The "Horrible Holiday Gift" Contest (the "Contest" or "Promotion") is open only to legal residents of the fifty (50) United States, the District of Columbia and all provinces of Canada with the exception of Quebec who are at least eighteen (18) years old or the age of majority in their state or province of residence at the time of entry ("you" or "Entrants") at the time of entry. Void in Quebec, Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Wyndham Hotel Group, LLC ("Wyndham Hotel Group"), Wyndham Hotel Group Canada, ULC ("WHGC") Gloto Corp., franchisees of Wyndham Hotel Group and WHGC, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state, provincial and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: Wyndham Hotel Group, LLC and Wyndham Hotel Group Canada, ULC, 22 Sylvan Way, Parsippany, NJ 07054 (collectively, "Sponsor"). Administrator: Gloto Corp., 8171 Maple Lawn Blvd., Suite 250, Fulton, MD 20759 ("Administrator").
The Promotion begins on December 1, 2011 at 9:00AM Eastern Time ("ET") and ends on January 10, 2012 at 11:59PM ET (the "Promotion Period"). Administrator is the official time keeper for this Promotion.
During the Promotion Period, (1) register for the Promotion at http://www.wyndhamrewards.com/holiday or http://www.facebook.com/wyndhamrewards (collectively the "Contest Websites") by providing your Wyndham Rewards(r) account information, email address, telephone number and address (street address only; post office boxes will not be accepted); and (2) upload a photo that shows a horrible holiday gift that you've received along with a photo description (collectively the "Photo"). Limit: Five (5) entries per person during the Promotion Period. Entrant must be a Wyndham Rewards member. Wyndham Rewards loyalty program is free to join and open to individuals 18 years or older. If you are not already enrolled in the Wyndham Rewards program, you may enroll at the time of photo submission.
Each Photo must meet all of the following requirements or it will be disqualified:
By entering, you represent and warrant that (i) your entire Photo is an original work by you and you have not copied or used other works in your Photo without permission or right to do so; (ii) no person, other than you has any right, title or interest in any part of your Photo; (iii) your Photo will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Photo in accordance with these Official Rules. Sponsor and Administrator reserve the right to disqualify or refuse to post any Photo at any time for any reason at their sole discretion.
Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that Entrant's entries and that Entrant may be disqualified at Sponsor's discretion. Multiple Entrants are not permitted to share the same Wyndham Rewards account. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Wyndham Rewards account used to enter will be deemed to be the Entrant or participant. The "authorized account holder" is the natural person assigned a Wyndham Rewards number by the Sponsor. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
On Wednesday of each week during the Promotion Period, one (1) winner will be randomly selected by the Administrator from the pool of all eligible entries received by the time of the drawing (collectively, the "Weekly Prize Winners"). There will be a total of five (5) Weekly Prize Winners during the Promotion Period. Limit: One (1) weekly sweepstakes prize per person. If the selected entry is disqualified for any reason, a replacement selection may be drawn. The Administrator's selection is final and binding as to all matters relating to the sweepstakes drawing process.
All Photos will be judged by a panel of judges selected by the Sponsor ("Judging Panel") based on a combination of the following four equally weighted criteria: (1) creativity (25%); (2) originality (25%); (3) popularity (25%); and (4) faithfulness (25%) to assigned topic ("Judging Criteria"). The five (5) entrants whose Photos receive the highest overall scores based on the Judging Criteria will be selected as the potential "Finalists". Judging for the Finalist spots will be completed on or about January 16, 2012. The Judging Panel's decisions are final and binding as to all matters relating to the Finalist selection process. If there is a tie between two or more entries for the last Finalist spot, the Sponsor will select all tied individuals for the remaining Finalist spot. An Entrant may only have one Finalist spot.
