Photo

2012 Terms & Conditions - Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINING.

1. Contest Period: Kimpton Hotel & Restaurant Group, LLC ("Kimpton")'s Kimpton Paw-arazzi Pet Photo Contest (the "Contest") will begin 12:00 a.m. Pacific Time ("PT") on April 1, 2012 and will end at 11:59:59 p.m. on May 31, 2012.

2. Eligibility: The Contest is open to all legal residents of the 50 United States and the District of Columbia who are 18 years old or older at the time of entry, except residents of the Rhode Island(who are not eligible to participate). Pets submitted may be any age. Employees, officers and directors of Kimpton Hotel & Restaurant Group, LLC ("Kimpton"), and its various hotels, restaurants, parent companies, subsidiaries and/or affiliates (all collectively "Kimpton Parties"), and their immediate families (parents, children, siblings, spouses) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. The Contest is void in Rhode Island, outside the continental United States, and where prohibited by law, regulation, statute or other appropriate authority, and is subject to allapplicable federal, state and local laws

3. Prizes:

A. Bi-Monthly Prizes: Every two weeks, prizes will be awarded to the five (5) vote-getting photos submitted during that bi-monthly period (April 1-15, April 16-30, May 1-15, May 16-31). Bi-Monthly prize winners shall receive gifts sent to them directly from our pet partners:

Olive Green Dog Cookie Treats ($40/each x 20 = $800)

Polka Dog Bakery Jetsetter Dog Pack ($75/each x 20 = $1500)

Fido Friendly Magazine Online Subscription for a Year - ($13/each x 20 = $260)

Estimated Finalist Prize Value: $128 each = $2,560 total

B. Grand Prize: One (1) grand prize will be awarded on June 3, 2012. The Grand Prize "Ultimate HosPETality Getaway" shall include:

Three Night Stay at a Kimpton Hotel (up to $900 value including taxes and fees);

Airfare (up to $800 value including taxes and fees) to be provided by Jet Blue

One $100 Kimpton Restaurant or room service gift certificate

One in-room spa treatment for two ($200 value)

Large Ultimate Legacy Carrier from Quaker Pet Group and Republic of Paws ($100 value)

Total Estimated Grand Prize Value:$2100 total

Total estimated retail value for this contest: $4,660.00

4. Prize Restrictions: Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of prize, Kimpton reserves the right to substitute a prize of equal or greater value.

5. How to Participate: During the Contest Period, a contestant ("You") may submit a photo of your pet per the instructions below.

(A) Photo Submission Requirements
1. Clear .jpg photo of your cat, dog, or other pet
2. Maximum size 640x480 pixels and 2 megabytes

You agree that you shall not submit any photo that contains (i) disparaging or obscene language, photographs or film (ii) nudity (iii) photographs or film of trademarks and/or logos not belonging to the Kimpton Parties (unless you are permitted to do so in writing by the owners of such trademarks or logos) and/or (iv) language, photos or film that is injurious to another party and/or may damage another party's reputation. You acknowledge that Kimpton expressly conditions its acceptance of your submission on your agreement of the preceding sentence, and if it is discovered that you have violated such agreement, Kimpton reserves the right to disqualify your submission.

Each contestant may submit only ONE photo. Multiple entries will be disqualified.

(B) Public Voting

Voting is open to the public daily during the Contest Period. You may vote using the Facebook "like" button once for any photo.

Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by contestant and/or his/her family/friends to vote more than once vote per email addresses using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by Kimpton its sole discretion, shall give Kimpton the right to disqualify any submission in its reasonable discretion.

At the close of each bi-monthly period (April 1-15, April 16-30, May 1-15, May 16-31), the top five (5) photos with the most "Like" votes will win Every two weeks prizes will be awarded to the five (5) vote-getting photos submitted during that bi-monthly period.

On June 1, 2012, judges from Animal Radio will select the Grand Prize photo from the 30 bi-weekly winners for the "Ultimate hosPETality Getaway."

6. Winner Selection:

Bi-Monthly contest winners 2012 (March 1-15, March 16-31, April 1-15, April 16-30, May 1-15, May 16-31), will be notified on the first day of the following the voting periods. Grand Prize winner will be notified on June 3, 2012.

If the contest winner does not reply to any notification within forty-eight (48) hours, such contest winner, may in the sole discretion of Kimpton, be disqualified and an alternate contest winner may be selected. Monthly contest winners will be announced publically within one week of being notified of winning. Grand prize winner will be announced publicly by June 7, 2012.

