"Best of All Worlds" Sweepstakes
OFFICIAL
SWEEPSTAKES RULES
NO PURCHASE
OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A purchase will not improve
chances of winning.
You have not
yet won.
OPEN ONLY TO
LEGAL RESIDENTS OF ONE (1) THE FIFTY (50) UNITED STATES OR DISTRICT
OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AS OF THE DATE
OF ENTRY. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE
ENTRIES RECEIVED. WINNER WILL BE REQUIRED TO EXECUTE A PRIZE ACCEPTANCE
AGREEMENT AS MORE FULLY DETAILED BELOW.
By entering
the "Best of All World" Sweepstakes (the "Promotion"), entrants
accept and agree to be bound by these "Official Rules". Any violation
of these Official Rules may, at Sponsors' discretion, result in disqualification.
- PROMOTION PERIOD. Promotion
begins on or about 12:01 AM Eastern Time ("ET") on May 24, 2010
and ends at 11:59 PM ET on August 31, 2010, during which period all
entries must be received ("Promotion Period"). The Web
Site's (defined below) database clock will be the official timekeeper
for this Sweepstakes.
- ELIGIBILITY. This
Promotion is only open to legal residents of any one (1) of the fifty
(50) United States or the District of Columbia who are at least 18 years
old as of the date of entry, except officers, directors, members, and
employees of Conde Nast Publications ("Administrator"), Hyatt Corporation
(together with Administrator, "Sponsor"), or their promotional partners,
prize providers or any other party associated with the development or
administration of this Promotion (collectively, with Sponsors and Administrator,
the "Promotion Entities"), and the immediate family members
(i.e., parents, legal guardians, children, siblings, spouse regardless
of where they live), and persons residing in the same household of such
individuals whether or not related thereto. This Promotion is void outside
of the fifty (50) United States and the District of Columbia, and where
prohibited by law.
- HOW TO ENTER. Visit www.hyattbestofallworlds.com ("Web Site") during the Promotion
Period and follow the instructions to provide the required information
in order to complete and submit the entry form. All entries become the
property of the Sponsors and will not be acknowledged or returned. Limit:
One (1) entry per person and per e-mail address during the Promotion
Period. All entrant information, including e-mail addresses, is subject
to the Privacy Policy of the Sponsors Entries made by any other individual
or any entity, and/or originating at any other web site, including,
without limitation, commercial sweepstakes subscription notification
and/or entering service sites, will be declared invalid and disqualified
for this Promotion. For purposes of this Promotion, an entry is
"received" when the Web Site's servers record the entry information.
Proof of sending (such as an automated computer receipt confirming entry
or "thanks for entering" screen or message) does not constitute
proof of actual receipt of an entry for purposes of this Promotion.
- WINNER SELECTION
AND NOTIFICATION. Winner selection will be conducted by random drawing
from all eligible entries on or about September 14, 2010 (the "Drawing
Date"). The random drawing to determine the winner will be
conducted by Administrator, whose decisions are final and binding with
respect to the selection of the winner. The potential winner will be
notified by mail, email and/or telephone (at Sponsors' sole discretion)
within approximately ten (10) days after the Drawing Date. If a potential
winner: (i) cannot be contacted after a reasonable attempt has been
made by Sponsors (as determined in Sponsors' sole discretion); (ii)
does not respond within five (5) days from the date the Sponsors first
tries to notify him/her or as otherwise instructed by Sponsors; (iii)
fails to return the Affidavit and Release (as defined in Rule 9 below
and without alteration and in the form presented by Sponsors); (iv)
refuses the prize; and/or (v) the prize or prize notification is rejected
or returned as undeliverable, such potential winner forfeits all rights
to win the Promotion and receive the prize, and an alternate potential
winner may be selected. (After five (5) such alternate potential winners
have been selected without securing an eligible winner, the prize may
remain un-awarded.) Upon contacting a potential winner and Sponsors
and Administrator determining that he/she has met all eligibility requirements
of the Promotion, including, without limitation, the execution of the
Affidavit and Release, such individual will be declared the "winner"
of the Promotion.
- PRIZE DESCRIPTION. There
will be one (1) winner in this Promotion. The prize includes: (i) one
(1) standard hotel room (quad-occupancy) for three (3) nights at a participating
Hyatt Resort in North American and the Caribbean selected by the winner.