The Finalists' Photos will be displayed on the Contest Websites beginning on or about January 17, 2012 at 12:00AM ET and ending on January 23, 2012 at 11:59PM ET (the "Finalist Voting Period"). Individuals interested in the Contest are encouraged to vote for the Photo they think is the best. Visitors will be able to vote for their favorite Finalist by visiting the Contest Websites. Voting will determine the "Grand Prize Winner". Limit of one (1) vote per person per day (up to a total of seven (7) votes) during the Finalist Voting Period. The Finalist who receives the highest number of votes will be selected as the Grand Prize Winner. If there is a tie between two or more Finalists for the most votes, the tied Photos will be re-judged based on the Judging Criteria set forth above, and the tied entry that receives the highest overall score will be selected as the Grand Prize Winner. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one vote per day limit or to use automated vote processes will disqualify all votes from the visitor. If a Finalist receives multiple and/or irregular votes from the same voter(s), including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsors and/or Administrator reserves the right to disqualify the Finalist in their sole discretion. If the voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or Administrator in their sole discretion reserves the right to use another means to determine the winner of the grand prize, i.e. random selection or appointing a panel of judges. Finalists may not pay people or provide any other type of consideration in exchange for votes. Any Finalist who violates the ban on paying or providing consideration in exchange for votes will be disqualified. Public votes may be displayed on the Contest Websites, on a real-time basis, before being verified for integrity. These unverified votes do not necessarily reflect accurately the Grand Prize Winner. The Grand Prize Winner will be the Entrant who is contacted directly by the Administrator or Sponsor after votes have been verified. Sponsor reserves the right to modify the Finalist Voting Period at any time for any reason.
The Weekly Prize Winners, Finalists, and Grand Prize Winner (collectively, the "Promotion Winners") must comply with all terms and conditions of these Official Rules throughout the Promotion Period, and winning is contingent upon fulfilling all requirements. The Weekly Prize winners will be notified each Wednesday of the Promotion Period by email, telephone, or registered mail. Finalists will be notified on or about January 17, 2012 by email, telephone, or registered mail. The Grand Prize Winner will be notified by email, telephone, or registered mail on or about January 24, 2012. The potential Promotion Winners will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release and an assignment of intellectual property rights in the Photo (except where prohibited) in order to claim his/her prize if applicable. If a potential Promotion Winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), fails to comply with these Official Rules, or if the prize or prize notification is returned as undeliverable, potential Promotion Winner forfeits prize. In the event that a potential Promotion Winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate Entrant at the Sponsor's sole discretion.
One (1) Grand Prize Winner will receive two million (2,000,000) Wyndham Rewards points. Approximate Retail Value: $10,000 USD.
Each of the four (4) finalist runner-up prizes will consist of twenty five thousand (25,000) Wyndham Rewards points. Approximate Retail value: $100 USD each.
Each of the Five (5) Weekly sweepstakes prizes will consist of twelve thousand five hundred (12,500) Wyndham Rewards points. Approximate Retail Value: $50 USD each.
Before receiving a prize, the Promotion Winners must be Wyndham Rewards members as the prizes will be awarded in the form of Wyndham Rewards points. Wyndham Rewards is free to join and open to individuals 18 years or older. If the Promotion Winner is not enrolled as a Wyndham Rewards member at the time of notification, the prize will be forfeited, no substitution will be provided, and an alternate winner may be selected. The Promotion winners' points will be deposited in their Wyndham Rewards account within 4-6 weeks of winner verification. Points expire 4 years following issuance. Notwithstanding the above, a member's Wyndham Rewards account can be terminated and all accrued points cancelled or forfeited if the member has no account activity for a period of 18 consecutive months. Account activity is defined as the earning or redemption of Wyndham Rewards points. In addition, the earning of airline miles through Wyndham Rewards and the redemption of Wyndham Rewards points for airlines miles are included in the definition of activity.
U.S. winners only: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the responsibility solely of the Promotion Winners. No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator and/or the Judging Panel, which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest and Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and 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, property damage, or death or personal injury arising out of or relating to an Entrant's entry, creation of an entry or submission of an entry, participation in the Contest and Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to an Entrant's participation in the Contest and Promotion and/or Entrant's acceptance, use or misuse of prize.
Except where prohibited, participation in the Promotion constitutes Promotion Winners consent to Sponsor's and its agents' use of Promotion Winner's name, likeness, Photo, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded.
Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Photo and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Photo. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor's actual or alleged exploitation or use of any Photo or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Photo or any material based on or allegedly based on the Photo, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the Promotion Winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in Morris County, New Jersey; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
For Promotion results send a hand-printed, self-addressed (void in Vermont), stamped envelope to Winners List - Horrible Holiday Gift Contest c/o Gloto Corp., 8171 Maple Lawn Blvd., Suite 250, Fulton, MD 20759. Requests for the winner list must be received by February 15, 2012. DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS ADDRESS.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Wyndham Hotel Group, LLC, Wyndham Hotel Group Canada, ULC and Gloto Corp. and not to Facebook. The information you provide will only be used for this Contest.
(c)2011 Wyndham Hotel Group, LLC. (c)2011 Wyndham Hotel Group Canada, ULC. All rights reserved.