7. Grant of Rights: Except where prohibited, by participating in the Contest and regardless of whether you are a winner, you grant Kimpton its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your name, signature, likeness, photograph(s), as well as additional photographs, video footage or other images that Kimpton may take of you if you are the winner, in whole or in part, in any manner and for whatever purpose Kimptonshall elect, in any and all media now known or hereinafter developed, including but not limited to the Kimpton websites, other websites, newsletters – electronic or printed, press releases, social media sites, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.

8. Entrant Representations, Warranties, Indemnification and Release: By entering, each entrant represents and warrants to Kimpton that his/her entry is (i) completely the original work of the entrant and was written or filmed solely by the entrant, (ii) not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Entrant agrees to defend and indemnify Kimpton Parties for any breach of the above representations. By submitting an entry, each entrant agrees to indemnify, defend, release, discharge and hold harmless Kimpton and its parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, and the officers, directors and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the entrant's concept.

9. Release: You hereby release and discharge Kimpton its employees, agents, licensees, successors and assigns ("Kimpton Parties") from any and all claims, liabilities, demands or causes of actions that it may have or may from now on for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement. You agree that Kimpton shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Image in its Use, and to rearrange and/or transpose the Image, and to use a portion or portions of Image together with any other literary, dramatic, digital or other material of any kind. You enter into this agreement voluntarily, without coercion or duress.
You agree that you shall be responsible for obtaining the same above consent from all persons that will be named, photographed or filmed in your submission, and in addition to the general indemnity set forth below, specifically agree to indemnify Kimpton for any claims arising out of your failure to gain such consent.

10. LIMITATIONS OF LIABILITY, DISCLAIMERS/RELEASE: KIMPTON PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL THE KIMPTON PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

11. Conditions: All federal, state and other taxes are the sole responsibility of the winner. By participating, entrants, and winners and their guest agree to release and hold harmless the Kimpton Parties and their respective successors and assigns from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Kimpton Parties are not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules, attempt to interfere with this Contest or act in an inappropriate or disruptive manner in any way shall be disqualified. There is no purchase necessary to participate. A purchase does not increase odds of winning.

12. Additional Terms:Kimpton Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability for you to enter a submission to the Contest, including any injury or damage to your or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.

Kimpton reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest.. Kimpton reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Contest or web site. Kimpton may prohibit a participant from participating in the Contest or winning the Grand Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Kimpton Parties.

13. Disputes: Except where prohibited, Kimpton reserves the right to make all decisions in its sole discretion arising out of or relating to the Contest, and the decisions by Kimpton are final and binding on all matters relating to the Contest. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Contest 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 State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Kimpton in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than State of California. By participating in the Contest, you agree that San Francisco, CA will be the exclusive forum for any formal dispute resolution.

14. Kimpton: Kimpton Hotel & Restaurant Group, LLC Street Suite 200, San Francisco, CA 94108. For the name of the Winners, or to submit any other questions or comments relating to the Sweepstakes, contact contest@kimptonhotels.com   

 

 

 




Spectator Bonus Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINING.

1. Sweepstakes Period:  Kimpton Hotel & Restaurant Group, LLC ("Kimpton")'s Spectator Bonus Sweepstakes (the "Sweepstakes") will begin 12:00:01 a.m. Pacific Time ("PT") on April 1, 2012 and will end at 11:59:59 p.m. on May 31, 2012.


2. Eligibility: The Sweepstakes is open to all legal residents of the 50 United States and the District of Columbia who are 18 years old or older at the time of entry, except residents of the Rhode Island (who are not eligible to participate). Employees, officers and directors of Kimpton Hotel & Restaurant Group, LLC ("Kimpton"), and its various hotels, restaurants, parent companies, subsidiaries and/or affiliates (all collectively "Kimpton Parties"), and their immediate families (parents, children, siblings, spouses) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. The Sweepstakes is void in Rhode Island, outside the continental United States, and where prohibited by law, regulation, statute or other appropriate authority, and is subject to all applicable federal, state and local laws.


3. Entry Method: To enter, visit Current Form Page during the Sweepstakes Period and complete an online entry form. Only one entry is allowed per person in this Sweepstakes, regardless of method of entry. Use of multiple email addresses by the same individual to enter is prohibited and such multiple online entries shall be voided. All entries carry an equal chance of winning.

4. Drawing: Winners will be selected by random drawing conducted by a third party on or about June 1, 2012, and Winners will be notified by e-mail. Odds of winning depend on the total number of eligible entries received. All decisions of Kimpton are final and binding on all entrants.

