Bed & Breakfast Association of Kentucky’s
B&B Green Getaway Sweepstakes - Official Rules/Term & Conditions:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS SWEEPSTAKES. Void in New Jersey, Puerto Rico, and outside of the United States and where prohibited by law. Subject to all federal, state and local laws, regulations and ordinances. Sweepstakes begins at 8:00 AM Eastern Standard Time (EST) April 1, 2010 and ends at 8:00 AM EST on December 24, 2010 (the "Sweepstakes Period"). Entries must be received by 8:00 AM EST on December 24, 2010. This sweepstakes is sponsored by the Bed & Breakfast Association of Kentucky (dba, BBAK, “Sponsor”) and its Members.
1. ELIGIBILITY: BBAK’s Green Getaway Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States, including DC (excluding NJ, U.S. possessions, territories, overseas military installations in foreign countries, and Puerto Rico) who are the age of majority in their state of residence or older on April 1, 2010. Members, Employees of Members, officers and directors of BBAK; or any related representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners.
2. HOW TO ENTER: To enter the Sweepstakes, on a Prize Registration Form that can be obtained from a participating BBAK Member, hand print your name, email address, full mailing address, and primary phone number and deposit the Prize Registration Form into a ballot box at that BBAK Member property during the Sweepstakes Period. Limit one (1) entry per person per visit. Bulk entries, entries submitted by third parties, mechanically reproduced or photocopied deposited entries are prohibited and automatically void.
All entries, regardless of method of submission, must be complete to be eligible to enter and win. Sponsor and its agencies are not responsible for lost, late, incomplete, invalid, damaged, stolen, misdirected, unintelligible or illegible entries, which will be disqualified. All entries become the property of Sponsor and will not be returned or acknowledged, and Sponsor will not verify receipt of entries. All entrants agree that Sponsor, affiliates or service providers may use entrants' personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Sponsor will not sell personal information submitted with entry to outside solicitors.
3. RANDOM DRAWING: One (1) Sweepstakes Grand Prize winner will be selected in a random drawing to be conducted by Administrator on or about December 24, 2010, from among all eligible entries received. Odds of winning the Sweepstakes Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period. Potential Grand Prize Winner will be notified by phone call, on or about December 24, 2010. Except where legally prohibited, potential Grand Prize winner must sign and return, within fifteen (15) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If prize notification is returned as undeliverable, if potential winner is disqualified, if potential winner declines to accept the prize, if potential winner fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, or if the potential winner is unavailable to accept the prize within the time period specified by Sponsor, the potential winner will be disqualified and an alternate potential winner will be selected at random in his/her place from among all eligible entries received within seven (7) business days of the date potential winner is determined to be ineligible. Alternate potential winner must satisfy all eligibility requirements. Up to four (4) alternate winners will be selected, after which the prize will remain un-awarded.
Verification of Potential Winner: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. GRAND PRIZE: $500 B&B Green Getaway of the Winner’s choice of BBAK Member – which may be redeemed at one or multiple BBAK Member Inns.
5. PRIZE CONDITIONS AND RESTRICTIONS: Grand Prize winner's guest, if any, must be 18 years of age or older, or if guest is a minor in his/her jurisdiction of residence, the winner must be such minor's parent or legal guardian. Each guest must execute a Release of Liability and Publicity Release (where legal) prior to arriving at the BBAK Member property/properties. Travel restrictions, conditions, and limitations may apply. All B&B arrangements must be made through Sponsor or any BBAK Member, and all prize-related arrangements/accommodations are at Sponsors discretion. Accommodations are subject to availability. Certain restrictions and blackout dates may apply. All travel must occur within one (1) year of the date of prize notification. Unused nights will be forfeited. All expenses and incidental travel costs not expressly stated in the Grand Prize description above, including but not limited to, airfare, ground transportation, parking, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes and/or other expenses are the responsibility solely of winner. Any and all applicable federal, state, and local taxes (including, but not limited to income and sales taxes) and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the prize winner. Prize is not transferable. Prize cannot be substituted or redeemed for cash; however, Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason, at its sole discretion. Sponsor will not replace any lost or stolen prizes or prize certificates. There are no substitutions.
Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, unawarded, eligible prize claimants.
6. GENERAL CONDITIONS: This Sweepstakes is governed by the laws of the United States. Void in NJ, Puerto Rico, outside the United States, and where prohibited by law. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Sweepstakes (or any portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect entries received up to the time of the impairment.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND 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. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Sweepstakes Web Site, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Entrants agree that Sponsor shall own the entries, which shall not be acknowledged or returned.
7. PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER'S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, USE OF WINNER'S NAME, LIKENESS, PHOTOGRAPH, VOICE, OPINIONS BIOGRAPHICAL INFORMATION (INCLUDING WITHOUT LIMITATION ( HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
8. RELEASE AND LIMITATIONS OF LIABILITY: Sponsor and its agents, affiliates, parents, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, publications, sweepstakes, fulfillment and marketing agencies, web site providers, web masters, and administrator, and their respective officers, directors, employees, representatives, and agents (collectively, 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes 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 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Each Entrant agrees to release, defend, indemnify and hold harmless Sponsor and those working on their behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant's participation in this Sweepstakes or the awarding, acceptance, use or misuse of any Prize. By participating in the Sweepstakes, entrants agree that the Released Parties will have no liability or responsibility whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive damages) to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of a prize, entry, or participation in this sweepstakes or in any sweepstakes related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The Released Parties are not responsible 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 terrorism. By participating in the Sweepstakes, participants agree that the Released Parties also will not be responsible or liable for any injuries, damages, or losses of any kind (including without limitation direct, indirect, incidental, consequential, or punitive damages) to persons, including death.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEB SITE AND THE GRAND PRIZE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES: Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Louisville Kentucky or the appropriate Kentucky Court located in Kentucky; (2) any and all claims, judgment, 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; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of laws rules (whether of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
10. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules and the name of the Grand Prize Winner, available for ninety 90 days after winner verification, send a self-addressed, stamped envelope to: "BBAK’s Green Getaway Sweepstakes", 1347 S. Third St., Suite 304, Louisville, KY 40208. For the Official Rules, available for ninety 90 days after winner selection, send a self-addressed, stamped envelope to: "BBAK’s Green Getaway Sweepstakes", 1347 S. Third St., Suite 304, Louisville, KY 40208. Allow approximately three (3) weeks for delivery.
11. PRIVACY: Information collected from entrants is subject to the Sponsor's Privacy Policy. Sponsor and Sponsor's agents, affiliates, subsidiaries, representatives or service providers may use entrants' personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Sponsor will not sell personal information submitted with entry to outside solicitors.