Santa Monica Travel & Tourism Survey Prize Draw

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PRIZE DRAW. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED.

1. Sponsor and Promoter: The Santa Monica Travel & Tourism Survey Prize Draw (“Prize Draw”) is sponsored by Santa Monica Travel and Tourism, 2427 Main Street, Santa Monica, CA 90405 (“Sponsor”). The promoter of the Prize Draw is Sparkloft Media, 601 Sw Oak, Portland, OR 97205 (“Promoter”).

2. Eligibility: To enter the Prize Draw, you must, as of the start of the Prize Draw, be (i) a legal resident of the 50 United States or the District of Columbia; (ii) aged 18 and over; and (iii) have Internet access. Employees, officers, directors, and agents of Sponsor, Promoter, or their advertising and promotion agencies, and their respective parent companies, affiliates, franchisees, or related companies, and the immediate families of each (parents, siblings, children and spouses, regardless of where they live) and members of the same households of such employees, officers, directors, or agents (whether related or not), are ineligible to enter or win the Prize Draw. The Prize Draw is subject to applicable federal, state, and local law, and void where prohibited by law.

3. Prize Draw Period: The Prize Draw opens at 12:00 pm Pacific Time (“PT”) on Friday, April 6th and ends at 12:00 pm PT on Friday, June 1st (“Prize Draw Period”). Entries received outside this time period will be void. Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Prize Draw.

4. How to Enter: To enter the Prize Draw you must complete and submit the online survey at https://www.surveymonkey.com/r/SMTTvisitor during the Prize Draw Period. Every question of the survey that is marked as mandatory must be completed. No purchase is necessary. By entering the Prize Draw, entrants agree to be bound by these Official Rules and the decisions of Sponsor and Promoter, which are final and binding.

5. Limitations on Entries. Only one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder (as of the time of entry) of the relevant email address used to enter. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor will not verify receipt of entries. Entries become property of Sponsor and will not be returned.

6. Winner Selection & Notification. After the conclusion of the Prize Draw Period, Promoter will select one (1) potential winner by random draw from all eligible entries received. The draw will be performed by a random computer process. The draw will take place on or before Friday, June 1st at the offices of Promoter. The potential winner will be notified by email on or before Friday, June 8th and given details of how to claim their prize. If a potential winner does not respond to Promoter within 14 days of being notified of their win, the potential winner’s prize will be forfeited and Promoter shall be entitled to select another potential winner in accordance with the process described above (and that potential winner will also have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a potential winner rejects their prize or the entry is invalid or in breach of these Official Rules, the potential winner’s prize will be forfeited and Promoter shall be entitled to select another potential winner, if time permits.

Except where prohibited by law, the potential winner must complete an Affidavit of Eligibility and Liability and Publicity Release (“Affidavit”) in accordance with the instructions listed in the prize notification correspondence. If a potential winner fails to provide the Affidavit within the required period of time, Sponsor may, in its sole discretion, disqualify potential winner and select an alternate potential winner. Non-compliance with these Official Rules, failure to return all required documentation by the stated deadline or Sponsor’s inability to contact a potential winner, as determined in Sponsor’s sole discretion, may result in disqualification. NOTE: Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Prize Draw. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.

7. The Prize: One (1) winner will receive a $250 American Express Gift Card. The odds of winning depend on the number of entries received. Promoter accepts no responsibility for any costs associated with the prize that are not expressly included in the prize. Additional terms and restrictions may apply to use of the Gift Card; see card for more details. Prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. The prize is non-exchangeable, non-transferable and not redeemable for cash or any other prize. Sponsor and Promoter reserve the right to substitute the prize with an alternative of equal or greater monetary value in the event that the prize cannot be awarded as described for any reason.

8. Publicity. By accepting the prize, the winner consents to the use by the Promoter and Sponsor and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by the Promoter and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same. Residents of Tennessee and any other U.S. state in which it is unlawful to require agreement to a perpetual publicity release as a condition of winning a prize shall not be bound by this paragraph.

9. Privacy. The Promoter shall use and take care of any personal information you supply in entering this Prize Draw in accordance with data protection legislation and applicable law. By entering the Prize Draw, you agree to the collection, retention, usage and distribution of your personal information in order to administer the Prize Draw and contact you about your Prize Draw entry. The information supplied by you in the associated survey form will be used as described on the survey form and in accordance with the privacy policy located at https://www.santamonica.com/privacy-policy.

10. Prize Draw Conditions. By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Prize Draw, the Official Rules or any other documents required by Sponsor herein, (b) to indemnify, defend and hold harmless Sponsor and its respective employees, officers, directors, shareholders, representatives, agents, parent companies, affiliates, franchisees, subsidiaries and agencies (collectively, “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and, (c) not to sue and to hereby irrevocably and unconditionally release, discharge and hold harmless the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm, resulting in whole or in part, directly or indirectly, from (i) participation in the Prize Draw or any Prize Draw related activity, (ii) the acceptance, possession, misuse or use of the prize, (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the participant’s name, address [city and state], biographical information, statements, voice, photograph, and/or other likeness), (iv) any malfunction or other problem with any Prize Draw website or webpage, (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering or announcement of any prize.

11. Limitations of Liability. Released Parties are not responsible for lost, late, stolen, deleted, misdirected, undeliverable or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. Proof of transmission does not constitute proof of entry. The Released Parties are also not responsible for any malfunction of any Prize Draw website or webpage or error in the collection, processing or retention of entry information.

WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS PRIZE DRAW, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Modification or Termination. If for any reason this Prize Draw is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor or Promoter which corrupt or affect the administration, security, fairness, integrity, fulfillment orproper conduct of the Prize Draw, Sponsor and Promoter reserve the right in their sole discretion to terminate, modify or suspend the Prize Draw and to select the winner by conducting a random drawing from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Prize Draw or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Prize Draw by cheating, hacking, deception or other unfair practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PRIZE DRAW MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

13. Disputes. The Prize Draw is governed by the laws of California, without regard to the conflicts of law provisions. All disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party and will be resolved individually, without resort to any form of class action. The receiving party shall have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution. If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within 21 days of the written response. Each party shall have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference. Such conference will be in front of a third party mediator chosen by the parties.
If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration. All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to JAMS for binding arbitration under its applicable rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

14. Winners List: For the name of the prize recipient, please contact Promoter at hello@sparkloftmedia.com by no later than April 30th, 2018.

© Santa Monica Travel and Tourism. 2018. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules is solely for descriptive purposes and shall in no way imply an endorsement or Sponsorship of the Prize Draw.

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