5. Prizes:Ten (10) grand prize winners ("Winner") will be awarded a two (2) night stay at any Kimpton hotel ($400 value), based on availability. Winners can redeem their winning prize up to 12 months after the Sweepstakes concludes.


Total estimated retail value for this Sweepstakes:  $4,400


4. Prize Restrictions: Prizes are non-transferable. No substitutions or cash redemptions. Prize will not be replaced if lost, stolen or expire prior to use (unless restricted by law). In the case of unavailability of a prize, Kimpton reserves the right to substitute a prize of equal or greater value.
If the Winner does not reply to any notification within forty-eight (48) hours, such Winner, may in the sole discretion of Kimpton, be disqualified and an alternate Winner may be selected.


5. Grant of Rights: Except where prohibited, by participating in the Sweepstakes and regardless of whether you are a Winner, you grant Kimpton its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your name, signature, likeness, photograph(s), as well as additional photographs, video footage or other images that Kimpton may take of you if you are the Winner, in whole or in part, in any manner and for whatever purpose Kimpton shall elect, in any and all media now known or hereinafter developed, including but not limited to the Kimpton websites, other websites, newsletters – electronic or printed, press releases, social media sites, television, radio and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.
The personal information collected from each entrant in the course of the Sweepstakes will be used by the Kimpton Parties for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with Kimpton's Privacy Policy.


6. Entrant Representations, Warranties, Indemnification and Release: By entering, each entrant represents and warrants to Kimpton that his/her entry is (i) completely the original work of the entrant and was written or filmed solely by the entrant, (ii) not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Entrant agrees to defend and indemnify Kimpton Parties for any breach of the above representations. By submitting an entry, each entrant agrees to indemnify, defend, release, discharge and hold harmless Kimpton and its parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Sweepstakes, and the officers, directors and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Sweepstakes, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Sweepstakes or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the entrant's concept.


7. Release:  You hereby release and discharge Kimpton its employees, agents, licensees, successors and assigns ("Kimpton Parties") from any and all claims, liabilities, demands or causes of actions that it may have or may from now on for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement. You agree that Kimpton shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Image in its Use, and to rearrange and/or transpose the Image, and to use a portion or portions of Image together with any other literary, dramatic, digital or other material of any kind. You enter into this agreement voluntarily, without coercion or duress.

You agree that you shall be responsible for obtaining the same above consent from all persons that will be named, photographed or filmed in your submission, and in addition to the general indemnity set forth below, specifically agree to indemnify Kimpton for any claims arising out of your failure to gain such consent.


8. LIMITATIONS OF LIABILITY, DISCLAIMERS/RELEASE: LIMITATIONS OF LIABILITY, DISCLAIMERS/RELEASE: KIMPTON PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL THE KIMPTON PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE SWEEPSTAKES OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE SWEEPSTAKES OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SWEEPSTAKES. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE SWEEPSTAKES AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE SWEEPSTAKES, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

9. Conditions: All federal, state and other taxes are the sole responsibility of the Winner. By participating, entrants, and Winners and their guest agree to release and hold harmless the Kimpton Parties and their respective successors and assigns from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Kimpton Parties are not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Participants who do not comply with these Official Rules, attempt to interfere with this Sweepstakes or act in an inappropriate or disruptive manner in any way shall be disqualified. There is no purchase necessary to participate. A purchase does not increase odds of winning.  

10. Additional Terms: Kimpton Parties are not responsible for lost, late, incomplete, misdirected, delayed, or undelivered entries, including without limitation entries not timely received due to technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability for you to enter a submission to the Sweepstakes, including any injury or damage to your or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.

Kimpton reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in Kimpton's sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes.. Kimpton reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Sweepstakes or web site. Kimpton may prohibit a participant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the sweepstakes by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Kimpton Parties.


11. Disputes: Except where prohibited, Kimpton reserves the right to make all decisions in its sole discretion arising out of or relating to the Sweepstakes, and the decisions by Kimpton are final and binding on all matters relating to the Sweepstakes. Except where prohibited, you agree that: (a) 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 State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Kimpton in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than State of California. By participating in the Sweepstakes, you agree that San Francisco, CA will be the exclusive forum for any formal dispute resolution.


12. Kimpton:  Kimpton Hotel & Restaurant Group, LLC Street Suite 200, San Francisco, CA 94108. For the name of the Winners, or to submit any other questions or comments relating to the Sweepstakes, contact contest@kimptonhotels.com   





Facebook
Twitter
Life Is Suite Blog
Google