AccorHotels Win a Stay by MGallery Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Please read these rules carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the AccorHotels Win a Stay by MGallery Sweepstakes (the “Sweepstakes”), sponsored by Accor Management Canada Inc. (the “Sponsor”). By entering the Sweepstakes, you acknowledge and agree that these official rules (“Official Rules”) constitute a legally binding agreement between the person entering the Sweepstakes (“Participant,” “entrant” or “you”) and the Sponsor, and you signify your agreement to these Official Rules and the decisions of the Sponsor. If you do not agree to the Official Rules, you may not enter the Sweepstakes.

1. Entry Period

The Sweepstakes begins at 12:00:01 AM Eastern Time (“ET”) on Monday, June 3, 2019 and ends at 11:59:59 PM ET on Sunday, June 30, 2019 (the “Sweepstakes Period”). The Sponsor’s (including its agent’s) computer is the official timekeeping device for the Sweepstakes.

2. Eligibility

The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry.

Employees, representatives, or agents of the Sponsor and their respective parents, affiliates, subsidiaries and advertising and promotion agencies involved in the administration, development, fulfillment and execution of the Sweepstakes (collectively the “Sweepstakes Parties”), and all respective employees, shareholders, officers, directors, agents, members, licensees, successors and assigns of the foregoing (collectively, the “Released Parties”) and members of their immediate family (spouses, parents, children and siblings) or persons living in the same household are not eligible to participate in the Sweepstakes.

Sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and these Official Rules and by entering, all Participants agree that they have read these Official Rules and agree to abide by and to be bound by the terms and conditions of the Official Rules, and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render participants ineligible. If it is found that a person who does not meet the eligibility criteria set forth in these Official Rules has submitted an entry, that entry will be deemed ineligible. Sponsor reserves the right to verify eligibility requirements. Void where prohibited by law.

3. Privacy

By entering and providing the required entry information, entrants grant Sponsor the right to use their personal information for (a) the purpose of operating and administering the Sweepstakes; and (b) as otherwise permitted under Sponsor’s Privacy Policy, which can be found at https://www.accorhotels.com/security-certificate/index.en.shtml.

4. How to Enter

There is no purchase necessary to enter the Sweepstakes. Making a purchase will not improve your chances of winning.

There are two (2) ways to enter:

  1. Online Entry (the “Online Entry”): visit http://winastaybymgallery.com/ (the “Website”) during the Sweepstakes Period and follow the instructions to complete the online registration form by submitting your name, email address, and zip code to earn one (1) entry into the Sweepstakes. In addition to providing the above information, you must also attest to full compliance with these Official Rules. Limit of one (1) Online Entry per person per day during the Sweepstakes Period. All Online Entries must be received between Monday, June 3, 2019 at 12:00:01 AM ET and Sunday, June 30, 2019 at 11:59:59 PM ET.
  2. Social Entry (the “Social Entry”): locate and visit the pop-up hotel room by MGallery in New York City between June 3 – June 4, 2019. Take a photo of the pop-up hotel room and post the photo to Instagram from a public Instagram account using the hashtag #winMGallery between June 3 – June 30, 2019 to earn five (5) entries into the Sweepstakes. Limit of five (5) Social Entries. All Social Entries must be received between Monday, June 3, 2019 at 12:00:01 AM ET and Tuesday, June 30, 2019 at 11:59:59 PM ET.

Please remember that the pop-up hotel room will not be available after June 4, 2019, even though the Sweepstakes Period ends on June 30, 2019.

All entries become the property of the Sponsor and will not be acknowledged or returned. Participants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy. Entries which are incomplete, illegible, or fraudulent are null and void. Sponsor is not responsible for incomplete, incorrect, or inaccurate capture of entry information.

Any attempt by any entrant to exceed the entry limit by using multiple/different e-mail addresses, identities, registrations, or any other methods will void all that entrant’s entries and that entrant will be disqualified. Use of any automated, programmed or like means to enter the Giveaway will result in disqualification. Sponsor and its agencies are not responsible for late, lost, garbled/undecipherable, misdirected, incomplete or invalid entries, which will be disqualified.

5. Prizes; Approximate Retail Value (“ARV”); Odds of Winning

There is one (1) grand prize available to be won. The prize consists of the winner’s choice of one (1) of the following prize packages:

  1. A Queenstown Memorable Moment Package, consisting of: (i) a 4-night stay for two (2) at Hotel St. Moritz in Queenstown, New Zealand; (ii) a private charter helicopter ride to “The Ledge” on Cecil Peak to enjoy a picnic prepared by Lombardi Restaurant; (iii) a $3,000.00 flight credit; and (iv) a $1,000.00 cash voucher.
  2. An INKcredible Experience Package, consisting of: (i) a 4-night stay for two (2) at INK Hotel Amsterdam MGallery by Sofitel, in Amsterdam, Netherlands; (ii) an INKcredible Experience that includes an INKcredible cocktail, followed by a pre-booked appointment for a real tattoo at INK district tattoo shop (winner can select from 4 pre-determined designs), and a ferry ride to the north part of Amsterdam to the NDSM wharf for a private INK-y street art tour with a tour guide; (iii) a $2,000.00 flight credit; and (iv) a $1,000.00 cash voucher.
  3. A 21c Museum Hotel Louisville Package, consisting of: (i) a 4-night stay for two (2) in the Collectors’ Suite at 21c Museum Hotel in Louisville, Kentucky, U.S.A.; (ii) a private dinner from executive chef Jonathan Searle on the rooftop terrace; (iii) two (2) private tours with the master distillers of two (2) bourbon distilleries; (iv) a VIP experience at Churchill Downs Racetrack; (v) a 2-hour studio tour with a local artist; (vi) a $1,000.00 flight credit; and (vii) a $1,000.00 cash voucher.

