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This Ace Palm Springs “Palm Springs Getaway” Giveaway (this “Giveaway”) is sponsored by JRK Palm Springs Hotel Owner LLC and Ace Group International LLC (collectively, the “Sponsor”). The entry period will start on November 21, 2023 at 12:01 AM PT Pacific Time (“PT”) and end on December 18, 2023 at 11:59 PM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:
By participating in this Giveaway, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all. Each participant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://acehotel-translation-staging.wallopcreative.com/privacy-policy/). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If a participant does not fully agree to the terms of the Giveaway or Privacy Policy, such participant should not enter this Giveaway. Any personally identifiable information collected during a participant’s participation in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by participant during any separate opt-in opportunity provided to participant during this Giveaway.
All entries are the property of Sponsor and will not be acknowledged or returned. One (1) Winner of the prize will be selected and awarded to the Winner (in accordance with the procedures set out below). This Giveaway is subject to federal, state and local laws and regulations.
1. ELIGIBILITY: This Giveaway is open only persons who are legal residents of the United States (50 states or Wash., DC.) and are (at the time of participation) at least the age of majority in their state/jurisdiction of residence at the time of participation. Employees, representatives, agents, directors and officers of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren and step-family members) and/or people living in the same household (related or not) are not eligible to enter. The Giveaway is void where prohibited by law. The entrant may use only one (1) Email Account (an “Account”) to participate in this Giveaway.
2. HOW TO ENTER: No purchase necessary. There is one (1) entry method, which is described as follows:
During the Entry Period, eligible entrants can participate in this Giveaway by completing the following steps: (i) Enter full name and email address on the entry page (collectively, an “Eligible Entry”). Each Eligible Entry will receive one (1) entry in this Giveaway.
エントリー期間中に受け取った適格な各エントリーは、総称して「エントリー」と呼ばれます。
このプレゼント企画に参加することにより、各応募者は、自分の対象となる投稿がオリジナルであり、それに対するすべての権利と所有権を所有し、自分の対象となる投稿が第三者の知的財産権を侵害していないことを表明および保証するものとします。応募者は、応募作品の所有権をスポンサーに譲渡することに同意するものとします。応募者は、スポンサーの要請があった場合、スポンサーが必要と判断する書類に署名することに同意するものとします。応募者は、いったん応募資格を有する提出物を提出すると、その提出物を変更または削除することはできません。スポンサーは、独自の絶対的裁量により、応募資格を有する投稿を削除する権利を有します。本公式ルールに従わずにプレゼント企画が完了した場合、参加者の応募資格のある提出物は無効となります。商業的な景品購読通知および/または応募サービスを含むがこれに限定されない、他の個人またはいかなる団体によって行われた適格な提出物は無効とされ、プレゼント企画への応募資格を失います。応募プロセスまたはプレゼント企画の運営を改ざんすることは禁止されており、スポンサーが独自の絶対的裁量により、このような方法で応募されたと判断した提出物は無効となります。スクリプト、マクロ、またはその他の自動化された手段によって生成された対象となる投稿は失格となります。対象となる投稿は、コンピュータまたはネットワークの誤動作または混雑を含むがこれらに限定されない、何らかの理由により不完全、文字化け、破損している、または理解できないものは無効であり、受理されません。応募者の身元に関して紛争が生じた場合、適格な投稿の応募に使用された電子メールアカウントの正規アカウント所有者が応募者とみなされます。「正規アカウント所有者」とは、サービスプロバイダーによって電子メールアドレスが割り当てられた個人として定義されます。応募者は同じメールアドレスを共有することはできません。対象となる投稿が何らかの方法で偽造、偽造、改変、または不適切に改ざんされた場合、またはスポンサーが単独かつ絶対的な裁量で、対象となる投稿が適格性およびここで概説されているその他の基準を満たしていないと判断した場合、対象となる投稿は失格となります。
3. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS:
このプレゼント企画に参加することにより、各応募者は、自分の適格な投稿に関連するあらゆる素材 (以下「応募資料」) について、以下の事項を保証し、表明するものとします。
- are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
- do not violate any law, statute, ordinance or regulation;
- do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
- will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.
Sponsor reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification. Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason. If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.
4. RANDOM DRAWING: A random drawing will be held after the close of the entry period. One (1) Entry will be drawn from amongst all eligible Entries received prior to the close of the Entry Period, as determined by the Sponsor at its sole discretion. The Entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received.
Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
5。 NOTIFICATION / PRIZE ACCEPTANCE: The potential Winner will be notified by Sponsor via e-mail within seven (7) days after the random drawing is held. Any potential Winner must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within five (5) business days of Sponsor’s first notification attempt. Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner from amongst all remaining eligible Entries. All expenses on receipt and use of prize are the sole responsibility of the applicable Winner.
6. PRIZE: There is one (1) prize available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:
| 賞品の説明 | 概算小売価格 |
| One (1) Two-Nights Stay at Ace Hotel & Swim Club in Palm Springs* | $500 USD |
| One (1) Airfare value up to $1000 | $1000 USD |
| One (1) Limited Edition Vacation®** puzzle by Le Puzz, Big Puzzle Bag, and water bottle | $93 USD |
| One (1) Vacation® Inc Sunscreen Pack (Classic Whip SPF 30, Chardonnay Oil SPF 30, Baby Oil SPF 30, Classic Spray SPF 50, and Classic Lotion SPF 50) |
$100 USD |
| One (1) Ace Shop Prize Pack (T-Shirt, Hat, Coffee Mug, and Towel Set) |
$200 USD |
| 合計ARV: | $1893 USD |
*Subject to Availability and Black Out Dates
** Vacation® is a registered trademark of Vacation Inc or its affiliates. Sponsor is not affiliated with Vacation Inc or its affiliates.
Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner。
7. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner’s permission for Sponsor to use such Winner’s name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
8. ENTRY CONDITIONS AND RELEASES: By participating in this Giveaway, EACH ENTRANT AGREES for his/her and for his/her heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, Instagram, Inc., all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such Entrant’s participation in Giveaway and/or his/her acceptance, possession, use and/or misuse of a prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such Entrant’s participation in this Giveaway and/or his/her acceptance, use and/or misuse of a prize. Released Parties are not responsible for, and each Entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete Eligible Submissions, Entries, and Eligible Submissions or Entries not received by the time designated for an Entry Period; (ii) technical failures of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of Eligible Submissions or Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to participant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from participation in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Eligible Submissions. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the Winner.
9. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis (e.g. due to ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winner in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances.
11. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will participant be permitted to obtain awards for, and participant 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 shall be governed by, and construed in accordance with, the laws of the United States, without applying any conflicts or choice of law provisions under such law that might refer the construction or interpretation of any term hereof to the laws of any other jurisdiction.
12. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Ace Group International at 7 W 30th Street, 12th Floor, New York, NY 10001, Attn: Tokotah Ashcraft. Requests must be received by January 5, 2023.