OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
The #UnderTheBetsyOrb contest (the "Contest") is hosted by The Betsy Hotel. By participating in the Contest, each entrant agrees to abide by all eligibility requirements and other Contest rules, and understands that the results of the Contest, as determined by The Betsy Hotel in its sole discretion, are final in all respects. The Contest is subject to all federal, state, and local laws and regulations and is void where prohibited by law.
The Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram or its subsidiaries. Any questions, comments, or complaints regarding the Contest must be directed to The Betsy Hotel, not Instagram.
The Contest is open to legal residents of the United States where not prohibited by law, who have reached the age of majority at the time of entry, and who have Internet access the Contest Period. The Betsy Hotel has the right to verify the eligibility of each entrant. The Betsy Hotel employees are not eligible to enter the Contest.
The Contest begins on August 1, 2020 at 9:00 a.m. ET and ends on August 31, 2020 at 9:00 a.m. ET (the “Contest Period”). All entries must be received during the Contest Period. The Betsy Hotel reserves the right to extend or shorten the Contest Period in its sole discretion.
HOW TO ENTER
Entrants must complete the mandatory entry tasks in the Contest platform. Entrants can submit additional entries by completing additional optional tasks within the Contest platform. By submitting any photos, videos or any other materials as an entry, entrants acknowledge that they are releasing right, title and interest to such photos, videos and other materials to The Betsy Hotel in any and all formats and media now or hereafter known, throughout the universe in perpetuity, without additional compensation, notification, permission, or approval, to be used for any purpose. The Contest platform will track all entries.
An Instagram account is required to submit your Entry. If you do not already have an Instagram account, you can go to www.instagram.com to create an account. If you choose to submit your entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All entries become the property of The Betsy Hotel and will not be acknowledged.
Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, The Betsy Hotel reserves the right to deem that the entry was made by the authorized account holder of the Instagram account used to submit the entry. Authorized account holder of an Instagram account is defined as the person who is assigned to the Instagram account by Instagram.
All eligible entries received during the Contest Period will be gathered after the end of the Contest Period. the close of the Contest Period, The Betsy Hotel will decide on a winner, in its sole discretion.
Announcement and instructions for Prize collection will be sent via direct message on Instagram. Each entrant is responsible for monitoring his or her Instagram account for Prize notification and receipt of other communications related to the Contest and the Prize award. If a potential Prize winner cannot be reached by The Betsy Hotel within three (3) days, the potential Prize winner shall forfeit the Prize and The Betsy Hotel may select another Prize winner in its sole discretion.
Winners agree to have their photos taken during their stay and for such photos to be posted on The Betsy Hotel’s social media accounts and used for other marketing and promotional purposes, at The Betsy Hotel's sole discretion. Entry constitutes permission (except where prohibited by law) to use the entrant’s name, city, state, likeness, image, voice and other information for purposes of advertising, promotion, and publicity of the Contest and The Betsy Hotel in any and all formats and media now or hereafter known, throughout the universe in perpetuity, without additional compensation, notification, permission, or approval.
Winner will receive: A two-night stay at The Betsy Hotel and dinner for two at The Alley upon the hotel’s reopening to the public subject to any restrictions imposed by law or governmental authority or by The Betsy Hotel, including without limitation facial coverings and social distancing requirements and guidelines (the "Prize"). The dates of stay will be determined by The Betsy Hotel in its sole discretion. Certain restrictions and blackout dates may apply.
Total Value of Prize: $400.00
All taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Prize are the sole responsibility of each winner. The Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, unspecified meals, air and ground transportation, phone calls, gratuities, incidentals, souvenirs, etc.) are included in the Prize and all such expenses are the sole responsibility of the Contest winner. Hotel accommodations do not include meals (except as specifically included in the Prize), incidentals, tips, telephone calls, or any other personal expenses incurred during the stay. The Prize cannot be transferred by the winner or redeemed for cash and is valid only for the items detailed above, with no substitution. If the Prize is not redeemed within twelve (12) months after notification to the winner by The Betsy Hotel, the Prize will be forfeited and no additional prizing or compensation will be provided to the winner. Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize and which may be associated with the award, acceptance, receipt and/or use of all or any portion of the Prize are solely the responsibility of the winner. ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
The Prize is non-transferable. No substitution or equivalent Prizes are permitted. The Betsy Hotel and its respective affiliates and subsidiary companies, employees, agents and other representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any Prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by The Betsy Hotel. The Betsy Hotel reserves the right to terminate, suspend, or amend the Contest, without notice, and for any reason, including, without limitation, if The Betsy Hotel determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond The Betsy Hotel’s control corrupts the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, The Betsy Hotel reserves the right to void suspect entries in its sole discretion. The Betsy Hotel and its respective affiliates and subsidiary companies, employees, agents, and other representatives, and any communication network or internet service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise. By accepting the Prize, the Prize winner irrevocably and forever releases and waives, all rights and recourse against The Betsy Hotel, its advertising and promotional agencies and affiliated companies, and each of their affiliates, and each of their respective assigns, directors, officers, partners, parents, subsidiaries, shareholders, predecessors, successors, representatives, agents, attorneys, employees, contractors, and agencies and the like, from and against any and all claims, demands, payments, proceedings, judgments, settlements, awards, expenses (including and without limitation, legal fees and costs) damages, losses, costs, or other liabilities, which the winner or the winner’s heirs, executors, administrators or personal representatives now have or hereafter can, shall or may have against any of the above-named persons or entities arising in connection with the Contest including, without limitation, participation in the Contest.
The failure of The Betsy Hotel to comply with any provision of these Official Rules due to labor strikes, lockouts or other labor disturbances or shortages, acts of God (including tornados, floods, earthquakes and hurricanes), fires, accidents and other casualties, governmental restrictions, enemy action, civil commotion, fire, explosion, unavoidable casualty, unusual delays in transportation, embargos, shortages or unavailability of materials, supplies, equipment and/or systems, adverse abnormal adverse weather conditions, power outages, Internet outages, acts of terrorism (including bio-chemical attacks or cyberattacks), war, sabotage, vandalism, civil disturbances, insurrections, embargos, riots, delays in obtaining materials, any cause or circumstance resulting in delays, stoppage or any other interference caused by the insolvency of, any contractor or subcontractor used by The Betsy Hotel, acts of governmental authorities or other third parties, laws or other legal requirements enacted by any governmental authority, judicial or governmental orders or final judgments entered by courts of competent jurisdiction, material adverse changes in United States, world or applicable state hospitality market conditions and/or general business, economic or market conditions (including changes generally in prevailing interest rates, credit availability and liquidity, currency exchange rates and price levels or trading volumes in the United States or foreign securities or credit markets), or other similar causes beyond The Betsy Hotel's reasonable control will not be considered a breach of these Official Rules and will excuse performance hereunder.
INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THE CONTEST EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE BETSY HOTEL AND ITS AFFILIATES AND SUBSIDIARY COMPANIES, THE INSTAGRAM PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. THE BETSY HOTEL AND ITS AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. THE BETSY HOTEL AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
The Contest is governed by, and will be construed in accordance with, the laws of the State of Florida. Any dispute or claim related to the Contest that is not resolved through direct discussions or mediation, shall be resolved by final and binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Florida. All proceedings brought pursuant to this paragraph will be conducted in Miami Beach, Florida. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.