NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. Participation in this sweepstakes (“Sweepstakes”) constitutes your acceptance of these terms and conditions (“Official Rules“).
2. The Sweepstakes is sponsored by Thor James Hotel Leaseco, LLC (“Sponsor“), at 27 Grand Street, New York, New York 10013. Any questions, comments, or complaints about this Sweepstakes should be directed to Sponsor at email.
3. THE SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR FILING REQUIREMENTS OF ANY STATE OR LOCAL JURISDICTION HAVE NOT BEEN COMPLIED WITH.
4. To enter this Sweepstakes, you must be at least 21 years or older, a legal resident of one of the 50 United States or the District of Columbia, and not an employee, intern, contractor or volunteer of Sponsor or any entity that is directly or indirectly controlled by Sponsor or an immediate family or household member of any such person.
5. By entering the Sweepstakes, you confirm that you are eligible to enter and claim a Prize. Sponsor reserves the right to request proper identification to verify your eligibility. Upon Sponsor‘s request, you must present such identification or other documentation supporting your eligibility for Sponsor’s review.
C. HOW TO ENTER
6. This Sweepstakes will open at 4:00 p.m. Eastern Time (“ET”) on September 20, 2021 and end at 11:59 p.m., ET, on September 23, 2021 (“Sweepstakes Period”). Sponsor’s clock determines time.
7. One entry per person. Internet entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an internet access provider, on-line service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Any use of robotic, automatic, programmed or similar methods of entry will void all submissions via such method. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or the Sponsor‘s website; violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and its agencies are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to participate or by any human error which may occur in the processing of the entries in this Sweepstakes. Sponsor reserves the right to modify or cancel the Sweepstakes if it becomes technically corrupted. In such event, Sponsor would award prizes by random drawing from eligible entries received prior to cancellation.
8. Late, invalid, incomplete and/or fraudulent entries will not be accepted. Sponsor is not responsible for entries which are lost or delayed in transit, regardless of cause.
D. SELECTION OF WINNER
9. On September 24, 2021, Sponsor will draw at random from all valid entries timely received one winner for the Prize. The potential winner will be sent a notification by September 24, 2021 via Instagram direct message. If a potential winner does not claim the Prize or is not available within five (5) days of the notification, for any reason, Sponsor reserves the right to draw another winner at random. The decisions of Sponsor are final and binding..
10. Potential winner will be required to sign and return via overnight UPS and/or email, the Affidavit of Eligibility (“Affidavit”) and the Liability Release and, except where prohibited, Publicity Release (collectively, the “Release”) forms provided by Sponsor within five (5) days of receipt in order to receive a prize. If a potential winner fails to return the Affidavit and the Release within five (5) days or if a winner is deemed to be ineligible, the prize will be forfeited and an alternate winner may be selected from among all eligible entries timely received, if time permits.
11. The Prize includes a two-night stay for two people at a standard Skyline King Studio at ModernHaus SoHo (approximate retail value (“ARV”) $440.00 per night) and this retail value includes breakfast for two, $100 credit at JIMMY and a $200 credit at Veranda. Prize is not transferable, changeable or refundable and must be redeemed by August 31, 2022. The King Room may not be available on certain dates and must be booked by April 1, 2022 and redeemed by August 31, 2022.
12. The total ARV of all Prize elements for this Sweepstakes is $1534.00(including any applicable taxes). ARV may vary depending on the time of stay and hotel rate fluctuation. Any and all taxes on a Prize are the sole responsibility of the Winner. Winner must furnish Sponsor an Internal Revenue Service (“IRS”) Form W-9 and will receive from Sponsor IRS Form 1099.
13. Prize must be redeemed on or before August 31, 2022. Redemption of Prize is subject to availability, blackout dates, and Sponsor’s applicable booking terms and conditions.
14. Prize elements are provided “as is” and without any warranty, representation or guarantee, express or implied in fact or in law, and any implied warranty of merchantability or fitness for a particular purpose. Prize is non-transferrable, non-exchangeable and cannot be redeemed for cash. No prize substitutions allowed but Sponsor reserves the right to substitute prize of equal or greater value in the discretion of Sponsor. Sponsor shall have no responsibility or obligation to a winner who is ineligible for a prize, or is unable to or who does not accept or utilize a prize, for any reason. Winner is responsible for any and all taxes, fees, security and passenger facility charges applicable to the prize, which may not be issued without payment for taxes and fees.
15. Winner is responsible for any costs associated with booking additional accommodations during the stay and/or staying for additional nights (other than accommodations which are part of the Prize), and any other incidental charges (including, but not limited to, fishing license, gratuities, alcohol, mini-bar expenses, laundry services, internet and room service, all federal, state, provincial, local and foreign taxes (if any) and gratuities) and any other unspecified expenses associated with acceptance or use of a Prize.
16. Travel expenses to and from ModernHaus SoHo, New York, by any method are not included in the Prize and are the Winner’s sole responsibility.
17. Winner must ensure that winner’s travel companion is of legal age in the jurisdiction of such companion’s state of residence.
F. PERSONAL DATA
19. Participation in the Sweepstakes does not grant you any right or licence to use or display any name, logo or other trademark of Sponsor.
20. Where permitted by applicable law, participating in this Sweepstakes grants Sponsor, Highgate Hotels, L.P. and their respective affiliates the right to print, publish, broadcast, and use any materials submitted by you in connection with the Sweepstakes (including without limitation your name, picture, voice, statements and other biographical information) for advertising, marketing and/or promotional purposes throughout the world in any and all media without compensation.
H. LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTIES
21. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE: (I) TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND (II) IN SO FAR AS IS PERMITTED BY APPLICABLE LAWS, TO FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, HOTEL MANAGEMENT COMPANY AND ADVERTISING AND PROMOTION AGENCIES (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH) FROM AND AGAINST ANY AND ALL LIABILITY FOR PERSONAL INJURIES, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DIRECT AND INDIRECT DAMAGES, AND DEATH OR PROPERTY DAMAGE RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (A) THE PARTICIPATION (OR THE INABILITY TO PARTICIPATE) IN THE SWEEPSTAKES AND/OR ANY ELEMENT OR ACTIVITY THEREOF OR (B) ANY PRIZE, INCLUDING ANY LIABILITY/DAMAGE RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (1) TRAVEL TO OR FROM OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY; OR (2) THE ACCEPTANCE, POSSESSION, USE, MISUSE OR NON-USE OF ANY PRIZE; ANY DEFECTS IN ANY PRIZE; ANY INABILITY TO USE ANY PRIZE; OR LOST, LATE, STOLEN, MISDIRECTED, OR DAMAGED PRIZE.
22. Without limiting Section 22 and where permitted by applicable law, Sponsor excludes all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Sweepstakes and/or any Prize, and in so far as is permitted by applicable laws, under no circumstance shall Sponsor have any liability that exceeds the value of any Prize awarded.
I. GOVERNING LAW
23. These Official Rules, and any dispute or claim arising out of or in connection with them (including any non-contractual disputes or claims) will be governed by the laws of New York and the parties irrevocably submit to the exclusive jurisdiction of the courts of New York.
24. Sponsor reserves the right to suspend, modify, or terminate the Sweepstakes, or these Official Rules at any time by posting updated Official Rules at: https://www.modernhaushotel.com/sweepstakes/
.25. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provisions were not contained herein.
26. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
27. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.