Participating locations are: Hyatt Regency Aruba Resort and Casino;
Hyatt Regency Lost Pines Resort and Spa; Park Hyatt Beaver Creek Resort
and Spa; Hyatt Regency Coconut Point Resort and Spa; Hyatt Regency Cancun;
Hyatt Regency Chesapeake Bay Golf Resort Spa and Marina; Hyatt Regency
Clearwater Beach Resort and Spa; Hyatt Regency Curacao Golf Resort,
Spa and Marina; Hyatt Regency Pier Sixty-Six Resort & Spa; Hyatt
Regency Huntington Beach Resort and Spa; Hyatt Grand Champions Resort,
Villas and Spa; Grand Hyatt Kauai Resort and Spa; Hyatt Key West Resort
and Spa; Hyatt Regency Lake Tahoe Resort, Spa and Casino; Hyatt Regency
Maui Resort & Spa; Hyatt Regency Grand Cypress; Hyatt Regency Hill
Country Resort and Spa; Park Hyatt Aviara Resort and Spa; Hyatt Regency
Tamaya Resort & Spa; Hyatt Regency Scottsdale Resort and Spa at
Gainey Ranch and Hyatt Regency Waikiki Beach Resort and Spa (ii) four
(4) round-trip coach airline tickets for the winner and three (3) companions
via a Sponsor-selected air carrier(s) from the major commercial airport
selected by Sponsors in their sole and absolute discretion in proximity
to winner's primary residence in the US to the major commercial airport
in proximity to the selected Hyatt Resort, and (iii) a $500 Hyatt gift
card to use on the resort location at the selected Hyatt Resort to customize
the trip. Gift card may be subject to certain restrictions including
expiration date. Gift Card terms and conditions are available at: https://www.certificates.hyatt.com/TermCheckCardsCerts.aspx. The total approximate retail value
("ARV") of the prize is Three Thousand Five Hundred Dollars ($3,500).
The actual value of the prize may vary depending on exact itinerary.
Actual value may also vary based on fluctuations in price for airfare
and/or accommodations, travel dates, and distance between departure
and destination. Hotel taxes, ground transportation, travel insurance,
bag check fees, meals, alcoholic and other beverages, in-room or other
personal charges at lodging (e.g., mini-bar, movies), telephone calls,
merchandise, souvenirs, gratuities, incidentals, and all other expenses
unless expressly mentioned in these Official Rules are not included
and are solely the winner's responsibility. Winner and travel companions
must travel together on the same itinerary. All travel arrangements
must be made through the Sponsors or Sponsors' designee and possess
all required travel documents, including visas and valid passports,
if and as applicable. It is the responsibility of the winner and their
companions to provide proper documentation (including government issued
picture identification). Trip must be booked by December 14, 2010
and completed by September 14, 2011, and may be subject to certain other
restrictions, including, without limitation, blackout dates and availability.
Sponsors will attempt to accommodate winner's preferred itinerary, but
all specifics thereof will be at Sponsors' sole discretion. If, in
the sole judgment of Sponsors, air travel is not required due to winner's
proximity to prize location, ground transportation may be substituted
for roundtrip air travel and winner will not receive any difference
in the value of the prize. Unless child of winner, travel companion
must be at least the age of majority in their state of residence (which
is eighteen (18) in most states but is nineteen (19) in Alabama and
Nebraska and twenty-one (21) in Mississippi) as of the date of departure.
Travel companion must execute liability/publicity releases prior to
issuance of travel documents. Once a travel companion is selected,
he/she may not be substituted, except in Sponsors' sole and absolute
discretion. Airline tickets are non-refundable/non-transferable
and are not valid for upgrades and/or frequent flyer miles. All
airline tickets are subject to flight variation, work stoppages, and
schedule or route changes. The winner will not receive cash or
any other form of compensation if actual travel costs are less than
the estimate made in these Official Rules. The round trip air
transportation element for the prize begins and ends at the point of
departure. The prize is subject to seat and hotel availability, as well
as Sponsors' terms and conditions generally applicable thereto.
Sponsors shall not be responsible for any cancellations, delays, diversions
or substitution or any act or omissions whatsoever by the air carriers,
hotels, venue operators, transportation companies, prize providers or
any other persons providing any prize-related services or accommodations.
Sponsors are not liable for any missed prize events, opportunities or
expenses incurred as a consequence of flight cancellation/delay or ground
transportation delay. No refund or compensation will be made in
the event of the cancellation or delay of any transportation or other
prize element except at the sole and absolute discretion of Sponsors.
