OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE ONE’S CHANCE OF WINNING. VOID WHERE PROHIBITED.

 

ENTRY: This promotion (the “Promotion”) invites you to submit your email address on Instagram and/or Facebook for the chance to win a two-night stay at the Ace Hotel Sydney. Entry begins October 29, 2021 and ends November 22, 2021 (the “Promotion Period”).

 

Enter on Facebook by providing your email address as indicated.

Enter on Instagram providing your email address as indicated.

 

Limit one entry on Instagram and one entry on Facebook, per person. Any person found to be using multiple accounts to enter the Promotion will be declared ineligible to win. All entries will be placed into one drawing pool for the chance to win the prizes described below. Entries that do not include a valid email address will not be considered a valid entry. By entering and submitting an email address, entrant hereby agrees to be bound by the terms and conditions set forth in these Official Rules.

 

In case of a dispute as to the identity of an entrant, entry will be considered to have been made by the authorized account holder of the email account identified with the Instagram or Facebook account through which the submission occurred regardless of the individual that submitted the entry.

 

An entrant must have a non-private Instagram or Facebook account to enter the Promotion. All Terms and Conditions of Facebook and Instagram will apply. By entering the Promotion you are opting in for marketing & promotional content from the Sponsor (as defined below).

 

Message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans if you participate from a wireless phone.

 

ELIGIBILITY: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia, and residents of Australia, who are eighteen (18) years of age (or the age of majority in the jurisdiction of their residence, whichever is older) or older as of the start date.

 

You must also have a Facebook or Instagram account (which are free) as a condition of entry. Void wherever prohibited, taxed or restricted by law. The Promotion is subject to all applicable federal, state and local laws and regulations. Employees and representatives of Ace Group International LLC (the “Sponsor”), its licensees and respective affiliates, parents, subsidiaries and advertising, promotion, publicity, production and judging agencies (collectively, the “Promotion Entities”), and their immediate family members and those with whom any of the above is domiciled (whether related or not), are not eligible to enter or win. For purposes of these Official Rules, an “immediate family member” includes spouse, domestic partner, parents, siblings and children. Sponsor’s decisions on all matters concerning this Promotion, including but not limited to eligibility determinations, are final and binding in all regards.

 

ENTRIES: Any entry that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified.

 

WINNER SELECTION; ODDS; NOTIFICATION: Winners will be selected by random drawing, on or about December 8, 2021. Winners will be notified within seven (7) days of the draw through Facebook or Instagram direct messaging, or as Sponsor shall determine in its sole discretion. Sponsor’s decisions on all matters concerning this Promotion are final and binding in all respects. The odds of winning depend upon the number of eligible entries received. If a potential winner is not reached for any reason (e.g., potential winner has been found to be ineligible or to have not complied with these Official Rules, or the prize notification is returned undeliverable), such potential winner may be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion.

 

If requested by Sponsor, an Affidavit of Eligibility and Compliance (where legal) must be executed and returned by a potential winner, and a Publicity Release (where legal) must be executed and returned by a potential winner, if applicable, within five (5) days of receipt of such documents. Failure to comply with these requirements may result in disqualification, in which case Sponsor may select an alternative winner in its sole discretion.

 

PRIZES: Five winners will be selected, each will receive a two (consecutive) night stay at Ace Hotel Sydney (“Hotel“), located at 47 Wentworth Ave, Sydney NSW 2000, in a Medium Room Approximate Retail Value (ARV) of the prize is $600 AUD and the total ARV of all prizes is $3000 AUD. All expenses not specifically included, including but not limited to spending money, meals, taxes, insurance, airfares, passports, visas, vaccinations, transport to and from Hotel, transfers, items of a personal nature (including but not limited to additional room charges such as pay per view movies, laundry, room service, telephone calls), any upgrades or additional nights and all other ancillary costs are not included and are the responsibility of the winner.. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason.

 

 

The prize must be booked within ninety (90) days from the date of winner selection and taken by no later than December 31st, 2022 from the date of winner selection. In the event that

for any reason whatsoever a winner does not, once the prize has been booked, take the prize or an element of the prize at the time booked, then the prize or that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize or that element of the prize.

