proper play or integrity of the Contest. In the event of cancellation or termination, Sponsor reserves the right to select the potential winners in a random drawing from among all eligible, non-suspect entries received prior to date of cancellation or termination. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of the account associated with the entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the account by the ISP, on-line service provider, or other organization responsible for assigning accounts. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.