The ARV of the prize is $6,000.00 USD.

Odds of winning depend on the number of eligible entries received.

6. Random Drawings

One (1) potential prize winner will be selected at random by a computerized process from the pool of eligible entries received on or about July 2, 2019 which will take place at the offices of an independent agent of the Sponsor, whose decisions are final.

7. Winner Notification

The potential winner will be notified by a designated representative of the Sponsor by the email and/or phone number used at the time of entry, within forty-eight (48) hours of the drawing date. The designated representative will make a minimum of two (2) attempts to contact the eligible winner.

If the potential winner cannot be contacted within forty-eight (48) hours of notification, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit any and all rights to the applicable prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate eligible entrant for the applicable prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Official Rules.

No one is a winner unless and until the Sponsor officially confirms him/her as a winner in accordance with these Official Rules.

Before being confirmed as a winner, the potential winner will be required to sign and return, within seventy-two (72) hours of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form, and where allowable, a Publicity Release (collectively, the “Releases"). The Releases will require the potential winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected for the applicable prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Official Rules.

The prize package will be awarded within approximately 45 days after the winner is verified.

8. Prize Conditions

Once a winner has been selected and confirmed, Sponsor will contact and arrange prize delivery. The prize must be redeemed before September 30, 2020. Prize components are subject to availability at time of booking. The redemption date will not be extended; some blackout dates may apply.

All expenses related to the acceptance or use of a prize are the sole responsibility of prize winner.

Winner is responsible for all federal, state, local and income taxes associated with winning a prize. The winner will be issued an IRS 1099 Tax Form for the fair market value of prize won.

Prizes are not assignable, nor transferable. No cash in lieu of the prize and no exchange or substitution of the prize, except at the sole discretion of the Sponsor. Winner is responsible for all costs not specified above including airfare in excess of the credit provided as part of the prize package, and ground transportation to and from hotels, incidentals, tips and insurance. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. All prize details are at the sole discretion of the Sponsor. If the winner cannot accept the prize as stated, prize will be forfeited, and an alternate winner will be selected (time permitting). Winner is solely responsible for all other expenses in connection with the acceptance, receipt, use and/or misuse of prize not specified.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).

9. Assumption of Risk; Waiver and Release of Liability

  1. You acknowledge and agree that your participation in the Sweepstakes and, if applicable, your redemption of the Prizes, is undertaken voluntarily and entirely at your own risk and you agree to assume all such risk, including risk of property damage, bodily injury or death, and all other damage or potential damage, whether known or unknown to you.
  2. You agree to release the Released Parties from, and forever give up and waive your right to sue or claim against any of them for, any and all claims, causes, suits or other liability for any loss, harm, damages, costs or expenses (“Claims”), whether known or unknown to you, arising out of, caused by, resulting from or relating to this Sweepstakes, these Rules, your participation in the Sweepstakes and/or your use or misuse of prizes, including without limitation property damage, personal injury and/or death, defamation or invasion of privacy and merchandise delivery. Please note that this waiver and release specifically extends to Claims or portions of Claims alleging or arising as the result of Released Parties’ negligence.
  3. You acknowledge and agree that the foregoing waiver and release will be binding on your heirs, estate, successors and assigns.

FOR RESIDENTS OF THE STATE OF CALIFORNIA: You acknowledge and agree that your release and waiver specifically extends to the following, the protections of which you explicitly waive:

California Civil Code Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Disputes:

Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Province of Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Province of Ontario without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS PROMOTION WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

11. Official Rules Request; Winner Confirmation Request:

To request a copy of the Official Rules, see http://winastaybymgallery.com/ or send an email to sup@raven5.com with subject line: AccorHotels Win a Stay by MGallery Official Rules Request. All request must be received by July 15, 2019 at 11:59:59 PM ET. Requests received after this time will not be fulfilled.

For a written confirmation of the winner, (available after July 15, 2019), send an email to sup@raven5.com with subject line: AccorHotels Win a Stay by MGallery Winner Confirmation Request. All requests must be received by July 31, 2019 at 11:59:59 PM ET. Requests received after this time will not be fulfilled.

12. Questions; Requests for Information

If you have any questions about the Sweepstakes, please contact sup@raven5.com.

13. Sponsor

Accor Management Canada Inc., 155 Wellington Street West, Suite 3300, Toronto, Ontario Canada, M5V 0C3