 

 

Travel to the Hotel, and all associated costs and requirements, including those in relation to COVID-19 quarantine and restrictions, is the sole responsibility of the winner. The winner (and any companion) is responsible for ensuring that they have valid passports, and requisite visas, vaccinations and any other required travel documentation to claim the prize.

 

RELEASE: Unless otherwise prohibited by law, entry into the Promotion and/or acceptance of a prize constitutes permission for the Promotion Entities to use an entrant’s or winner’s entry, name, photograph, testimonial, likeness, image, voice, biographical information and address (city and state) for advertising, promotional and publicity purposes (in any media now or hereafter known), and in any other manner, in connection with the Promotion and otherwise, without further compensation or notice to, or further consent of, such winner, throughout the world in perpetuity. Acceptance of prizes constitutes a waiver of any claim to royalties, rights or remuneration for said use.

 

By submitting an entry, you irrevocably grant to Sponsor the right to publish, display, and use your entry in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.

 

Any photograph, endorsement, or other visual depiction or production of you, as well as any other content contained in the entry (“Work”) becomes the property of the Sponsor. As a condition of entry, each entrant irrevocably grants to the Sponsor a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Sponsor doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Sponsor may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of the Promotion, the Sponsor, or otherwise. You release, discharge, and agree to hold harmless the Sponsor and Promotion Entities from any claims and liability arising from or relating to the entry and the content of each entry.

 

PERSONAL INFORMATION: Sponsor collects your personal information for the purpose of administering the Promotion and for marketing purposes. Sponsor may for such purposes disclose your personal information to third party services providers including for storage of data, to assist with prize delivery, data analysis and direct marketing. Some third party service providers may be located overseas in the United States. Any personally identifiable information collected during an entrant’s participation in this Promotion will be collected and used by Sponsor in accordance with its privacy policy. Visit https://www.acehotel.com/privacy/ for Sponsor’s privacy policy.

 

GENERAL: Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these Official Rules all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Official Rules; (e) any tax implications; and/or (f) a prize or use of a prize.

 

You agree to release and hold harmless the Sponsor, Promotion Entities, their respective parents, affiliates and subsidiaries, and each of their respective directors, officers, employees, agents, successors and assigns, from any and all claims, damages, injuries, deaths, losses, rights, causes of action, actions, suits, debts, sums of money, or other liabilities, either at law or equity, whether known or unknown, asserted or non-asserted, arising from or in any way relating to participation in the Promotion, the awarding, acceptance, possession, use or misuse of any prize, or the use of a winner’s name, photograph, testimonial, likeness, image, voice, biographical information and/or city and state of residence.

 

Entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram. Entrants agree to release Instagram and Facebook from any and all liability associated with this Promotion.

 

Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. Sponsor is not responsible for injury or damage to a participant’s or to any other person’s computer related to or resulting from participation in this Promotion or the downloading of materials from or use of Sponsor’s website.

 

If, for any reason, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. In no event will any of the Promotion Entities, their respective parents, affiliates and subsidiaries, or each of their respective directors, officers, employees, agents, successors and assigns, 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 the Promotion or the downloading of materials from or use of Sponsor’s website.

 

Any person attempting to defraud or in any way tamper with the Promotion will be ineligible to win and may be prosecuted to the full extent of the law.

 

GOVERNING LAW. For Australian residents, he Promotion will be governed by the applicable laws of the state or territory in which the eligible entrant resides. For residents of the fifty (50) United States and the District of Columbia, the Promotion will be governed by the laws of the State of New York without regard to its choice of law or conflict of laws principles. As a condition of participating, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court in the relevant  jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.

 

WINNERS LIST: For a winners list, send a self-addressed stamped envelope to be received by 30 days after the End Date: Ace Hotel Sydney Giveaway, Winners List Request, Atelier Ace, 7 W 30th Street, 12th Floor, New York, NY 10001.

 

SPONSOR: Ace Group International LLC, 7 West 30th Street, 12th Floor, New York, NY 10001.