Winner and companions are also responsible for obtaining travel insurance
(and all other forms of insurance) at their option and hereby acknowledge
that Sponsors have not and will not obtain or provide travel insurance
or any other form of insurance. The winner may be required to
provide a credit card at the time of hotel check-in. Travel is
subject to the terms and conditions set forth in these Official Rules,
and those set forth by Sponsors' transportation carrier(s) of choice.
Lost, stolen or damaged airline tickets, travel vouchers or certificates
will not be replaced or exchanged. Transportation carrier and
hotel regulations and conditions apply. Travel and lodging are
subject to availability, and any changes made to either of these will
be at the expense of the winner.
- TAXES. All
federal, state and/or local income and other taxes, if any, are the
winner's sole responsibility. The ARV of the prize is based
on available information provided to Sponsors and the value of any prize
awarded to a winner may be reported for tax purposes as required by
law. An IRS Form 1099 may be issued in the name of winner, or
if a minor in the jurisdiction in which s/he resides, in the name of
his/her parent or legal guardian, for the actual value of the prize
received. Failure to complete the trip prize does not relieve
the winner of his/her tax obligations associated with winning the trip
prize.
- ODDS OF WINNING. The
odds of winning this Promotion depend on the number of eligible entries
received.
- NO PRIZE TRANSFER
OR SUBSTITUTION. No prize or any portion thereof is transferable
or redeemable for cash. Any portion of the prize that is not used is
forfeited. No substitutions for prize, or any portion thereof, except
by Sponsors, in their sole discretion, in which case a prize of equal
or greater value will be substituted. All prize details not specified
in these Official Rules will be determined in Sponsors' sole and absolute
discretion. In the event a prize winner and/or his or her companions
engage in behavior that (as determined by Sponsors or any prize provider
in its or their sole and absolute discretion) is obnoxious, inappropriate,
or threatening, illegal or that is intended to annoy, abuse, threaten
or harass any other person, Sponsors reserve the right to terminate
the trip or other applicable experience early. Unclaimed prizing
will be forfeited.
- LIMITATION OF
LIABILIITY, CONSENT AND RELEASE. By entering the Promotion, each
entrant releases, agrees to indemnify, defend and discharges the Sponsors,
Administrator, and each of the other Promotion Entities and each of
their parent, subsidiary, and affiliated entities, and each of their
respective officers, directors, members, shareholders, employees, independent
contractors, agents, representatives, successors and assigns (collectively,
"Sponsor Entities"), from any and all liability whatsoever
in connection with this Promotion, the use, acceptance, possession,
misuse or awarding of the prizes, including, without limitation, legal
claims, costs, injuries, losses or damages, demands or actions of any
kind (including, without limitation, personal injuries, death, damage
to, loss or destruction or property, rights of publicity or privacy,
defamation, or portrayal in a false light) (collectively, "Claims").
Except where and to the extent prohibited by law: (i) acceptance of
the prize constitutes the consent of the winner, without further compensation,
notice, review or approval, to use the name, photograph, voice, recordings,
biographical information, entry information and likeness of such winner
for editorial, advertising and publicity purposes throughout the world
by the Sponsors, Administrator and/or others authorized by the Sponsors
(but nothing contained in these Official Rules obligates Sponsors, Administrator,
or any others to make use of any of the rights granted herein and winner
waives any right to inspect or approve any such use); (ii) acceptance
of a prize constitutes a release by winner of the Sponsor Entities of
any and all Claims in connection with the administration of this Promotion
and the use, misuse, awarding, acceptance or possession of any prize;
and (iii) any potential winner may be required to read, sign, have notarized
(if applicable) and return an affidavit of eligibility (including, without
limitation, providing winner's social security number) and a liability/publicity
release without alteration in the form provided by Sponsors or prize
providers ("Affidavit and Release"); and (iv) if prize involves
travel or activities, any potential winner and travel companions
may be required to execute releases of the Sponsors from any and all
liability with respect to participation in such travel/activities and/or
use of the prize. The Affidavit and Release must be returned within
ten (10) days from the date that Sponsors first try to notify the potential
winner or the prizes may be forfeited in Sponsors' sole discretion.
The Affidavit and Release is subject to verification by Sponsors. If
winner is a minor under the jurisdiction of his/her residence, his/her
parent or legal guardian agrees to these Official Rules on his/her behalf
and the prize will be awarded in the name of his/her parent or legal
guardian who must execute the necessary Affidavit and Release and, if
applicable, must accompany winner on the trip (no additional travel
expenses will be awarded should a parent or legal guardian be required
to accompany the winner on the trip).
- DISCLAIMERS. (i)
Sponsors not responsible for entries that are lost, late, misdirected,
incorrect, garbled, altered, forged or incomplete, for any reason, including,
without limitation, by reason of hardware, software, browser, or network
failure, malfunction, congestion, or incompatibility at Sponsors'
servers or elsewhere. In the event of a dispute as to who submitted
an entry, entries will be deemed submitted by the authorized account
holder of the e-mail address submitted at the time of entry as long
as that person meets the eligibility criteria for entry in this Promotion.
"Authorized account holder" is defined as the natural person
who is assigned to an e-mail address by an Internet Access Provider,
online service provider, or other organization (e.g., business, educational
institute) that is responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. Potential winner
may be required to provide Sponsors with proof that he/she is the authorized
account holder of the e-mail address associated with the potentially
winning entry. If a dispute cannot be resolved to Sponsors'
satisfaction, the entry will be deemed ineligible. (ii) Sponsors,
in their sole discretion, reserve the right to disqualify any person
tampering with the entry process or the operation of the web site or
otherwise attempting to undermine the legitimate operation of the Promotion.
Use of bots other automated process, or any other illegitimate method
to enter is prohibited and may result in disqualification at the sole
discretion of Sponsors. Entries that are forged altered, incomplete,
late illegitimate, garbled or generated by a macro, bot or other automated
means will not be accepted and will be void. (iii) Sponsors further
reserves the right to cancel, terminate or modify the Promotion if it
is not capable of completion as planned, including by reason of infection
by computer virus, bugs, tampering, unauthorized intervention, force
majeure or technical failures of any sort. (iv) Sponsor Entities are
not responsible and/or liable for any of the following, whether caused
by a Sponsor Entity, the entrant or by human error: any lost, late,
incomplete, illegible, mutilated, or misdirected entries, e-mail, mail,
or Promotion-related correspondence or materials or postage-due mail;
any error, omission, interruption, defect, or delay in transmission
or communication; viruses or technical or mechanical malfunctions; interrupted
or unavailable cable or satellite systems; errors, typos or misprints
in these Official Rules, in any Promotion-related advertisements or
other materials; failures of electronic equipment, computer hardware
or software; lost or unavailable network connections, or failed, incorrect,
incomplete, inaccurate, garbled or delayed electronic communications
or entry information; or errors in the administration or fulfillment
of this Promotion, including, without limitation, mechanical, human,
printing, distribution or production errors, and Sponsors may modify
or cancel this Promotion based upon such error at its sole discretion
without liability. In no event will Sponsors be responsible for awarding
more than the number of prizes specified in these Official Rules. (v)
ALL PRIZING IS AWARDED AS-IS AND SPONSOR ENTITIES MAKE NO WARRANTIES,
REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW,
WHETHER NOW KNOWN OR HEREINAFTER ENACTED, REGARDING THIS PROMOTION OR
THE USE OR ENJOYMENT, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE OF ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY
ATTEMPT TO DAMAGE A PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL
LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT
TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS'
FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING
CRIMINAL PROSECUTION. (vii) SPONSOR ENTITIES ARE NOT RESPONSIBLE IN
ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING
RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. (viii) As a
condition of entering the Promotion, each entrant gives consent for
the Promotion Entities to obtain and deliver his or her name, address,
entry and other information to third parties for the purpose of administering
this Promotion and complying with applicable laws, regulations and rules.
(ix) Sponsor Entities are not responsible for electronic communications
that are undeliverable as a result of any form of active or passive
filtering of any kind, or insufficient space in entrant's e-mail account
to receive e-mail messages. Sponsor Entities are not responsible,
and may disqualify an entrant, if his or her e-mail address, telephone,
or other contact information does not work or is changed without entrant
giving prior written notice to Sponsors. (x) Without limiting
any other provision in these Official Rules, Sponsor Entities are not
responsible or liable to any entrant or winner or any person claiming
through such entrant or winner for failure to supply the prize or any
part thereof in the event that any of the Promotion activities or the
Sponsor Entities' operations or activities are affected, as determined
by the Sponsors in their sole discretion, including, without limitation,
by reason of any acts of God, any action, regulation, order or request
by any governmental or quasi-governmental entity (whether or not the
action, regulations, order or request proves to be invalid), equipment
failure, threatened terrorist acts, terrorist acts, air raid, blackout,
act of public enemy, earthquake, war (declared or undeclared), fire,
flood, epidemic, explosion, unusually severe weather, hurricane, embargo,
labor dispute or strike (whether legal or illegal) labor or material
shortage, transportation interruption of any kind, work slow-down, civil
disturbance, insurrection, riot, or any law, rule, regulation, order
or other action adopted or taken by any governmental, federal, state
or local government authority, or any other cause, whether or not specifically
mentioned above. (x) The value(s) of the prize(s) set forth above represent
Sponsors' good faith determination of the approximate retail value(s)
thereof; the actual fair market value(s) as ultimately determined by
Sponsors are final and binding and cannot be challenged or appealed.
In the event the stated approximate retail value(s) of a prize is more
than the actual fair market value of that prize, the difference will
not be awarded in cash or otherwise. No substitution or compensation
will be given for any portion of the prize that is not used.
EACH ENTRANT
UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL
CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF
THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION
1542 READS AS FOLLOWS:
"CERTAIN
CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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."
WINNER
ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS
OR LIABILITIES OF HIS/HER GUESTS RELATED TO ANY PROMOTION-RELATED ACTIVITY,
INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED
TO THE GUEST'S USE OF THE PRIZE.
- GENERAL RULES.
Sponsors' decisions will be final in all matters relating this Promotion,
including interpretation of these Official Rules and awarding of the
prize. Participants further agree to not damage or cause interruption
of the Promotion and/or prevent others from using the Promotion. Sponsors'
failure to or decision not to enforce any provision in these Official
Rules will not constitute a waiver of that or any other provision.
In the event there is an alleged or actual ambiguity, discrepancy or
inconsistency between disclosures or other statements contained in any
Promotion -related materials and/or these Official Rules (including
any alleged discrepancy or inconsistency in these Official Rules), it
will be resolved in Sponsors' sole discretion. If Sponsor determines
at any time in its sole discretion that the winner or potential winner
is disqualified, ineligible, or in violation of these Official Rules,
Sponsor reserves the right in its sole discretion to select an alternate
winner, even if the disqualified potential winner's name may have
been shown or announced online or elsewhere. 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 is determined to be invalid or otherwise unenforceable or
illegal, these Official Rules will otherwise remain in effect and will
be construed in accordance with their terms as if the invalid or illegal
provision were not contained herein.
- APPLICABLE LAWS
AND JURISDICTION. Issues concerning the construction, validity,
interpretation and enforceability of these Official Rules shall be governed
by the laws of the State of Illinois, without regard to any principles
of conflict of laws. All disputes arising out of or connected with this
Promotion will be resolved individually, and without resort to class
action, exclusively by a state or federal court located in Cook County,
Chicago, Illinois. Should there be a conflict between the laws of the
State of Illinois and any other laws, the conflict will be resolved
in favor of the laws of the State of Illinois. To the extent permitted
by applicable law, all judgments, awards or any other recovery shall
be limited to actual out-of-pocket damages, if any (excluding attorneys'
fees) associated with participation in this Promotion and shall not
include any indirect, punitive, incidental and/or consequential damages,
and entrant further waives all rights to have any out-of-pocket damages
multiplied or increased.
- WINNER LIST
/OFFICIAL RULES. For the name of the winner, send a self-addressed
stamped envelope, within six (6) months of the Drawing Date, to: Stephanie
Reisender, Winner List, " Best of All Worlds", Condé Nast
Media Group, 4 Times Square, 7th Floor, New York, New York 10036.
For a copy of these Official Rules, visit www.hyattbestofallworlds.com during the Promotion Period or send
a self-addressed stamped envelope during the Promotion Period to:
Official Rules, " Best of All Worlds" Attn: Stephanie Reisender,
Conde Nast Media Group, 4 Times Square, 7th Floor, New York, NY 10036.
Only one (1) request per outer envelope, mailed separately, will be
fulfilled. Vermont residents may omit return postage with Official Rules
requests.
- SPONSORSHIP. This
Promotion is sponsored by Condé Nast, 4 Times Square, New York, New
York 10036 and Hyatt Corporation, 71 S. Wacker, Chicago, IL 60606.